Dáil Éireann Debate, Tuesday - 8 May 2012
310 Deputy Mattie McGrath asked the Minister for Justice and Equality the reason for the costs associated with applying for renewing a pub licence (details supplied) in County Tipperary; if there is any way of reducing these costs in order to assist those who are hoping to open a new business and provide employment; and if he will make a statement on the matter. [22915/12]
Amharc ar fhreagraThe Deputy will appreciate that I am not in a position to comment on a particular case in response to a Parliamentary Question. However, I can indicate the following by way of general information.
Under section 4 of the Courts (No. 2) Act 1986, as amended, renewal of a licence for the sale of intoxicating liquor for premises which have been licensed in the immediately preceding year is generally automatic, subject to compliance with tax clearance requirements and payment of the relevant renewal fee (excise duty) to the Revenue Commissioners. The renewal fee varies according to the annual turnover arising from the sale of intoxicating liquor of the licensed premises concerned and ranges from €250 where turnover is less than €190,500 to €3,805 where turnover exceeds €1.27 million.
Renewal of a licence is not, however, automatic where an objection to renewal has been lodged with the District Court on permitted grounds, e.g. the premises concerned have not been operated in a peaceable and orderly manner in the year ending on the expiry of the licence. In such cases, a District Court certificate must be presented to the Revenue Commissioners prior to renewal of the licence.
Under section 2 of the Licensing (Ireland) Act 1902, as amended, where premises were not licensed during the preceding year but had been licensed at any time during the previous five years, a new licence may be issued by the Revenue Commissioners on foot of a certificate granted by the Circuit Court in respect of such premises without the need to extinguish another licence. This section does not apply where the licence lapsed due to a breach of licensing law or was extinguished.
