Wine Retailers

Wine Retailers On-Licence

A refreshment house keeper may apply to the Revenue Commissioners for a wine retailers on licence. In contrast to the below type of wine retailers licence, a District Court certificate is not required unless there is an objection to the District Court.

Revenue Commissioners send the application for the licence to an  Garda Siochana and the District Court for the area who may lodge a notice of objection within 30 days. The tax clearance certificate is required.

Excise duty is payable. A refreshment house is a premises kept open for public refreshment resort and entertainment at any time between 10 o’clock at night and 7 o’clock of the following morning not being licensed for the sale of cider wine or spirits.

Sale Permitted

A wine retailers on licence permits sale to one person at a time in quantities not exceeding 16 pints or one dozen reputed quart bottles whether for consumption on or off the premises. The holder of the licence may sell retail sweets without requiring a further licence in this regard

Wine means wine imported into the State including foreign wine but excluding fermented liquor more than 22% alcohol by volume. This is deemed to be spirits.

Wine is beverage exceeding 1.2% alcohol content of fermented origin obtained from fermentation of grapes or the must of grapes not exceeding 15% or in the case of still wine without enrichment 18% volume.

Restaurant Certificate

The holder of a wine retailers on licence may apply to the District Court for a restaurant certificate. This permits sale for consumption on the premises of beer with a meal. There may not be a bar nor may spirits be sold. The restaurant certificate must be renewed annually.

Renewal

The general provisions for renewal of licences apply. See the other sections regarding annual renewal. The court application is no longer required unless there is a specific objection referring the matter to be brought before the annual licensing court.

Sweet Retailer

Sweets are liquor between 1.2% volume and 22% volume made by fermentation or mixing the liquor so obtained. They  do not include beer wine grape must in ferment or  with fermentation arrested otherwise than by the addition of alcohol cider perry or sweets

A sweet retailers on licence is allows sale for consumption on or off the premises. A sweet retailers off-licence allows sale purpose of consumption off the premises.

A a sweet retailers on licence and off-licence does not require a court certificate. Application is made directly to the Revenue Commissioners for sale in quantities of 28  16 pints or one dozen reputed quart  bottles for consumption off the premises only.

A sweet retailers off-licence may be granted to the holder of a on licence provided it does not authorise the sale of liquor off the premises that is not permitted on the premises under such licence.

The licences expire annually.

Operation

The generals legislation on opening hours applies. Gardai and members of Revenue Commissioners have powers of access.

Breach of the legislation is an offence and convictions may be recorded. Licences may be lose  on having a number of recorded convictions.

Cider Retailer Off Licence

A cider retailers off-licence is granted by Revenue Commissioners. It authorises the sale of cider and perry in quantities not exceeding 36 pints or two dozen reputed quart  bottles.

Cider and perry is beverages between 1.2% volume and 15% alcohol volume obtained from the fermentation of apple or pear juice.

New Off Licence

A new wine retailer’s off  licence may be granted pursuant to a District Court certificate. Typically, there may be the following licences combined

• a wine retailer’s off-licence;
• a spirit retailer’s off-licence; and
• a beer retailer’s offlicence.

A certificate may be refused on the basis of the

• character, misconduct, or unfitness of the applicant,
• unfitness or inconvenience of the premises,
• unsuitability of the premises or the needs of persons residing in the neighbourhood,
• adequacy of existing number of licensed premises of the same character in the neighbourhood.

Objections may be made by  the Superintendent of Garda Síochána or persons residing in the neighbourhood. The Superintendent of Garda Síochána may object to renewal.

They above provision regarding objection and  refusal by the District Court apply also to spirit retailer’s off-licence, beer retailers off -licence and wine retailers off-licences.

The District Court may exercise in relation to a wine retailer’s off-licence, with all necessary modifications, the powers, jurisdictions and authorities which it has in relation to a spirit retailer’s off-licence except the conditions applicable to a spirit retailer’s off-licence.

Objections can be made to the grant of a wine retailers on licence based on the conduct of the premises on the part of the applicant’s disqualification conviction for certain offences and certain other grounds.