Transfer

Lowest Estate

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.

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.

This 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 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.

Forfeiture

The  courts have held that a landlord who evicts the tenant of a licensed premises may not take the benefit of the above principle on applying for a transfer.  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

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.

Register

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.