Intoxicating Liquor Act, 2000 - PN 1881
Changes to Certain Licensing Provisions
(Note :- This notice does not purport to be a legal interpretation of the Intoxicating Liquor Act 2000 nor of any other Act.)
|Section Number||Section Title|
|Section 18||New Licence in Substitution for Extinguished Licence|
|Section 19||Conversion of Six-Day and Other Restricted Licences to Seven- Day Full Licences|
|Section 20||Conversion of Pre-1960 Hotel Licences
|Section 26||Sale of Beer in Restaurant under Wine 'On' Licence|
|Section 27||Removal of Requirement for a Bord Fáilte Certificate in order to obtain a Special Restaurant Licence|
|Section 28||a. Extension of the Licensing Renewal Provisions of Section 4 of
the Courts (No. 2) Act 1986 to Wine Retailer 'Off' Licences
b. Removal of Requirement for a Statutory Declaration of Rateable Valuation for Renewal of certain Beer Licences
|Section 34||Abolition of Licence Registration Fee|
|Section 35||Removal of 'Six Months Rule' in Definition of New Licence|
|Section 36||Extension of Scope for Granting a Wine 'Off' Licence|
|Section 38||a. Requirement for Certificate of Incorporation
b. Requirement for Certificate of Registration of Business Name
|Section 39||Time Limit on the Production of Court Certificates|
The Intoxicating Liquor Act 2000, except for Sections 15, 17 and 27, came into force on 6 July 2000. Section 27 will come into force on 2 October 2000. The Act provides, inter alia, for changes to licensing procedures as follows:-
Section 18 - New Licence in Substitution for Extinguished Licence
This section changes the manner in which a licence may be acquired for a premises never before licensed by introducing a uniform treatment of the application for a new licence between rural and urban areas. Subject to certain conditions, a new licence may be issued anywhere in the State in substitution for just one existing licence.
This section also provides that any conviction standing recorded on an existing licence under Section 25 of the Intoxicating Liquor Act 1927 shall be deemed to be recorded on the new licence.
Section 19 - Conversion of Restricted Licences to Full Licences
This section provides that the Revenue Commissioners shall, on application within one year of 6 July 2000, grant a full publican’s licence in substitution for a restricted six-day and/or early closing publican’s licence or a beer retailer ‘on’ licence held by the applicant in respect of the same premises.
It should be specially noted that the applicant
- must be the holder of the current restricted licence on the date of application,
- must have held that licence for the whole of the five year period from 6 July 1995 to 5 July 2000 (both dates inclusive) or
- if not, s/he must
- have inherited the premises,
- have been given the premises by a relative,
- have been a tenant of the premises, or
- have purchased the premises as a going concern within the said five year period,
- pay £2,500 to the Revenue Commissioners, and
- must undertake
- not to dispose of the premises as a licensed premises,
- not to transfer the licence, or
- not to consent to its extinguishment for reward within the period of 5 years after the date of first issue of the licence as a full licence.
The District Court may waive or modify the undertakings at (d) above.
The form shown at Appendix 1 is to be used when applying, under this section of the Act, for the replacement of a restricted licence with a full licence. Where a restricted licence is the subject of ad-interim transfer/s, the details of the upgrade will be recorded on the reverse side of the existing licence pending confirmation of the transfer by the licencing Court.
Section 20 - Conversion of Pre-1960 Hotel Licences
Section 20(2) - Conversion to Public Bar in Hotel Licence
Subject to a court order granted under section 20(2) being produced to the Revenue Commissioners within one year of such granting, premises currently licensed as a restricted hotel licence may now operate a public bar while continuing to operate as a hotel and licences will be renewed accordingly.
Section 20(3) - Conversion to Full Publican’s Licence
Subject to a court order granted under section 20(3) being produced to the Revenue Commissioners within one year of such granting, the relevant licence will be renewed as a full publican’s licence, subject to the following conditions:-
- payment of £2,500; and
- provision of a written undertaking by the licensee
- not to dispose of the premises as a licensed premises,
- not to transfer the licence, or
- not to consent to its extinguishment
for reward within the period of 5 years after the date of first issue of the licence as a full licence.
The District Court may waive or modify the undertakings at (b) above.
The form shown at Appendix 2 is to be used as a renewal application under this subsection.
Section 26 - Sale of Beer in Restaurant under Wine 'On' Licence
Section 26 permits the sale of beer under a wine ‘on’ licence in a restaurant which does not contain a bar and in respect of which a Restaurant Certificate has been granted under section 12(1A) of the Intoxicating Liquor Act 1927 provided such beer is consumed at the same time as and with a meal and is paid for at the same time as the meal is paid for.
