If ownership of a pub/hotel needs to be transferred for some reason, the new licence holder must apply to have the licence changed into their name. This allows the new holder to continue trading, until they can confirm the transfer at the annual licensing court in order to renew the on-licence for the next year.
- What does this application do
- How much does this application cost
- How to apply
- What supporting documents or "proofs" are required
What does this application do
A licence may need to be transferred to a new licence holder for a number of reasons. This application may be necessary for reasons such as the death of the current licence holder, sale of a pub to new owners, or the existing licence holder leaves and cannot be located.
When the judge grants the ad-interim transfer, it means the new licence holder can trade but not take out a new licence. A new licence can only be taken out through Revenue when an application for a certificate/confirmation of transfer is granted at the annual licensing court.
How much does this application cost
There is a fee of €105 per application.
How to apply
1. Complete your application
If you are a legal practitioner and have an account in CSOL, complete the application in CSOL. Alternatively, you can complete the application manually. The appropriate form is dependent on the circumstances: Form 77.2 or Form 77.3.
2. Serve the notice parties
Notify or serve the relevant notice parties for the application. Please see our serving and proof of service page for more information.
For this application, An Garda Síochána must be notified at least forty eight hours prior to the court date.
3. Submit your application
Submit the application. The application must be lodged at least forty eight hours prior to the court date.
4. Provide proofs to the court office
Provide the required supporting documentation or "proofs" to the court office. This must be done manually, there is currently no possibility to upload the proofs listed below via CSOL.
What proofs are required
- Original notice of application with relevant stamp duty.
- Statutory Declaration of Service (Not required where the application is served through CSOL).
- Title Document(s) - transferring ownership to the applicant (or where the transfer is due to the death of the licensee, the grant of probate or grant of administration). Title document(s) should be examined for the following:
- Whether the documents have been stamped,
- Deed of Surrender (if required)
- That the user clause permits use as a licensed premises
- The term of the lease
- If title is by way of an assignment of a lease, the consent of the landlord to the assignment must be produced if required.
- Licence - The original, current licence or a certified copy licence or certified copy receipt sowing payment of the current licence duty.
- Company Documents (in circumstances where the applicant is a company):
- Certificate of Incorporation
- Constitution
- Company printout from CRO (or equivalent) showing details of directors/secretary.
- Company resolution authorising the making the application and authorising named person(s) to attend court to give evidence
- Auditor’s certificate confirming that all CRO and tax filings are up to date.
This is not a statutory requirement, but it is the practice of judges in some districts to require it. A printout from the CRO may be acceptable if it provides this confirmation. A letter from the Company Secretary may also be acceptable where the company is not yet obliged to file Annual Returns.
- Disqualified person - Confirmation that the applicant is not a disqualified person. See list of disqualified persons.
- Character of Applicant - There is a statutory requirement to ensure that “that the applicant is a fit person”. This does not require the applicant to have experience in the licensed trade but s/he should satisfy the court that s/he has knowledge of the permitted hours/laws relating to under-age persons, etc.
- Examination on Oath - There is a statutory obligation to examine “upon oath all necessary parties”. The applicant (or, where the applicant is a company, a duly authorised representative of the applicant) should attend in person to give evidence. Failure to hear an applicant results in the making of an order without jurisdiction.
- Applications for transfer to a nominee - Signed consent of the licensee(s) if the applicant is to hold the licence as nominee.
- No objection - Confirmation that there is no objection from An Garda Síochána.
