Pub licence on a derelict property?

Spins

If a regular 7 day pub licence has not been extinguished on a property but also it has not been renewed for a number of years, can it be
(a) renewed even though the property is not operational and approaching dereliction?
and
(b) extinguished and sold on to someone looking for a licence?

I was on to Revenue Excises & Licencing and other than advising me that I would require a S36 confirmation that the licence had been valid within the last five years, I would then have to apply to the Courts in accordance with standard practice. However, the helpful lady was unable to confirm the answers to my question (a) and (b) above. She suggested that it might be an area where legal advice / opinion might be required.

Anyway, any advice would be greatly appreciated.

hullaballoo

Have you read the forum charter?

Spins

Sorry, no, will do it now.
Apologies if I did something wrong

Victor

I was under the impression that (certain?) licences need to be in active use - i.e. at least once a year.

There is market for licences anyway and under certain circumstances, new licences can be created - no need to buy a derelict building also.

There are a small few solicitor firms specialising in the licensing area.

Labarbapostiza

Victor wrote: »

I was under the impression that (certain?) licences need to be in active use - i.e. at least once a year.

That used to be the case. I know of pubs where one day a year they would open and serve drinks, just to keep the licence active.

I believe Ireland once had the greatest number of pubs per capita in the world. There were initiatives to reduce the number.

There is market for licences anyway and under certain circumstances, new licences can be created - no need to buy a derelict building also.

I believe it makes a difference in getting a licence, if you intend to redevelop the derelict site into a pub, etc, if the site had a licence in the past. For a brand new licence for a new site, I believe you have to buy two licences from old sites.

Spins

Victor wrote: »

I was under the impression that (certain?) licences need to be in active use - i.e. at least once a year.

I think it's once the premises was licensed within the last 5 years you can apply to the Court for a revival (not a renewal as the licence has expired)

Labarbapostiza wrote: »

For a brand new licence for a new site, I believe you have to buy two licences from old sites.

Really? You need two old licences for every one new licence?

coylemj

Spins wrote: »

Really? You need two old licences for every one new licence?

It used to be the case (may still be) that if you wanted to open a new pub in a town that you could buy two licences from another part of the country (typically from rural pubs), extinguish them and you could get a new licence, provided you weren't building too close to any existing pubs who could legitimately object.

Other than in rapidly expanding towns though there was almost always someone who would object.

It was also the case that publicans who had sold their premises to supermarkets and the like (i.e. as a vacant unlicensed premises) managed to hold on to what became known as 'pocket licences' by renewing them every year with the intention of selling them when the price was right but about 30 years ago the vintners' association started a policy of objecting to their renewal.