Intoxicating Liquor Act, 2000

Upgrading of restricted licences.

19.—(1) In this section—

“relative” means a spouse, father, mother, sister, brother, aunt, uncle, grandfather or grandmother;

“restricted licence” means—

(a) a publican's licence which is not a full licence, or

(b) a beerhouse licence within the meaning of Part II of the Act of 1910.

(2) Notwithstanding anything contained in the Acts or this Act, the Revenue Commissioners shall, on application within one year after the commencement of this section by a person who holds a restricted licence in respect of any premises and subject to the conditions set out in subsection (4), issue to that person a full licence in respect of the premises.

(3) On the issue under subsection (2) of a full licence in respect of any premises, its restricted licence shall be extinguished.

(4) The conditions referred to in subsection (2) are that the person referred to in that subsection—

(a) pays £2,500 to the Revenue Commissioners,

(b) establishes to their satisfaction that—

(i) he or she held the restricted licence for the whole of the period of 5 years immediately preceding the commencement of this section, or

(ii) if not, he or she—

(I) inherited the premises,

(II) was given the premises by a relative,

(III) was a tenant of the premises, or

(IV) purchased the premises as a going concern,

within that period,

and

(c) undertakes—

(i) not to dispose of the premises as a licensed premises,

(ii) not to transfer the full licence, or

(iii) consent to its extinguishment,

for reward within the period of 5 years after the date of the first issue of the full licence.

(5) The sum payable under subsection (4)(a) is in addition to and not in substitution for any sum payable on the licence under section 43 of the Act of 1910.

(6) In the register kept by district court clerks of licences in respect of premises situated within their court area there shall be entered a statement, in relation to any licence issued under this section in respect of any such premises, to the effect that, subject to subsection (7), the premises may not be disposed of, or the full licence transferred, or consent given to its extinguishment, for reward within the period of 5 years after the date of the first issue of the full licence.

(7) Notwithstanding paragraph (c) of subsection (4), the District Court may waive or modify compliance with the undertaking mentioned in that paragraph if compliance with it would cause hardship to the licensee.