As with the case globally, if a bar or restaurant want to sell alcohol, they have to acquire the appropriate licensing to be able to achieve this. Whether you want to open a bar, pub, restaurant or any other type of establishment that sells alcohol on premises, it is imperative that you read and abide by the laws put in place to help prevent any issues that can occur further down the line.
So, now it has been established that to sell alcohol in any capacity you will need a license. Understandably it can be difficult to fully comprehend the logistics of acquiring a license however after this article you will be able to get the correct licensing for selling alcohol on your premises. In fact the whole point of this guide is to provide a detailed insight into the requirements needed for aspiring establishment owners as well as offering a refresh for current pub or bar owners as new laws are frequently being passed. The cost of a first pub license is €250.
Please note: This guide will deal with the licensing laws for The Republic of Ireland only and anyone from England and Wales that is reading this, please refer to our article covering this topic. People from Scotland and Northern Ireland will also have their own Licensing laws that will differ from Ireland and England and Wales. It is also important to note that I will be primarily covering general premises and not members’ clubs.
It would be useful to remember that this is a guide for how a company should act and we would advise anyone trying to obtain a license to fully read the laws and regulations put in place themselves.
There are various types of alcohol licenses that someone can try to obtain, and it is crucial that you fully comprehend which alcohol licensing section you fall into as there are a number of different types. The following are the types that are available:
- Ordinary Publicans On License:
This alcohol license is designed to allow the license holder to only sell alcoholic beverages on a premises during regular opening hours. To apply for this license an application has to be lodged with the circuit court (Second tier of the Irish courts system and only applies local jurisdiction).
- Special Exemption Order License:
This alcohol license is very similar to the Ordinary Publicans On license in that it allows a license holder to sell alcoholic drinks during regular opening hours, but it differs in closing hours. The Special Exemption Order license is noted for being able to extend closing hours with a cut-off time 0f 2:30 am being set. To be able to acquire this license, applications need to be lodged at the local District Court.
- Public Music and Singing License and/or Public Dancing License:
To be able to sell alcohol in a nightclub or disco, the appropriate license would be the Public Music and Singing License and/or Public Dancing License. This license would also be granted by the local District Court.
- Restaurant Certificate License:
Designed for pubs that serve food, the Restaurant Certificate license offers pubs that serve a substantial meal to serve alcohol as well. This license allows pubs to serve alcohol for 1 hour longer than normal opening times also but only if it accompanies a meal.
- Limited Restaurant Certificate License:
The Limited Restaurant Certificate license is the same principle except evidently it is limited to a part of the pub having the same exemption.
- Wine Retailer’s On License:
This is a license that should be obtained for ‘refreshment houses’ that allows for the sale of liquors such as wine and sherry that contain less than 23% alcohol.
- Occasional License:
Mainly used for events that take place on a premises that usually wouldn’t sell alcohol, the Occasional license can be issued to a holder of an existing license. This license will also need to be applied for at the local District Court.
Minimum Unit Pricing
Since January 4th, 2022, in Ireland, a law came into place called minimum unit pricing. The idea for this law stems from the nations belief that alcohol consumption needs to be tackled, as many bars and pubs are selling alcoholic beverages at low prices that are dangerously fuelling a customer’s urge for drinking. So, how did they tackle this? Well one of the measures brought in is by setting a minimum price for what a beverage can be sold for. The bar for this being 10c per gram of alcohol, whilst this doesn’t sound like it would be highly effective in reducing consumption, so far in 2022 we have seen a shift in consumer behaviour with less people opting to buy alcohol. Don’t fret though as we understand that less alcohol consumption can equate to a drop in sales, this isn’t the case as the alcohol industry is still growing and bars and restaurants are developing new ways to be successful. So, if you are planning to open a bar or restaurant and have acquired the correct licensing there are still laws after this process that must be adhered to strictly.
