Transfer

Licence Holder

A licence is personal to the licence holder. The character and capacity of licence holder is of central relevance.

The holder of the lowest estate or tenancy in a premises for which the licence is in force  may apply to the court to have the licence transferred to him.  A licence held other than by the holder of lowest estate or tenancy is not capable of being extinguished for the purpose of the grant of a new licence.

Every entry in the register of licences of an excise licence, certificate, exemption or the conviction shall be evidence thereof.  It should be kept in a book maintained by the District Court office.

Licence Transfer

Where the licence holder dies, a lease is forfeited, upon insolvency, appointment of a receiver, if the premises are sold or there is another change in the identity of the licence holder, it is necessary to apply for a temporary transfer.

The District Court may grant this. It is then necessary to apply the following annual licensing court (September) to confirm the transfer.

These requirements apply to the principal publican on licence,  hotel premises licence special restaurant licence, wholesale beer dealers licence spirits and beer retailers off-licence.

In other cases a new licence may be required. These cases usually involve licences that can readily be re granted without extinguishment of purchase of a licence.

Other Changes of Owner

Most changes in control of the company will not generally trigger the requirement for an application. Where company is put into liquidation the liquidator may apply for a transfer where it starts trading.

Application may be made for a change of nominee where the body corporate holds a licence through a nominee. An application may be made for a transfer to a substitute nominee.

As a grant of probate or letters of administration will not issue for some time after death. However and ad interim/temporary transfer may be made by a person having an interest nominated by the executor or administrator.

There are special provisions where a tenant has been convicted of certain offences by which the landlord may apply for a temporary transfer of the licence pending confirmation by the annual District Court licensing session.

Temporary Transfer

The Public House (Ireland) Act, 1855 allows a temporary transfer of licence on death or removal of a licence holder.A District Judge may temporarily transfer a licence up on death of the holder to a person approved and not disqualified by law, nominated by the executor or administrator, or, if none, a person having an interest in the premises.

The application for a temporary transfer is made on 48 hours’ notice to the Garda Siochana the District Court. The court will generally grant the transferee if the applicant is it and proper person and has the requisite competence. Licensee must show that it is the relevant successor

The court order operates to authorise the person to whom the licence is transferred to carry on the business until the next annual licensing court next following one month of the transfer.This may be continued until the following licensing court.

Nominee & Termination

Where a licence is held by nominee of a company, an application may be made to court to transfer it to another by endorsement on the licence.

Where the holder of a licence ceases other than by reason of death or forfeiture to carry on business and if he is ordinarily resident, either ceases to be resident and cannot be found, the court may on application being made, transfer the licence in accordance with the provisions for an ad interim transfers.

Where the connection between the person and the premises is determined and the common title to both the licence and the premises is interrupted, the right of renewal of transfer is lost and those claiming either on personal grounds as representing the holder of the former licence or as owners, must submit the claims as applicants for a new licence.

Transfer Application

The temporary transfer gives authority to trade until o the next annual licensing court. An application for confirmation of the transfer / renewal of the licence in the name of transferee is required in following licensing cour

Applications for transfer of licences are made to the District Court.  There must be a bona fide transfer or sale.  It must not be a device to evade the licensing laws.  The licence is transferred free from endorsement.

Persons entitled to object to a new on-licence are entitled to object to its transfer on the same grounds.  However, where the premises is already licensed, the court- has no jurisdiction to consider an objection on the ground of the number of previously licensed premises in the neighbourhood.

The Superintendent of the Garda Sichana of the District may object to the issue of a certificate by the District Court to transfer an off-licence.

Confirmation

Notice of the application must be given to the requisite parties, the  Superintendent of An Gard Siochana 21 days in advance and the fire authority one month in advance. The application must be published in a newspaper circulating in the district.

Persons may appear to object to the confirmation of the transfer to the transferee. They  may raise the character conduct and fitness of the applicant and the fitness of the premises.

In the case of a transfer to a bona fide purchaser, relief may be granted from existing endorsements on the licence. See the section on endorsements and convictions. The court grants a certificate of transfer which allows the transferee to apply to Revenue Commissioners for licence renewal.