Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Replacing a Licence on a FORMER Licenced Premises

  • 01-11-2017 9:47am
    #1
    Chevy RV
    Registered Users, Registered Users 2 Posts: 467 ✭✭


    Hello Everybody,

    My question is fairly simple i think and i would appreciate any of your constructive answers or advice.

    Can you transfer a new clean pub licence onto a building that WAS a pub before it closed down and sold its licence a number of years back? Before you ask the obvious WHY question, i would hope to operate the said premises as an OFF LICENCE only .

    Your thoughts please.

    Regards,


    Chevy RV


Comments

  • #2
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #3
    L1011
    Registered Users, Registered Users 2 Posts: 71,160 ✭✭✭✭L1011


    Fred Swanson wrote: »
    This post has been deleted.

    Not since about 2000 and even then that was only if you couldn't get a single licence in the same area.

    I've repeatedly heard about it being impossible to re-licence after extinguishment but I couldn't find the actual legislation to back it up when digging.

    Also there's been a few cases of two pubs beside each other shedding a licence and the entire premises coming under one (Doyles on College Green for instance) which does mean that the extinguished part comes under another licence - which surely would have the same problem?


  • #4
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,545 ✭✭✭Claw Hammer


    Chevy RV wrote: »
    Hello Everybody,

    My question is fairly simple i think and i would appreciate any of your constructive answers or advice.

    Can you transfer a new clean pub licence onto a building that WAS a pub before it closed down and sold its licence a number of years back? Before you ask the obvious WHY question, i would hope to operate the said premises as an OFF LICENCE only .

    Your thoughts please.

    Regards,


    Chevy RV

    A lot depends on how long it is since there was a licence on the premises. If it's less than five years, it is much easier.


  • #5
    L1011
    Registered Users, Registered Users 2 Posts: 71,160 ✭✭✭✭L1011


    Claw Hammer wrote: »
    A lot depends on how long it is since there was a licence on the premises. If it's less than five years, it is much easier.

    The five years is for reactivating a licence that has lapsed - the licence has been transferred out in this case.


  • #6
    Chevy RV
    Registered Users, Registered Users 2 Posts: 467 ✭✭Chevy RV


    Hello All,

    Thanks for the replies.

    Some conflicting opinions on the issue of transferring a licence back onto the formerly licenced pub!!!

    Could anyone recommend a legal firm / consultant in this area who may be able to advise?

    Regards,


    Chevy RV


  • Advertisement
  • #7
    Bigus
    Registered Users, Registered Users 2 Posts: 4,946 ✭✭✭Bigus


    It's a very very specialised area, drop into the licensing court and mooch around for the busy lawyers.
    Licensing court has set weekly sittings, used to be on Brunswick street


  • #8
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,545 ✭✭✭Claw Hammer


    Bigus wrote: »
    It's a very very specialised area, drop into the licensing court and mooch around for the busy lawyers.
    Licensing court has set weekly sittings, used to be on Brunswick street

    Brunswick Street Courthouse closed 7 years ago. In Dublin it is now court 23. There are solicitors who do a lot of licensing. Court 23 in the Four Courts on a Wednesday morning is where they cam mostly be found.


  • #9
    Chevy RV
    Registered Users, Registered Users 2 Posts: 467 ✭✭Chevy RV


    Hello All,

    Thanks for your help but as i am based in Tipperary and working Full Time at the minute, i don't have much time to be stalking court 23 in Dublin:D

    A name or reference would be really useful.


    Regards,


    Chevy RV


  • #10
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #11
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Chevy RV wrote: »
    Hello All,

    Thanks for your help but as i am based in Tipperary and working Full Time at the minute, i don't have much time to be stalking court 23 in Dublin:D

    A name or reference would be really useful.


    Regards,


    Chevy RV


    Mod

    Sorry, solicitor recommendations not allowed on this forum.

    It is a specialised area.

    Apart from having a solicitor who knows the ropes, you will need an experienced barrister and an engineer or architect used to preparing plans for licensing applications. There also may be planning issues.


  • Advertisement
  • #12
    Losty Dublin
    Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    If you want to run a place that solely sells alcohol on an off sales basis then the time, money and stress involved with obtaining an on-licence may well be a waste of your money The below links should shed more light on what you will generally need.

    https://www.revenue.ie/en/companies-and-charities/excise-and-licences/excise-licensing/retailers-licence/first-application-for-a-retailers-off-licence.aspx

    https://www.revenue.ie/en/companies-and-charities/excise-and-licences/excise-licensing/publicans-licences/index.aspx


  • #13
    Chevy RV
    Registered Users, Registered Users 2 Posts: 467 ✭✭Chevy RV


    Hello All,

    Don't you still need a licence to start off with though?

    Regards,


    Chevy RV


  • #14
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Hi there

    Fitstly Licencing is old, and vast and complicated.

    It needs a radical overhaul but as it is its a bit of a closed shop and we have too many publican TDs to allow it to be an open market.

    A licence doesnt run with the premises. It runs with the occupier. That's why Garda Vetting etc is required. If the premises had a licence the first step is to see if it was transferred or if it was simply extinguished.

    A licence is valuable and was more likely transferred. Secondly you will need to either transfer in a licence from elsewhere or make an application from scratch. From scratch is very expensive and time consuming.

    I've colleagues in the area and have done a little myself but I cannot give recommendations on here.


  • #15
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    Chevy RV wrote: »
    Hello Everybody,

    My question is fairly simple i think and i would appreciate any of your constructive answers or advice.

    Can you transfer a new clean pub licence onto a building that WAS a pub before it closed down and sold its licence a number of years back? Before you ask the obvious WHY question, i would hope to operate the said premises as an OFF LICENCE only .

    Your thoughts please.

    Regards,


    Chevy RV

    I believe it is not possible. I know of a building in Cork where this was tried and it was not possible.

    But there may be a work around, if the building is not the same as in it is demolished and rebuilt but not the same building.

    To get a real answer you will need to engage one of the two SC experts in the area I know that both have had this issue crop up.


  • #16
    Chevy RV
    Registered Users, Registered Users 2 Posts: 467 ✭✭Chevy RV


    Thanks Mr Incognito & Really Interested

    Could you please supply me with some contact details of the SC and experienced people you refer to ?

    I would be most appreciative.

    Regards,


    Chevy RV


  • #17
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    Chevy RV wrote: »
    Thanks Mr Incognito & Really Interested

    Could you please supply me with some contact details of the SC and experienced people you refer to ?

    I would be most appreciative.

    Regards,



    Chevy RV

    You will need to instruct a solicitor who will instruct barrister to do an opinion. If your solicitor does not know who, both SC’s have written the main texts on this issue.


Advertisement