Section 27 - Bord Fáilte Certificate not required to obtain a Special Restaurant Licence
Section 27, which comes into operation on 2 October 2000, provides for a number of changes in respect of special restaurant licences. The section removes the requirement for production of a Bord Fáilte Certificate in order to obtain or renew a special restaurant licence.
Section 28 -
- Extension of the Licensing Renewal Provisions of Section 4 of the Courts (No. 2) Act 1986 to Wine Retailer ‘Off’ Licences
- Removal of Requirement for a Statutory Declaration of Rateable Valuation for Renewal of certain Beer Licences
The provisions of section 4 of the Courts (No. 2) Act 1986 which deal with renewals of intoxicating liquor licences without court certificates now apply to wine retailer 'off' licences. A District Court Certificate is not required in order to renew a wine retailer’s 'off' licence unless a notice of objection to such renewal has been lodged with the Court within the time prescribed in rules of court.
A statutory declaration concerning rateable valuation and exclusive occupation is no longer required in respect of a renewal of a beer dealer’s licence or beer retailer’s 'off' licence.
Section 34 - Abolition of Licence Registration Fee
Section 34 abolishes the £0.12 registration fee for certain licences.
Section 35 - Removal of 'Six Months Rule' in Definition of New Licence
Section 35 has amended the definition of "new licence", "new excise licence"and "new wholesale beer dealer’s licence" as set out in Section 37 of the Licensing Act (Ireland) 1874. Section 37, as amended, now reads:-
"New license", "new excise license" and "new wholesale beer dealer’s licence" shall mean respectively a licence, excise licence, and wholesale beer dealer’s licence granted in respect of premises in respect of which a similar licence has not theretofore been granted.
The effect of this amendment is that the time limits on the granting of renewal of intoxicating liquor licences without court certificates are now governed by Section 4 of the Courts (No 2) Act 1986 and by Section 1 of the Licensing (Ireland) Act 1833. These Acts provide that where a renewal of a licence is required for premises which have been licensed in the immediately preceding year, it shall not normally be necessary to produce a certificate of the District Court to an officer of the Revenue Commissioners empowered to grant a renewal of such licence. The exceptions are set out in the 1986 Act.
Section 36 - Extension of Scope for Granting a Wine 'Off' Licence
Section 36 deleted two subsections of two separate Acts:-
- The deletion of Section 61 of the Intoxicating Liquor Act 1927 removes the prohibition imposed on the Revenue Commissioners from granting a wine retailer’s 'off' licence to any person who is not carrying on the business of chemist and druggist, pharmaceutical chemist or registered druggist or a person who is the holder of a spirit retailer’s 'off' licence or a beer retailer’s 'off' licence.
- The deletion of section 28(1) of the Intoxicating Liquor Act 1962 removes the prohibition imposed on the Revenue Commissioners from granting a wine retailer’s 'off' licence in respect of any premises other than a premises where the business of chemist and druggist, pharmaceutical chemist or registered druggist is carried on or in respect of which a spirit retailer’s 'off' licence or a beer retailer’s 'off' licence is in force.
The net effect is that a wine retailer’s 'off' licence may now be granted by the Revenue Commissioners without restriction.
Section 38 -
- Requirement for Certificate of Incorporation
- Requirement for Certificate of Registration of Business Name
(a) Section 38(a) of the Act provides that an application for a licence, renewal of a licence or transfer of a licence by or on behalf of a limited company shall not be granted unless accompanied by a certificate of incorporation certified by the registrar and dated not earlier than four weeks before the application for the licence, the renewal of the licence or the transfer of the licence.
(b) The effect of Section 38(b) is to require a licensee who is carrying on business under a name that is not that of the beneficial owner of the business to produce a copy of a certificate of registration of that business name bearing an original certification in accordance with Section 16(1)(b) of the Business Names Act 1963. The one certificate will suffice in instances where application is made in respect of a number of premises in the name of the same licensee where all the premises concerned are operating under the same business name.
Section 39 - Time Limit on the Production of Court Certificates
Section 39 provides that a certificate of the Circuit Court or of the District Court entitling the named person to a licence shall not be acted on by the Revenue Commissioners unless the certificate is presented to them within twelve months of the date on which it was issued by the Court. This section applies to any court certificate presented on or after 6 July 2000.
Court certificates will be accepted only after all other pre-requisites for the issue of the licence concerned have been presented to the Revenue Commissioners.
Issued by the Office of the Revenue Commissioners