Drinks law to create licence barrier

Parts of the Government's proposed new drinks laws could create a regulatory barrier to those seeking to buy pubs and other licensed premises, according to a leading authority.

According to licensing law specialist Joe Kelly, a solicitor with Dublin firm A&L Goodbody, a change proposed by the draft legislation means that anyone who buys a pub will have to immediately apply for the licence.

Under the law as it stands, the licence is temporarily transferred to the new owner. That is then confirmed at the next annual licensing court in September.

However, the draft changes do not allow the licence to transfer temporarily.

Instead the new owner will have to apply to the District Court for a licence in their own right.

As they have to advertise this four weeks in advance of making the application, the buyer will effectively have to apply for the licence a month before taking ownership.

Along with the Garda's right to object, local authorities will be allowed to pass resolutions that will determine whether licences can be granted and attach conditions to their operation, Mr Kelly said.

Also, health authorities and local people will be allowed to give evidence at licensing hearings. This could increase the risk of the application failing.

Mr Kelly said at the weekend that the requirement for a new owner to apply for a licence means that they run the risk of have the application objected and being turned down.

"That means that you could find yourself having bought a pub but then you do not get your licence," he said.

He added that Minister for Justice Michael McDowell has indicated that it could be possible for those buying pubs to apply while still at an early stage in the sale.

Mr Kelly, who has written a paper on the proposals, also pointed out that anyone seeking the new café bar licences, intended to replace the current wine licence, will have to apply to the court, which they are currently not required to do.

Mr McDowell has sought submissions from the trade and other interested parties by the end of May.