Pub Licence

ormolu

Could anyone give me some information about liquor licences? My family once owned a pub and when they sold it, they didnt sell the licence with it, the new owners were trading for the past 17 years with no licence. Could we now sell the licence to them or would the licence even be in our name after this length of time?

EKRIUQ

You have to renew your licence every year or else it lapses, and you need a tax clearence certificate to do so, along with a cheque to revenue. Have you being doing that if not, you can't sell it!

ormolu

If you had a pub licence and you let your licence lapse, can someone elso use your licence without your permission or does this licence always remain mine?

EKRIUQ

A new licence is granted upon application to the courts provided the applicant is able to come within a statutory exception to the blanket ban on the granting of new licences. It is important to note that each such statutory exception involves the extinction of one or more existing licenses. These grounds are outlined below:


--the revival of a licence which has lapsed within five years;

--the alteration of an existing premises;

--the move to another premises in the immediate vicinity due to the expiry of a lease or destruction or compulsory purchase of the prior existing premises;

--the issue of a licence to a rural premises provided it is not situated within one mile of another licensed premises of the same character as one granted before the passage of the Intoxicating Liquor Act, 1960 (to come within this exception, the applicant must extinguish two existing licences); and

--an urban premises provided an increase in population of defined proportions has occurred in the relevant city or town.

Better check with your solicitor, but from the above if it's gone past 5 years it gone!

ormolu

Thank Namesco. Thats very helpful. Its hard to get information on the net when you dont know what to look for.

SIG

If the licence fee has been paid annually by the new owner, there is a chance of having some legal ownership. However if 5 years has elasped without payment, then you have lost it. Basicially you have 5 years of non payment before it is lost.