Licensing Law

AMOSS is one of the few experienced licensing law firms in Ireland acting for publicans, hoteliers, restaurant owners, nightclub operators, off-licence operators and major supermarket retailers. Licensing law is divided into a variety of different and sometimes unusual areas but Real Estate Partner Alan Adams has project managed the licensing process for many new supermarkets, hotels, public houses, restaurants, nightclubs and other clients.

Public Houses and Hotels

We provide advices on the various issues arising for any pub or hotel in maintaining its status as a licensed premises. These include compliance with the Tourist Traffic Acts and obtaining registration with Bord Failte and dealing with the Tourist Accommodation Management Services Limited (TAMS) in relation to same.

Where a licensed premises is proposed to be extended or altered we will apply for a Declaratory Order which is vital prior to commencement of works.

Other advices involving pubs and hotels include those on obtaining (and the benefits of) a Special Exemption Orders, Music & Singing Licences and a Public Dancing Licence.

Supermarkets

Supermarkets require a Spirit, Beer and Wine Retailers Off-Licence and we guide clients on the project management of the entire court process in obtaining a Spirit, Beer and Wine Retailers Off-Licence for a new, newly extended existing store. These premises are subject to the Voluntary Code of Conduct of the Responsible Retailers of Alcohol in Ireland (RRAI) and advices on its observance and the importance of such compliance in light of Section 9 of the Intoxicating Liquor Act, 2008.


We also specialise in advising on the law relating to the storage, sale and display of specialised products in a retail setting. We have experience in advising on applications to Courts and statutory authorities for licenses to store, supply and display specialised products in supermarkets and other venues.

Restaurants

We have a number of well-known restaurant clients such as Dobbins and the Schoolhouse. The sector requires advices on obtaining a Wine-On Licence from Customs & Excise and a Restaurant Certificate in the District Court.

Insolvency

This is an area that has been more prevalent in recent years and requires an in-depth understanding of the issues to advise receivers/ receiver managers and Liquidators in relation to preserving a publicans licence/ special restaurant licence/ hotel licence and/ or spirit beer and wine retailers off-licence. This includes the law and process in reviving a lapsed publicans’ licence, Ad Interim transfer applications, Certificate Order transfer applications at annual licensing.

Registered Clubs

All clubs including GAA Clubs, Golf Clubs or Football & Athletics Clubs require advices on their registration pursuant to the Registration of Clubs Acts, 1904-2008. We review the club’s constitutional documents to ensure that they comply with statutory requirements and advise on the statutory restrictions for sale of alcohol at a registered club. We also assist on the annual renewal process for a Registered Club.

Events

Special events require an Occasional Licence for an unlicensed area where they wish to serve alcohol and we obtain a Festival Licence for major events being held in unlicensed areas.

Key Contact

Alan Adams