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Bar Licence Question

  • 28-09-2011 6:04pm
    #1
    nellie07
    Registered Users, Registered Users 2 Posts: 438 ✭✭


    Hi there, I heard that if a premises has sold their licence that even if someone else bought that (bar) building that they cant use that business as a bar again even if they have a licence. Is this true does anyone know?

    Im just looking into this at at the moment as my current lease is up and Im considering my options.

    Many thanks


Comments

  • #2
    RATM
    Closed Accounts Posts: 3,591 ✭✭✭RATM


    I'm no expert on it but would be very surprised if that was true. If it was then anyone who bought a license and then a pub would need to convert a premises into a bar which sounds completely daft and unworkable from a financial point of view.


  • #3
    nellie07
    Registered Users, Registered Users 2 Posts: 438 ✭✭nellie07


    thats what I was thinking, thanks for the reply,


  • #4
    DubTony
    Registered Users, Registered Users 2 Posts: 3,267 ✭✭✭DubTony


    If a premises has had a licence, and the licence was sold, the law states that the premises can NEVER be licensed again ... EVER.

    This was the case in 2006.


  • #5
    The Apprentice
    Registered Users, Registered Users 2 Posts: 1,130 ✭✭✭The Apprentice


    Dubtony can you source this info on the license being sold ???

    Myself and a partner went looking into a bar in an established location over 2 years ago and the licence was sold. We asked the auctioneer about the licence issues and he stated that once you were within the 2 year window you could get a licence back onto the premises so to speak !! We assumed he was 100% right and never questioned it

    Im glad we didnt pursue it further.


  • #6
    Opinicus
    Closed Accounts Posts: 816 ✭✭✭Opinicus


    Our licensing laws are pretty archaic so that wouldn't surprise me in the least. There are various ways of getting a license for a new premises but I've never heard of anyone reopening a bar that sold its license.


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  • #7
    DubTony
    Registered Users, Registered Users 2 Posts: 3,267 ✭✭✭DubTony


    The Apprentice wrote: »
    Dubtony can you source this info on the license being sold ???

    Myself and a partner went looking into a bar in an established location over 2 years ago and the licence was sold. We asked the auctioneer about the licence issues and he stated that once you were within the 2 year window you could get a licence back onto the premises so to speak !! We assumed he was 100% right and never questioned it

    Im glad we didnt pursue it further.

    I got this info from Lorraine Compton of Compton Aylmer Solicitors. At the time she was Head of Retail and Leisure Sector Group at Matheson Ormsby Prentice and AFAIK she handled most of the large licence transfers for the supermarkets.
    The info she gave me was pretty much as I've phrased it above. It was a one minute phone call, and she didn't beat around the bush. But put simply - If it had a licence, and doesn't now, it's not getting another one. That was my understanding.


  • #8
    4MWD
    Banned (with Prison Access) Posts: 21 ✭4MWD


    As a licence holder who has read the relevant Acts a few years ago I can confirm that once a premises is de-licensed e.g to sell it for another premises, it can under current legislation NEVER be licensed again. This is an old law and it has been proposed to have it changed but has not been done so yet. If a licensed premises has let its licence lapse (not renewed) rather then have had it de-licensed, then it can go in to court and apply for a new licence for the premises. Hope that helps.


  • #9
    Bandara
    Registered Users, Registered Users 2 Posts: 3,282 ✭✭✭Bandara


    An off license can sell its license, get de-licensed and then apply again and get another if so desired.


  • #10
    AstonMartin
    Registered Users, Registered Users 2 Posts: 1,313 ✭✭✭AstonMartin


    what is a license valued at?

    what is the maximum term a new license can be issued for?


  • #11
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    AstonMartin wrote: »
    what is a license valued at?

    what is the maximum term a new license can be issued for?

    A few years ago licence was about 180k I believe they are down a bit now.

    Every licence must be renewed in September, but in reality a licence does not have a maximum term.

    Cassidy and McGrath wrote Licensing 1833 - 2008 an essential guide, also Liquor Licensing Law by McGrath is worth a read.


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  • #12
    caddy2
    Registered Users, Registered Users 2 Posts: 78 ✭✭caddy2


    i have also heard the 2 year rule of getting into a bar again but think it depends on what way the bar licence was left go originally, i would presume that their tax bill etc would have to have been settled with nothing outstanding.
    on a slightly different subject does anyone know what the deal is, if you have a 7 day licence and eg if you are asked to set up the bar at a privat house or community centre etc, is this possible once the main bar is closed and you are only operating out of one area at a time?? just wondering how the guys who set up a bar and sell alcohol at private parties operate?


  • #13
    4MWD
    Banned (with Prison Access) Posts: 21 ✭4MWD


    There is no problem setting up a bar in a private house if you are not selling drink to customers - in other words you are just serving it as a free bar and the host is paying you, but if you did want to sell it somewhere like in a community centre then a licence holder in the area can get a special Occasional Licence in Court and can operate BOTH their own premises and the temporary one while the Occasional licence is valid. I think it lasts for a max of 3 days and it must be for a special event in the area. Once there was no Garda or Fire objection there should be no problem.


  • #14
    RATM
    Closed Accounts Posts: 3,591 ✭✭✭RATM


    4MWD wrote: »
    There is no problem setting up a bar in a private house if you are not selling drink to customers - in other words you are just serving it as a free bar and the host is paying you, but if you did want to sell it somewhere like in a community centre then a licence holder in the area can get a special Occasional Licence in Court and can operate BOTH their own premises and the temporary one while the Occasional licence is valid. I think it lasts for a max of 3 days and it must be for a special event in the area. Once there was no Garda or Fire objection there should be no problem.

    Yeah I've heard of that one before - a pub in Laytown, Co.Meath applies for a special license every year in order to facilitate the licensing for the beer tent at the Laytown races on the beach.

    As for the topic- the law really is an ass in this case.


  • #15
    caddy2
    Registered Users, Registered Users 2 Posts: 78 ✭✭caddy2


    Cheers 4MWD, so im taking from what you said that you cannot sell alcohol at a persons house eg if you are asked to set up a bar then you cannot sell your own drink? you could only take money for your time there and the glass ware etc?
    but if the owner of the house wants to be reimbursed for the drink that he has bought, is there a need for a licence in order to sell the drink?
    im just wondering, as i heard there was a party lately where the drinks at a private function in someones house were €3 a drink, the owner of the house organised a company to come in and provide the bar, bring the taps, kegs etc. but was it then the owner of the house who got the money from the drinks? and is the company required to have a bar licence?


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