Billy Timmins
Question:149 Mr. Timmins asked the Minister for Finance the position of the case of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [5340/05]
View answerWednesday, 16 February 2005
Questions (107)
Written answers
While I have no direct function in the issuing of publican licences, I have been informed by the Revenue Commissioners that a publican ordinary licence was issued to the person concerned on 25 November 2002. This licence expired on 30 September 2003. Under legislation, publican ordinary licences expire annually on 30 September. Although the person was issued a renewal notice, and three reminders including one verbal reminder before the end of the licensing year 2003-04, the person concerned did not submit an application for the renewal of the licence for that year. This being the case, the licence was deemed to have lapsed and a new licence is required to issue.
The Revenue Commissioners are precluded from issuing a new licence without the benefit of a court certificate in such instances. Section 24 of the Courts (Supplementary Provisions) Act 1961, confers jurisdiction on the Circuit Court in all applications for a new licence. A new licence cannot issue to an applicant until the County Registrar's certificate is received by the Revenue Commissioners. The Revenue Commissioners received applications from the person concerned on 30 November 2004 and 28 January 2005 for the issue of a licence for the year commencing, 1 October 2004. Both of these applications were returned to the person concerned requesting a County Registrar's certificate.