What is a Liquor Licensing Search?
In Ireland, the sale of alcohol is regulated, and requires that traders (e.g. pubs, restaurants, shops, and other venues) who engage in certain commercial activities that involve liquor are appropriately licensed, and moreover, adhere to the conditions and obligations of said authorisations.
Liquor licences are typically issued by the Revenue Commissioners (via the National Excise Licence Office), are excisable in nature, and as such attract duties upon their expiry and renewal on 30th September of each year.
Their means of renewal differs depending on the type of licenses being renewed. As mentioned, most renewals require application to the Revenue Commissioners, e.g. on-licences (which permit alcohol consumption on-site), and off-licences (which require alcohol to be taken off the premises for consumption elsewhere).
For other license types (e.g. In-transit, manufacturer’s, large venues, wholesale retail, etc.) one must apply by submission to the Annual Licensing Court.
Each District Court office maintains a register of liquor licenses, which includes details of all licenses for the sale of intoxicating liquors associated with premises within the court’s jurisdiction, as well as information on non-alcohol related licenses, renewals, transfers, exemptions, and other actions connected to these licenses.
It is against these registers that we conduct liquor licensing searches.
Why might a solicitor conduct a Liquor Licensing Search?
Beginning with the Licensing Act (Ireland) 1874, the rationale behind the multifarious iterations of licensing legislation up to the present day remain relatively unchanged. That is the ongoing maintenance of public order, the reduction of nuisance, and the protection of the public health.
As such, liquor license granting and regulation often requires the involvement of the Garda Siochana, the Courts, the Fire authorities and the Revenue Commissioners.
In our experience, liquor licensing searching typically tend to revolve around establishing all current licenses in association with a specific premises, and ownership of those licenses.
The characteristic reasons for seeking license and ownership details are varied and can include issues related to tort (such as slip, fall, or injury cases), commercial interests (such as purchasing a license), asset discovery (for debt recovery), or other evidentiary purposes related to public order, nuisance, and public health matters.
What would a liquor license search result show me?
For the purpose of this explainer, on-licences will be our focus of attention as these tend to be also full licences wherein any type of alcohol may be sold during all permitted opening hours, i.e. pub and hotels.
Results on the header page will usually provide details of the Issuing Court, the Courts license number, the associated Revenue License number, and the License type. In the body of the result will find license issue date, license expiry date, licensee name and address, nominees name, trading name, and detail about any certificates.
On the ensuing pages information will be provide on current owner and address, convictions/ endorsements/ forfeitures, and any special exemptions.
Depending on the results of a liquor licensing search, the following license types may also show up in conjunction with a premises or place: –
An occasional license which allows a current on-licence holder to sell alcohol at a special event (festival, market, etc) from a location outside of that permitted on their usual licensed premises.
A public dancing license that allows a venue (with a pub licence (seven day ordinary on-licence) or a hotel licence) to host a public dance or other forms of entertainment, but it does not permit the sale of alcohol.
A Public Music and Singing Licence which is required when a place or premises (irrespective of whether alcohol can be sold under license or not) is used for the public performance of music, singing and/ or other entertainment forms*.
Restaurant Certificates for those premises deemed to be a “restaurant” under the Acts, allow alcohol to be served beyond the usual licensed hours if warm food is served. (Note premises must be legally “attached” to an existing (and current) licence)
Lastly, and as an aside, because many licensed clubs could have some of the benefits of a licensed premises, they too have to be licensed to sell alcohol. As such we are sometimes asked to determine if a club is on the Register of Clubs.
The register shows details of the name of the clubs in the court area; details of the date of granting of and/or renewal of the certificate of registration; the address of the club; the names and addresses of the committee and officials of the club and so forth.
All of the above license types when being registered or renewed should appear on the records of the District Court registers.
How would a solicitor request a liquor license search?
Ideally requests would contain the license number or the Revenue license number for ease of identification. However, failing that we would require as many of the following details as possible: – Licensee or Club name, Premises Address, Premises Postcode, Trading or Club Premises Name, Premises County.
Sometimes, as a last resort, we may also seek the owners name and address (if known) should the above be proving difficult to pin-point. This can be down to a franchisee status or poor detail on the registers.
* Note: Where a Dance Licence is obtained, one does not have to apply for a Public Music and Singing Licence as this forms part of the Dance Licence.
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