Young People and Alcohol
To be served alcohol you must be over 18 years of age in Ireland. It is a criminal offence to serve alcohol to someone under the age of 18 and is also illegal to be pretend to be 18 or over in order to buy alcohol. It is also the case that if someone buys alcohol on behalf of someone who is under this age as well.
‘Happy Hours’ Are Out
Alcohol prices have to remain the same during the day in Ireland now, this is once again a part of the recent 2022 measures that have been implemented to curb excessive alcohol consumption. This means the traditional concept of a ‘happy hour’ is now illegal in Ireland. So for any aspiring publicans beware that offering alcoholic beverages at a cheaper price is illegal. Not just ‘happy hours’ though, additional illegal drinking promotions include:
- Loyalty Card Programmes that rewards buying alcohol
- Promotions where alcohol can be purchased at a reduced price when bought with another product
- Short term price changes that last for less than 3 days
Outdoor Drinking
Despite there not being a general prohibition there are different byelaws that city and county councils have which forbid drinking in public places. An example of this being The Gardaí can confiscate alcohol if they believe that someone drinking is behaving in an unorderly manner that could cause danger to their safety and others around them. It is important to note that as a publican or restaurant owner you don’t play a part in this potentiality.
Strict Advertising Rules
The Irish government have put numerous restrictions in place to limit the potential dangers of selling alcohol to encourage people to drink less. Some of the major changes and rules that companies must adhere to when advertising are:
- A business cant advertise in or on public service vehicles such as buses or trains. As well as public transport stations. Advertising alcohol must also be done outside of a 200m radius of a school, nursery or creche. This also applies to a playground with local authority.
- A cinema needs to be officially licensed to be able to advertise alcohol.
- Advertising is strictly prohibited during events that are aimed at children or where a majority of attendance are children.
- As well as a sports field or playing surface during a match or competition. However advertising can take place in the stadium or via hoardings.
- Where events involving cars take place are also prohibited for alcohol advertising.
The Sale Of Alcohol Bill
The Sale Of Alcohol Bill is designed to streamline the process and spreading of information pertaining to the licensing required to sell alcohol. Intended to modernise and streamline the licensing law in order to make it easier and clearer for people looking to start selling alcohol to well… sell alcohol.
Penalties and Fines
In Ireland, numerous penalties and fines can be handed out to publicans and citizens that break this law in relation to alcohol. The following are some of the main instances of these punishments:
| Offence | Penalty |
| Selling or giving alcohol to a person under 18 | Fine of up to €5,000 and a closure order for a license holder |
| Underage drinking
Pretending to be 18 or over to buy alcohol Allowing your child or children to be in a licensed premises without supervision |
Fine of up to €500 |
| Supplying alcohol to a drunken person | Fine of €4000 for a first offence and €5000 for second or subsequent offence |
| Acting in disorderly conduct or failing to leave a licensed premises when asked to leave by the license holder or a Garda | Fine of up to €500 |
| Being so drunk in a public place that you pose a risk to yourself or others | Fine of up to €500 |
| Altering a Garda Age Card | Fine of up to €2500 and/or imprisonment for up to 12 month |
Public Health Act 2018
With the rise of dangers in relation to children, it comes as no surprise that in 2018 the Irish government introduced the public health act in 2018. The public Health Act 2018 came to be with the primary policy objectives of this act being centred around:
- Reduce alcohol consumption to 9.1 litres of pure alcohol per person per annum by 2020
- Delay the initiation of alcohol consumption by children and young people
- Reduce the harms caused by the misuse of alcohol
- Ensure the supply and price of alcohol is regulated and controlled in order to minimise the possibility and incidence of alcohol related harm.
- The act includes provisions for minimum unit pricing, structural separation, health labelling on products that contain alcohol.
Please Note: This article is valid as of: 28/07/2022. Some laws may change in the time between this article being created and the time you read this so please be careful you fully understand the details listed and take precautions by ensuring the same laws apply.
