What will the new licensing laws mean for my pub?
There are currently over 100 laws on licensing, some of which are over 200 years old.
Dear Reader,
Yes, that is correct that laws in respect of licensing are potentially changing. The government has published the Sale of Alcohol Bill 2022, which has been approved by the cabinet. This is a voluminous document which is 440 pages long, so I'm not surprised you're finding it difficult to get through it all.
The reason for this is that the present laws on licensing have over 100 laws, some of which are over 200 years old, and many which pre-date the foundation of the State.
The purpose of the proposed legislation is to modernise the laws on licensing and consolidate and revise the existing legislation and laws.
This new legislation proposed many changes to the existing laws and will certainly potentially impact on your businesses. Rather than going into specifics as to how it may impact you, I will summarise some of the proposed changes, which are as follows:
- Regular trading hours will change to 10:30am to 12:30am seven days a week.
- The bill proposes making permanent the changes introduced during the pandemic to facilitate outdoor service
- Off-licence opening hours will be standardised across the week, and off-licences will have the option of opening from 10:30am to 10pm seven days a week. This is a change from the current position where these hours apply six hours a week, with Sunday sales only permitted from 12:30pm on Sunday.
- Licenses will continue to be granted only by the courts, with objections allowed from fire authorities, the HSE, an Garda Síochána, and local communities. Licensing application will be made in the District Court to make applications more accessible and cheaper. Previously depending on the nature of the application applications were also made in the Circuit Court. Online renewal will be possible where there are no objections
- The creation of new annual permits for late bars and nightclubs, to replace the current system where a Special Exemption Order is required every time such a venue wants to open after normal hours.
- Opening hours for late bars will remain at 2:30am and it is proposed nightclubs will have the option to remain open until 6am with the requirement that alcohol cannot be served after 5am, with dancing able to continue until closing time. Nightclubs and late-night bars must adhere to strict requirements for these permits and they will require court approval for such permits, with objections allowed from fire authorities, the HSE, An Garda Síochána and local communities. They will be required to have CCTV on the premises and have security staff properly accredited with the Private Security Authority. Nightclubs must also have 20 per cent of their floor allocated for dancing, and a live band or DJ must be playing.
- The Bill proposes an amendment to the so-called ‘extinguishment’ provision, whereby anyone seeking to open a new premises or an off-licence must first purchase a licence from an existing licence-holder in order to do so. However, this requirement will remain in place for off-licences.
- The Bill proposes to create a new “cultural amenity licence” for galleries, theatres, museums and other cultural venues This will operate where the sale of alcohol is not the main activity of the premises and is for events and these licenses will require court approval and will need to meet requirements of a licensed premises.
- The Bill proposes enforcement powers for the Gardai in respect of breaches of licensing laws.
Email: info@walshandpartners.ie
- While every effort is taken to ensure the accuracy of the information contained in this article, Walsh & Partners does not accept responsibility for errors or omissions howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.
