Substitute Licence

New Licences

The Licensing (Ireland) Act 1902 capped the number of existing licences.  All new licences granted thereafter are by way of exception to that general prohibition.  The Act contained a number of exceptions in itself which have been gradually expanded over the last century.

The  previous licence must have been the same or more comprehensive than that sought.  It is not possible to upgrade a lesser licence to a full on-licence. The rateable valuation of premises must be above certain very minimal levels in towns and county boroughs.  They vary depending on the city involved.

Attached or Adjoining

A premises which was  licensed at any time during the period of five years before the application may be relicensed.  This does not apply where the licence has been extinguished by consent to the context of transfer/ new licence.

The new licence must render the premises more suitable for the business carried on. The power  allows for an additional and adjoining premises with a substantial change in character. The provision are used where licences have unintentionally terminated because of a redevelopment of the premises changing its original character.

The procedure does not apply to a licence that has been forfeited, extinguished or otherwise disqualified. This provision is often used where licences have unintentionally lapsed .

New Licence Issues

The question of whether the additional premises are attached to or adjoining the original premises, is determined at the date of the application.  The power is not limited to one alteration or expansion.  It is commonly used, where a premises are rebuilt or  redeveloped.

The licence is to be of the same quality as that previously applicable. Therefore restrictions of any on the previous licence will in effect carry over.

A less extensive licence such as an off-licence may be granted in place of an on licence. The premises must be substantially the same premises as that which was previously licensed.

The licence is to be of the same quality as that previously applicable. Therefore, restrictions of any on the previous licence will in effect carry over. A less extensive licence such as an off-licence may be granted in place of an on licence.

More Convenient in Vicinity

A new licence may be granted for premises attached to or adjoining premises licensed for the sale of intoxicating liquor during the previous five years. The new licence must render the premises more suitable for the business carried on.

It allows for an additional and adjoining premises with a substantial change in character. The provision has often been used where licences have unintentionally terminated because of a redevelopment of the premises changing its original character.

An application may be made for a new licence in respect of more convenient premises.  The applicant must show

• that he is the holder of a licence in the immediate vicinity of the new premises.
• that both are in the same District Court area.
• that neither the new nor the existing premises is in an urban area.
• that the ratebale valuation of the new premises is at least that of the old premises.
• that the new premises is more suitable for the business of selling intoxicating liquor.

An application can be made in respect of a new premises or a proposed new premises.

Notwithstanding the general prohibition on new licences, a certificate may be issued entitling the applicant to a new licence.  Upon the grant of new licence, the old licence is extinguished.  Convictions are carried from one licence to the other.

Vicinity

What is the immediate vicinity depends on the facts and circumstances of each case.  A distance of several miles has been allowed exceptionally.The immediate vicinity does not necessarily mean the next premises.  There is no precise test, and each case is considered in its own circumstances.

It has been held that a couple of hundred yards are prospectively within the “immediate vicinity” depending on the circumstances.  The courts have indicated that the premises may not be in the immediate vicinity if they are located in an incompatible social and economic area.

Destroyed Premises

A premises may be licensed in the immediate vicinity of a premises which has been burned down or destroyed, or rendered uninhabitable by fire or other unavoidable cause or accident within the previous two years. The licensee in occupation of the previous premises may make the application. Consent to the extinguishment of the previous licence is required.

The applicant may apply for a certificate for a new licence in respect of substituted premises.  The old licence is extinguished and any convictions are carried across.

There are provisions for a declaration of fitness and convenience for the proposed premises. Once the declaratory order is made there is relatively narrow scope for refusal of the final certificate

Objections may be considered on the basis of the character, misconduct, unfitness of the applicant, or the inconvenience of the substituted premises.

Demolished by Authority

There is provision for the grant of a new licence where the local authority has is proposing to demolish an existing licensed premises. The provisions are similar to those generally for destroyed premises but the test is different. Broadly speaking it is much more difficult for an objection to be sustained.

Premises on a site approved by a local authority may be licensed in substitutions for premises demolished on their instructions or to be demolished on their instructions.The licence granted as to be of the same type as that held in respect of the demolished premises.

A local authority may issue a certificate, that particular licensed premises have or are to be demolished under their direction and the particular site acquired by them is approved as a site for substituted certificate.  A person holding such licence may apply to the court for a certificate to receive a licence for the approved site.

The court may grant a new licence unless it prohibits the issue on the grounds of the character, misconduct, unfitness of the applicant or inconvenience of the premises or on the ground that the licence would be unreasonably detrimental to the business being carried on in some other licensed premises in the neighbourhood.

The latter objection does not apply if the premises are erected on the site of the previous premises or the local authority certifies that that such site is not available and the court is satisfied that the change is unlikely to have a materially adverse effect on a neighbouring business premises.The licence is similar in character and will contain the same conditions as the previous licence.

A new replacement premises must not be refused on the basis of the number of previously licensed premises in the area in the above cases