I propose to take Questions Nos. 118, 119, 120, 121 and 122 together.
Issuing of a licence, following submission of a certificate of transfer to Revenue, is usually a quick process but can be delayed where further information is required from the court. There is no expiry date specified in current legislation for the certificate of transfer.
An ad-interim transfer (temporary transfer) of the licence, endorsed by the courts, allows a new trader to operate on the existing licence until the annual licensing courts, which take place in September. The new trader must then make an application to the September licensing court to transfer the licence into their own name. Once the certificate of transfer/confirmation of transfer is issued by the court, the role of Revenue is limited to requesting the statutory additional proofs from the named applicant and issuing the licence. Revenue operates under court instruction and are not in a position to comment on how long it is legal for a premises to trade on a certificate of transfer in circumstances where the certificate of transfer and associated trader are still the subject of court proceedings after the certificate has been submitted to Revenue and also where this period exceeds the twelve-month period specified in legislation.
A licence is considered lapsed where it is not renewed by the licence holder during the term of the licensing period 1 October to 30 September. In cases where Revenue receives a court certificate transferring the licence to a new licensee, the licence of the previous licensee is not considered as lapsed. Once the new licensee takes out their licence, it would be deemed lapsed if it was not renewed during the following licensing period.
I am advised by Revenue that the functions relating to the licensing of publicans are divided between the courts and Revenue under the Intoxicating Liquor Acts. Where a person is applying for the transfer of an existing licence the applicant must obtain a Certificate of Transfer from the court before the Revenue Commissioners can issue a licence. Once a Certificate of Transfer is issued by the court, the role of Revenue is limited to requesting the statutory additional proofs from the named applicant and issuing the licence where these are provided by the applicant and the relevant fee is paid. Current legislation, Section 39 of the Intoxicating Liquor Act, 2000 provides that a certificate of transfer of the Circuit Court or of the District Court entitling the named person to a licence shall not be acted on by Revenue unless the certificate is presented to them within twelve months of the date on which it was issued by the court.
