{"id":2761,"date":"2021-09-29T22:37:10","date_gmt":"2021-09-29T22:37:10","guid":{"rendered":"http:\/\/legalblog.ie\/?p=2761"},"modified":"2022-08-06T17:50:36","modified_gmt":"2022-08-06T17:50:36","slug":"substitute-licence","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/substitute-licence\/","title":{"rendered":"Substitute Licence"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/substitute-licence\/#New_Licences\" title=\"New Licences\">New Licences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/substitute-licence\/#Previously_Licensed\" title=\"Previously Licensed\">Previously Licensed<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/substitute-licence\/#More_Convenient_in_Vicinity\" title=\"More Convenient in Vicinity\">More Convenient in Vicinity<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/substitute-licence\/#Vicinity\" title=\"Vicinity\">Vicinity<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/substitute-licence\/#Destroyed_Premises\" title=\"Destroyed Premises\">Destroyed Premises<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/substitute-licence\/#Demolished_by_Authority\" title=\"Demolished by Authority\">Demolished by Authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/substitute-licence\/#Declaratory_Application\" title=\"Declaratory Application\">Declaratory Application<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/substitute-licence\/#Fitness_and_Convenience\" title=\"Fitness and Convenience\">Fitness and Convenience<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"New_Licences\"><\/span>New Licences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Licensing (Ireland) Act 1902 capped the number of existing licences.\u00a0 All new licences granted thereafter are by way of exception to that general prohibition.\u00a0 The Act contained a number of exceptions in itself which have been gradually expanded over the last century.<\/p>\n<p>The\u00a0 previous licence must have been the same or more comprehensive than that sought.\u00a0 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.\u00a0 They vary depending on the city involved.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Previously_Licensed\"><\/span>Previously Licensed<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A premises which was \u00a0licensed at any time during the period of five years before the application may be relicensed.\u00a0 This does not apply where the licence has been extinguished by consent to the context of transfer\/ new licence.<\/p>\n<p>A new licence may be granted where\u00a0 the premises is attached to or adjoining premises licensed for the sale of intoxicating liquor at any time within five years, immediately before notice was given to the appropriate court. The question of whether the additional premises are attached to or adjoining the original premises, is determined at the date of the application.\u00a0 The power is not limited to one alteration or expansion.\u00a0 It is commonly used, where a premises are rebuilt or \u00a0redeveloped.<\/p>\n<p>This does not apply to a licence that has been forfeited, extinguished or otherwise disqualified. This provision is often used where licences have unintentionally lapsed .<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"More_Convenient_in_Vicinity\"><\/span>More Convenient in Vicinity<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>An application may be made for a new licence in respect of more convenient premises.\u00a0 The applicant must show<\/p>\n<ul>\n<li>that he is the holder of a licence in the immediate vicinity of the new premises.<\/li>\n<li>that both are in the same District Court area.<\/li>\n<li>that neither the new nor the existing premises is in an urban area.<\/li>\n<li>that the ratebale valuation of the new premises is at least that of the old premises.<\/li>\n<li>that the new premises is more suitable for the business of selling intoxicating liquor.<\/li>\n<\/ul>\n<p>An application can be made in respect of a new premises or a proposed new premises.<\/p>\n<p>Notwithstanding the general prohibition on new licences, a certificate may be issued entitling the applicant to a new licence.\u00a0 Upon the grant of new licence, the old licence is extinguished.\u00a0 Convictions are carried from one licence to the other.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Vicinity\"><\/span>Vicinity<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>What is the immediate vicinity depends on the facts and circumstances of each case.\u00a0 A distance of several miles has been allowed exceptionally.The immediate vicinity does not necessarily mean the next premises.\u00a0 There is no precise test, and each case is considered in its own circumstances.<\/p>\n<p>It has been held that a couple of hundred yards are prospectively within the \u201cimmediate vicinity\u201d depending on the circumstances.\u00a0 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Destroyed_Premises\"><\/span>Destroyed Premises<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A premises may be licensed in the immediate vicinity of a premises which has been burned down or destroyed, provided that latter premises had been licensed within the previous two years and consent to the extinguishment of the licence for it is forthcoming.<\/p>\n<p>Where a person applies for a licence for a premises in the immediate vicinity where the \u00a0existing licensed premises have been burned down or otherwise destroyed or rendered uninhabitable by fire or other unavoidable cause or accident not more than three years before the application and licence attached at the date of such event, the applicant may apply for a certificate for a new licence in respect of substituted premises.\u00a0 The old licence is extinguished and any convictions are carried across.<\/p>\n<p>An applicant may make a prior application for a certificate that he will be entitled to receive a licence for the substituted premises.\u00a0 Objections may be considered on the basis of the character, misconduct, unfitness of the applicant, or the inconvenience of the substituted premises.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Demolished_by_Authority\"><\/span>Demolished by Authority<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.<br \/>\nThe licence granted as to be of the same type as that held in respect of the demolished premises.<\/p>\n<p>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.\u00a0 A person holding such licence may apply to the court for a certificate to receive a licence for the approved site.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Declaratory_Application\"><\/span>Declaratory Application<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a holder of a certificate proposes to construct a premises on an approved site, he may apply for declaration that the proposed premises would be fit and convenient\u00a0 under the above criteria.\u00a0 Objections will not be considered on the grounds of unfitness and inconvenience if they are built in a substantial conformity to the declaration.<\/p>\n<p>An application for a new licence may be made, where<\/p>\n<ul>\n<li>original premises are demolished not more than two years before the date of application.<\/li>\n<li>the licence was attached to the original premises when demolished,<\/li>\n<li>the new premises are lawfully occupied by the applicant, and<\/li>\n<li>they are located on the original site or in the immediate vicinity and<\/li>\n<li>the location of the new premises where they are, rather than on the original site is unlikely to have a material adverse effect on business carried on in any licensed premises in the neighbourhood and<\/li>\n<li>the applicant is occupier of the site and the remains of the original premises or has procured the consent of the occupier,<\/li>\n<li>then a new licence may be granted provided that the new premises is more suitable than the original premises.<\/li>\n<\/ul>\n<p>The application is subject to the same criteria\u2019s above, namely the character, conduct and fitness of the applicant or the premises. The new licence carries over any conditions and convictions which\u00a0 applied to the old licence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Fitness_and_Convenience\"><\/span>Fitness and Convenience<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are provisions for a declaration as to the fitness and convenience of a proposed licensed premises (or a registered club) . Fitness and convenience covers both suitability as a structure and also issues of nuisance, annoyance, and inconvenience to occupiers in the vicinity.\u00a0 The absence of facilities such as car parking is relevant. Where a declaration of suitability is granted, it remains in force for two years.<\/p>\n<p>There is a provision for a declaration of suitability of licensed premises for a restaurant certificate or limited restaurant certificate.\u00a0 It remains in force for two years.<\/p>\n<p>Where in the application it is shown that a declaration has been granted, and that the premises have been acquired, constructed, or altered in substantial compliance with the declaration, the court may not refuse the application on any grounds other than the character, misconduct, or unfitness of the applicant.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-2761\" data-postid=\"2761\" class=\"themify_builder_content themify_builder_content-2761 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>New Licences The Licensing (Ireland) Act 1902 capped the number of existing licences.\u00a0 All new licences granted thereafter are by way of exception to that general prohibition.\u00a0 The Act contained a number of exceptions in itself which have been gradually expanded over the last century. The\u00a0 previous licence must have been the same or more [&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\/2761"}],"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=2761"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2761\/revisions"}],"predecessor-version":[{"id":12767,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2761\/revisions\/12767"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2761"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2761"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2761"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}