Leisure and Licensing Law

Buckley and Company Solicitors guide our clients through every aspect of the

Licensing law

, helping you to choose the most appropriate license application for your business. We have a long, successful history of advising and acting on behalf of our clients in all aspects of Licensing Law, from the application stage through to license renewals or transfers.

Licensing Law applies to several businesses, including hotel and restaurants, horse and dog racing, one-off sporting entertainment events, off-license sale of alcohol, entertainment (music and performance license), cinemas, sports venues, and public houses.

Examples of Licensing Practices

• Applying for new licenses.
• Purchase, lease or sale of licensed premises, such as public house, hotel, restaurant.
• Performance (Music and Singing Licenses and Public Dancing Licenses).
• Renewal of lapsed licenses.
• Bar extension licenses and early morning licenses.
• Gaming and Lottery Licenses.
• Bingo Licenses.
• Special Exemption Licenses and General Exemption Licences.
• Transfer of licenses and license history.

*This list serves as a set of guidelines on licensing, and is not exhaustive.

Some of the More Common Licenses Explained

Special Exemption License – this entitles the license-holder to sell alcohol outside of normal licensed hours, for occasional special events. Such an event is defined as:

1. An occasion where food is served to a party of people either at a private function or as part of a special public occasion, such as a birthday party or a televised sporting event.
2. A dance in a venue that holds a Public Dancing License. Such an event does not require that food be served.

The District Court processes applications for Special Exemption Licenses from a minimum of one week in advance of the occasion, and permits the sale of alcohol until 2.30am.

Music and Singing License

– this should be renewed on a yearly basis, where the venue already has a Music and Singing License in place. If you need to apply for a new license, Buckley and Co. Solicitors will liaise with the Gardaí, represent you at court, and undertake the application paperwork on your behalf.

Public Dancing License

– we can either make a new application for a Public Dancing License on your behalf, or renew it annually through the District Court.

A General Exemption License

is granted to an increasingly select group of traders, permitting the sale of alcohol much earlier in the morning. Historically, it was developed to benefit shift workers such as nurses, prison wardens and factory employees. The granting of these licenses is now waning considerably, and it is imperative that they are renewed on time every year, as they cannot be renewed once they have passed their lapse date.

Auctioneers Licensing

– anyone who wishes to trade as an auctioneer is required to obtain a license. Buckley and Company Solicitors will draft and process all of the relevant paperwork, advertise your application, and attend the Court on your behalf.

Please contact us for more in-depth information on any of the above, or for advice about

Lottery

,

Bingo

and

Gaming Licensing.

Applying for New or Renewal Licenses

Buckley and Company Solicitors will guide our client through the application process, which will need to be considered either by a District Court or a Circuit Court. If you choose to remain with us, we will continue to represent you when your license is due for renewal.

Generally, and according to standard practice, the District Court grants new and renewal license applications for:

• Restaurant Certificates
• Auctioneers Licenses
• Late night Licenses (Special Exemption Orders)
• Dance Licenses
• Public Music and Singing Licenses
• Limited Restaurant Certificates
• Gaming and Lottery Licenses
• Bingo Licenses
• Occasional Licenses

Applications are made to the Circuit Court for new licenses that are required for hotels, public houses and off licenses. These adhere to various terms, depending on whether the premises has been newly constructed, or is already in existence but making alterations to its trading services. For further information, please contact us or make an appointment to come in for an explanation of your options and requirements.

Other Licensing Practices

Revivals of Lapsed Licenses

– Buckley and Company Solicitors can act on your behalf to revive a license that has lapsed for reasons such as the business having ceased trading for a period of time. This can involve obtaining a Court Order through the Circuit Court for a Revival Application.

Transfer of Licenses

– a Transfer of License must be obtained where there is a change of ownership of the existing license to trade as a public house, an off-license or a hotel. The new owner is granted a temporary license to trade, which is valid until s/he applies to the Annual Licensing Court for a Confirmation Order.

Buckley and Company Solicitors will advise on each stage of this process, including deadlines, submission of paperwork, and representation at Court.