What this application does
If a pub, hotel, beer or spirit licence needs to be transferred, the new licence holder must apply to have the licence changed to their name.
A licence may need to be transferred to a new licensee (licence holder) for a number of reasons:
- the sale or lease of a pub to new owners (Section 30(1)(a)),
- the death of the current licence holder (Section 34(1)),
- the existing licence holder cannot be located and expired licence needs to be renewed (Section 30(1)(b)),
- where the licence holder is a company and there is a change or removal of a nominee (Section 28).
For licensing applications, a company does not have to appoint a nominee. Applications can be made in the company's name.
The ad-interim transfer allows you, the licensee, to continue trading until you can confirm the transfer at the annual licensing court. It is important that you confirm the licence has been transferred, as an ad-interim transfer is temporary.
When you have confirmed the transfer of the licence at the annual licensing court, you can apply for a new licence through Revenue.
Ad-interim transfers can be complicated. You should consider getting legal advice to better understand the options available to you.
How much does this application cost
There is a fee of €150 per application.
How to apply
1. Complete your application
If you are a legal practitioner and have an account in CSOL, you can complete the application in CSOL. Alternatively, you can complete the application manually and include the correct section (listed above). It is advisable to contact your local court office for more information.
2. Serve the notice parties
You must notify or serve the relevant notice parties for your application. If the application is submitted in CSOL, the notice parties are automatically notified. Alternatively, you can serve the notice manually. Please see our serving and proof of service page for more information. For this application, the notice parties are:
- An Garda Síochána must be notified at least forty eight hours prior to the court date.
- The HSE must be notified at least one month prior to the court date.
3. Submit your application
The application must be lodged at least forty eight hours prior to the court date. Please note it is advisable to submit your application at least seventy two hours prior to the hearing if submitting the application electronically.
4. Provide proofs to the court office
You will have to provide the required supporting documentation or "proofs" on the day of the hearing.
What proofs are required
- Original notice of application with relevant stamp duty.
- Statutory declaration of service (to be submitted to the court office with the application, only if served manually).
- Title documents.
- Original licence - If the original licence cannot be located, you can apply to Revenue for a confirmation of licence certificate, which will also be accepted.
- Company documents (in circumstances where the applicant is a company).
Oral evidence during the hearing:
- Confirmation that there is no objection from An Garda Síochána.
- Examination on oath - The applicant or company representative should attend in person to give evidence,
- 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 they will be asked about their knowledge, for example, of laws relating to under-age people.
What additional proofs may be required
Each judge or district may have additional requirements. This may include all or some of the below proofs. It is advisable to check with your local court office.
- You may need confirmation that all Companies Registration Office (CRO) and tax filings are up to date.
- Disqualified person - Confirmation that the applicant is not a disqualified person.
- Applications for transfer to a nominee - Signed consent of the licensees if the applicant is to hold the licence as nominee.
