Licensing

The relevant Irish legislation relating to the serving of alcohol in licensed premises, the buying of alcoholic drinks in off-licences and drinking alcohol in public places is the Intoxicating Liquor Act 2008, Intoxicating Liquor Act 2003, Intoxicating Liquor Act 2000, the Licensing Act, 1872 and the Criminal Justice (Public Order) Act 1994.

Throughout Ireland, the sale of alcohol is restricted—pubs, restaurants, shops and other premises must hold the relevant license. The individual responsible for the premises must also hold a personal licence. Premises licences, in as far as they concern the sale of alcohol, can be categorized to include on-licences (allowing consumption of alcohol on the premises) and off-licences (alcohol must be removed from the vendor’s premises and drunk elsewhere).

The age at which people are legally allowed to purchase alcohol is 18 in most circumstances. If an adult buys alcohol on behalf of a person under 18 in a pub or from an off-licence, he can be prosecuted along with the vendor.

Brief summary of licensing business;

  • licensing matters as they relate to intoxicating liquor licences (objections to and transfer of); (Off Licences (beer wine and spirits), Wine Retailers Off-Licence, Wine Retailers On-Licence, Special Exemption Orders (Late night extensions), Occasional Licences
  • restaurant certificates;
  • club registrations;
  • public dance licences;
  • public music and singing licences;
  • auctioneers licences / certificate of qualification;
  • exemption orders and such like.

Each year in September the annual licensing court takes place.

Some of the matters dealt with are:

  • renewal of restaurant certificates
  • renewal of club registrations
  • renewal of annual public dance licences
  • renewal of public music and singing licences
  • objections to the renewal of liquor licences
  • transfers of liquor licences

Register of licenses

A register of licenses is kept in each District Court office containing ‘particulars of all licences for the sale of intoxicating liquors existing in respect of premises within the court area and of all renewals, transfers and other proceedings affecting the said licences’. The register also contains details of convictions and other matters relating to the licences. In addition to this, the register contains particulars of off-licences (beer and spirit) and wholesale beer dealers licences.

Any person is permitted to inspect this register on payment of the relevant fee.

Register of clubs

A register of clubs is also kept containing details of the name of the clubs in the in the court area; details of the date of granting of and renewal of the certificate of registration; the address of the club; the names and addresses of the committee and officials of the club.

Any person is permitted to inspect this register and a copy of the club rules on payment of the relevant fee.

Orders which must be submitted to the District Court office (or in Dublin – the District Licensing Office) for signing by the judge are as follows;

  • wine off-licence – certificates
  • spirit, beer and wine off-licence – certificates
  • wholesale beer dealers licence – certificate
  • orders to amend the licensing register
  • certificates of revival – orders made under section 30 Intoxicating Liquor Act 1960
  • lottery / bingo licences.

We can advise you further in many areas relating to the licensed trade as follows:

  • Purchase and Sale of licensed premises
  • Taking or Granting a Lease of licensed premises
  • Planning matters
  • Fire Officer Requirements
  • Transfer of licenses
  • Renewal of licenses
  • Applications for new licenses
  • Revival of Lapsed licenses
  • Bar Extensions and Special exemptions
  • Early morning or General exemption licenses
  • Endorsements

Our office specialises in all such applications and if you require advice, direction and representation concerning any aspect of Licensing Law you are welcome to contact us by phone to make further enquiries.