HOW TO GET A WINE OFF-LICENCE FOR YOUR SHOP

Issues Arising 

 

How long does the procedure take?

 If your planning is in order and you are ready to proceed it is usually possible to get into Court within five to six weeks of giving us instructions to proceed. There is no specific requirement for planning for a wine off-licence use but retail or shop use is required and your building must be fully compliant with the planning permission it was built under. In respect of available court dates, you need to bear in mind that some local District Courts sit infrequently and all Courts shut for holiday periods. The Gardai must be given 23 days notice of the Court application and the application itself must be advertised in a daily newspaper 23 days before the hearing date.

 

The Applicant

The applicant must be the person holding the lowest estate in the property, ie the person with the title to the property. This can be either leasehold or freehold title. If you hold the property under any other form of agreement you must discuss this as a matter of priority with us. The applicant can be an individual or a company. The applicant will be required to give evidence at the District Court application. The applicant must establish to Court’s satisfaction the following:

           

 

 

If the Applicant is a Company

If the applicant is a company, a director of the company will give evidence on the Company’s behalf. The following additional documents will be required for the licensing application:

 

 

 

If you want to establish a Company to hold the licence

Many people incorporate their business before licensing. Compton Aylmer provide advice in this regard.

 

 

The Building

It must be demonstrated to the Court that the premises are fit and convenient to be licensed and are suitable for the needs of persons residing in the neighbourhood. The premises must have the requisite planning permission to operate as a shop and must have been built and fitted out in compliance with that planning permission and have any necessary fire certificates as appropriate.

 

 

Title to the Premises

As stated above, the applicant for the licence must hold the title to the premises proposed to be licensed. In other words if you want to apply for a licence in your own name, you must also be the person whose name is on the title deeds, ie on the Lease or Conveyance of the premises.

 

If you have already acquired the property, you should obtain the following from the solicitor who carried out the purchase:

 

 

If you are buying a premises or taking a lease of premises it is a good idea to enter into a conditional contract for sale or agreement for lease, which would be conditional on you obtaining your licence from the District Court if wine sales would be very important in your turnover. If you need to organise a transfer of the title, for example from the name of an individual into a company’s name or to take a lease of the premises, Compton Aylmer can provide advice in this regard.

 

 

Planning

You will need to be able to show the District Court that the requisite planning permission for retail use attaches to your premises and that any conditions set down in that planning permission have been complied with. For a wine licence you must be able to demonstrate to the Court that wine sales are subsidiary to the business of the shop. Since the enactment of new Planning Regulations on 14 July 2005, if you intend to operate a full off-licence (ie sell beer, wine and spirits) in your premises, you must have a planning permission which specifically allows for off-licence use. A general retail planning permission is no longer sufficient. If you wish to apply for a full Spirit, Beer and Wine Retailer’s Off-Licence you will need to make a planning application for off-licence use, we can assist your architect in drafting the correct wording and submitting appropriate drawings for the application. If the wording is incorrect or the drawings are inappropriate, this can result in you having to reapply and causes significant delays. We can also assist your architect/engineer in preparing evidence of demand for an off-licence in the area, to be submitted with the planning application and which can be used again at your court application (see below).

 

 

Fire Safety Certificate

 You will also need to show the Court that a Fire Safety Certificate attaches to the premises and that any conditions set down in relation to fire safety been complied with. Copies of these documents will be required and your architect will have to give evidence in relation to them at the Court application. If you are putting in a new fit out it is more than likely that you will need a new fire safety certificate for your fit out. The architect will make this application on your behalf and he should be contacted at an early stage to make this application as there is an 8-week period after the application is lodged before a decision has to be given.

 

 

Architect

 You will need to have an architect involved in your project even if the shop is ready to trade. In particular he/she will be required to give evidence on planning and fire safety requirements and to prepare a booklet of licensing plans which have to be lodged with the Court and served on the relevant Gardai. Your architect will have to give evidence in Court to confirm that the premises are fit and suitable to be licensed. Your architect will also need to prepare a demand map showing the other off-licences in the area and if asked to do so by the Court will have to give evidence to show that there is demand in the area for another off-licence. It is essential that you check that your architect is willing to attend Court on your behalf. If not we can recommend a number of architects who have experience with licensed premises and giving evidence in Court. If you are using your own architect we will provide them with an instruction pack, which sets out in detail what we need from them for the licensing case.

 

 

Grounds for refusal of a wine licence

The District Court may refuse to give a person a certificate entitling him or her to receive a licence on the grounds of:

 

It should be noted that any premises holding a full off-licence is relevant when assessing demand as a full off-licence consists of three separate licences (ie a spirit retailer’s off-licence, a beer retailer’s off-licence and a wine retailer’s off-licence).

 

The District Court may impose a condition relating to the installation of a closed circuit TV system on the premises.

 

Objectors to the Licence

The Superintendent of the Garda Síochána for the area or any person who resides in the neighbourhood may object to the application.

 

Taking up your licence for the first time

If you are granted a Court Order for a wine licence you must then apply to the Revenue Commissioners for the actual licence. The applicant must also produce a current tax clearance certificate to the Revenue, a Certificate of Incorporation (if the applicant is a company) and a business name certificate confirming that the business name that the premises trades under is registered in the Companies’ Registration Office. You must lodge the Court Order with the Revenue Commissioners within one year after the Court Order issues and proceed to take up your licence. Otherwise, the Court Order lapses and a new Court application will be necessary. You may not trade until you have taken up the licence from Customs & Excise.

 

 

© Compton Aylmer 2009

 

The Information in this document is provided subject to the disclaimer contained on the Compton Aylmer website. The material is provided for information purposes only and does not constitute legal or any other advice.

 

For further information contact Lorraine Compton, email: lorraine@comptonaylmer.ie or tel: 01 234 2678.