{"id":2744,"date":"2021-09-29T21:50:45","date_gmt":"2021-09-29T21:50:45","guid":{"rendered":"http:\/\/legalblog.ie\/?p=2744"},"modified":"2024-03-11T22:12:27","modified_gmt":"2024-03-11T22:12:27","slug":"renewal","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/renewal\/","title":{"rendered":"Renewal &#038; Objections"},"content":{"rendered":"<p>Any person may object to court against an application for renewal of a licence to the Revenue Commissioners in respect of premises based on the unfitness of the premises.\u00a0 Significant prior notice is required.<\/p>\n<p>The licence remains in force for a year and must be renewed.\u00a0 The renewal is granted to \u00a0the same person for the same premises by the Revenue Commissioner.\u00a0 A certificate is no longer required, unless a notice for objection has been lodged, the holder ceases to be a resident in the country or cannot be found or where it is proposed to insert a Sunday closing or early closing condition.<\/p>\n<p>Under the 1986 Act, an objection for renewal may be made by any person, who have been authorised to object before the making of that Act namely, the Superintendent of an \u00a0Garda S\u00edoch\u00e1na or Inspector in his absence, a member of the community, or the District Court on its own knowledge.<\/p>\n<p>An objection may be made for the renewal in the name of the nominee, if it is established that the nominee has not had an active role in the affairs of the company of the premises sold to be answerable for breaches of the licensing law.<\/p>\n<p>Where the licence has expired, an application is made within one year, it may grant to the applicant a certificate for renewal and the applicant is deemed the holder of the lowest estate.<\/p>\n<p>The application is not granted if the holder objects or the applicant is not suitable. Where the holder of a licence to whom a transfer or renewal was granted above, applies to court for a certificate required for renewal, he is deemed to hold the lowest estate or tenancy.<\/p>\n<p>The Licensing (Ireland) Act 1833 deals with objections to the granting of on-licences.\u00a0 Any inhabitant of the parish or health authority in whose functional area the licensed house is situate, may give notice those to the County Registrar objecting to the grant of a new licence.\u00a0 This may be founded on<\/p>\n<ul>\n<li>character, misconduct, unfitness of the applicant,<\/li>\n<li>unfitness or inconvenience of the house or premises,<\/li>\n<li>number of previously licensed premises in the neighbourhood.<\/li>\n<\/ul>\n<p>The court considers the validity of the objection and may for that purpose examine the applicant on oath. The objecting person must be an inhabitant of the parish.\u00a0 Different provisions apply in other contexts.\u00a0 The Garda Superintendent of the District may object.\u00a0 The fire authority must be given notice and it may appear and give evidence in any such application.<\/p>\n<p>The objection must be an objection in substance.\u00a0 Unfitness does not necessarily imply character.\u00a0 It involves the person&#8217;s ability to carry on the trade of a licensed premises.\u00a0 He must know how the trade is carried out.\u00a0 He must intend to supervise the business.<\/p>\n<p>The unfitness or convenience of the premises includes in particular the possibility of exercising police control and supervision.\u00a0 Suitability includes everything arising from the locality.<\/p>\n<p>Objections on the grounds of unfitness are generally one for the health authority.\u00a0 The fire authority may object, if the premises are unsuitable based on fire safety considerations.<\/p>\n<p>The excessive number of previously licensed premises in the neighbourhood may be a valid ground in certain cases in respect of a premises previously unlicensed.\u00a0 The court has no jurisdiction to consider an objection in the case of transfer of a premises which is already licensed.<\/p>\n<p>The application Where the licence has expired, an application is made within one year, it may grant to the applicant a certificate for renewal and the applicant is deemed the holder of the lowest estate.<\/p>\n<p>It is not granted if the holder objects or the applicant is not suitable. Where the holder of a licence to whom a transfer or renewal was granted above, applies to court for a certificate required for renewal, he is deemed to hold the lowest estate or tenancy.<\/p>\n<p>In the absence of evidence that trade has been carried on in the previous year, the District Judge has no jurisdiction to issue a certificate in relation to the business having been carried on in a peaceful and orderly manner.\u00a0 The Circuit Court has allowed renewal, where no trade has been carried out for reasons outside the licensee&#8217;s control such as the destruction of the premises by fire.<\/p>\n<p>a case where trade was only carried on for one day, the High Court held that the District Judge was correct in holding that it is not carried on within the last year.\u00a0 However, the temporary abandonment of the premises during the course of the year would not negate the carrying on of the trade for this purpose.<\/p>\n<p>The licence cannot be renewed in the name of a deceased person.<\/p>\n<p>If a licence lapses a renewal may be obtained within six months of its expiry.<\/p>\n<p>The refusal to serve a person lawfully entitled to be served may be a ground for objection.<\/p>\n<p>Evidence of breaches by previous tenants are admissible in relation to the character of the premises.<\/p>\n<p>Where an objection is made orall,y its nature need not be stated so long as a formal objection is made.\u00a0 However its nature must be shown in the written notice served for the adjourned hearing.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-2744\" data-postid=\"2744\" class=\"themify_builder_content themify_builder_content-2744 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Any person may object to court against an application for renewal of a licence to the Revenue Commissioners in respect of premises based on the unfitness of the premises.\u00a0 Significant prior notice is required. The licence remains in force for a year and must be renewed.\u00a0 The renewal is granted to \u00a0the same person for [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[89],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2744"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=2744"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2744\/revisions"}],"predecessor-version":[{"id":32899,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2744\/revisions\/32899"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2744"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2744"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2744"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}