Michael Healy-Rae
Question:698. Deputy Michael Healy-Rae asked the Minister for Justice if she will address a matter regarding the renewal of a licence (details supplied); and if she will make a statement on the matter. [12009/21]
View answerWednesday, 3 March 2021
Questions (698)
Written answers
Section 24 of the Courts (Supplemental Provisions) Act 1961 provides that the Circuit Court shall have jurisdiction in all cases of applications for new on-licences. Where an existing on-licence has lapsed during the preceding five years, this provision also applies to the grant of a new licence. This is a necessary part of the checks and balances in place for appropriate licensing for the sale of alcohol.
In cases where licences are not renewed with the Revenue Commissioners for over a year, it is open to an applicant to apply to court to restore it. I am advised that the Courts Service has no discretion in this matter. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge.
While I have overall responsibility for the licensing laws in my capacity as Minister for Justice, it would not be appropriate for me to intervene in, or comment on, a particular licensing case.
The Deputy will be aware of my intention to modernise the law relating to the sale, supply and consumption of alcohol on licensed premises by repealing the Licensing Acts 1833 to 2011, as well as the Registration of Clubs Acts 1904 to 2008, and replacing them with streamlined provisions more suited to modern conditions, including appropriate appeals provisions. This commitment is restated in the Justice Plan 2021, which I launched last week.
Complaints regarding legal practitioners can be made to the Legal Services Regulatory Authority (LSRA), which is the independent regulator for legal services providers. Further details are available on the LSRA website at: https://www.lsra.ie/for-consumers/making-a-complaint/.