Dáil Éireann Debate, Tuesday - 3 February 2015
383. Deputy Brendan Griffin asked the Minister for Justice and Equality if a waiver will be considered in the case of a small retailer (details supplied) in County Kerry; and if she will make a statement on the matter. [4922/15]
View answerThe position is that while I have overall responsibility for the licensing laws in my capacity as Minister for Justice and Equality, it would not be appropriate for me to intervene in, or comment on, a particular licensing case.
The general position is that section 6 of the Intoxicating Liquor Act 2008 introduced a statutory requirement which prevents the Revenue Commissioners from issuing a new wine retailer's off-licence until the applicant has obtained a certificate from the District Court. The District Court may refuse to issue such a certificate in any particular case on grounds of the character, misconduct or unfitness of the applicant, the unfitness or inconvenience of the premises, the unsuitability of the premises for the needs of persons residing in the neighbourhood, or the adequacy of the existing number of licensed premises of the same character in the neighbourhood. Moreover, the Court may impose a condition on granting such a certificate in relation to the installation, use and operation of a CCTV system in respect of the premises. Matters relating to the rate of excise duty payable in respect of licences are the responsibility of the Minister for Finance and the Revenue Commissioners.
