The Circuit Court handles applications for new licences, rival of expired licences, certificates and declarations.
Where to make your application
Where the premises or intended premises is based will determine which circuit the licensing application will need to be made.
For applications submitted in CSOL, the legal practitioner will select the correct circuit. For manual applications, you will need to identify the circuit using the list of Circuit Court offices.
When the court sits
Circuit Court licensing sittings usually take place on the last day of the court term (i.e. quarterly, 4 times a year). In the Dublin Circuit Court, licensing sittings occur every five weeks.
If you have submitted your application via CSOL, then CSOL will provide you with the dates of the upcoming licensing sittings. If it is a manual application, you can contact your local court office for the dates of the upcoming licensing sittings.
How to prepare for your court hearing
Circuit Court timeframes for licensing vary, but generally, applications require advance notice to the court, the guards, and fire office, with specific newspaper advertisement periods. The newspaper notice lets people know a new licence has been requested & gives them the opportunity to object.
For licensing applications at the Circuit Court, An Garda Síochána will always be a notice party. There will be a number of witnesses required in the Circuit Court (e.g. District Court clerk, An Garda Síochána).
For example, for new on-licence applications, you will need to show the judge that a pub was never previously licensed. For a revival application, you will need to evidence that the pub was previously licenced in the last five years. To do this you must request that the District Court clerk in the area gives evidence to this effect.
You must also organise your other witnesses such as engineers and any other experts as required by the proofs.
What happens in the court
At the start of a Circuit Court licensing sitting the registrar will call out for any objectors that may be present. Usually the applicant will not have been informed of an objector in advance. Any person can turn up on the date of court and raise an objection.
During the hearing the applicant and witnesses (as required) will be required to give sworn evidence to the court. This means that you, as the applicant, will enter the witness box and the judge may ask you questions.
Usually the barrister or solicitor who is acting on behalf of the applicant will call the witnesses.
Circuit Court licensing court applications
- Publican's on-licence
This application allows you to apply for a first time new on-licence for a pub.
- Certificate to revive a licence
This application allows you to apply for a certificate to reactivate a licence which has not been renewed annually through Revenue but has been licensed at least once in the last five years.
- Special restaurant certificate
This application allows you to apply for a licence so that your restaurant can serve a full range of alcohol drinks.
- Declaration of suitability of a premises
This application allows you to apply for a certificate that declares a premises to be suitable to operate as a pub, hotel or club.
- Substantial extension or reduction of licenced premises
This application allows you to apply for a licence where you are substantially reducing or extending an existing licensed area.
