Prior to extending a licence premises the licence holder should seek a declaratory order from the Court confirming that if and when the extension is completed the Court will grant an extension of the licence for the premises. This application is made under Section 12 of the Intoxicating Liquor Act, 1927 (as amended) it is also commonly called a ”Section 6” .
So before breaking ground, consult with a solicitor who will need to get from you:
- Maps or plans showing the area of the current licence together with maps or plans showing the area of the proposed finished premises;
- Evidence of legal title of the licence holder to the premises;
- Your current licence;
- Planning permission if applicable.
If the judge is satisfied with the application. The order made is a declaration that if and when the development is carried out to the satisfaction of the Court, planning and/or fire authority an extension of the licence over the area will be granted.
A subsequent application for a certificate that the licence has been extended is then made to the Court provided that the relevant authorities (e.g. fire officer) are satisfied with the works.
A word of caution: If you skip the step of obtaining the declaratory order first, objectors can appear out of the woodwork which could significantly delay (or even prevent) the opening of your newly extended premises.
If you have any queries on extending your licence premises you should contact Patricia Heavey or Michael Crowley.