Are you considering buying a pub? This article will give you an idea of what is involved in the legal process ahead of you.

You may have seen a pub that you envisage is perfect for you. You may have put in an offer to buy this pub and this may have been accepted. Now you need a commercial solicitor in limerick who will help you with the legal matters and ensure that you own this pub, you can trade in full knowledge that you will not run into any complications that could cost you time and money.

Title, Planning, Rates and Fire Safety

When you are buying a pub, you will be buying the freehold or leasehold of this property. You need to ensure that the person selling has the legal right to do so, that they have full planning to run a pub from the premises, including an alterations and additions to it such as courtyards out the back (i.e. is this covered by the licence?), up to date fire safety certificates, compliance with planning and building regulations and that the commercial rates are paid up to date.

Licence

The licence you are buying attaches to the property and a licencing search needs to be completed to fully understand whether it is a clean licence i.e. no endorsements attach to it. For example, a pub might be trading away nicely and then serve underage drinkers, be prosecuted and have an endorsement affect the licence. Three strikes and you lose the licence!

Assuming your commercial solicitor advices you that the property you are buying is good title, that planning is in order, the fire safety certificates are up to date and there is a clean licence, you may then proceed to close the deal out.

Ad interim transfer of licence

However as soon as you become the owner of this property, you will then need to make what we call an “ad interim licence transfer” in the district court to have the licence put into your name so that you can trade. Remember it is the lowest holder of an interest in the property who must hold the licence so even if you have bought a leasehold interest, you still need to attend to this transfer. It can be done within a couple of days and then you are set to start trading. Full evidence will be given at the ad interim stage on your ownership of the property, your ability to trade as a publican and your understanding of the licencing laws of Ireland etc.

Full transfer of licence

The ad interim licence will keep you compliant with the law until the next annual licencing court – September of each year. You will need to make a full transfer of the licence application at this court. Any objections will be heard to this transfer on this occasion, if any. A newspaper advertisement must be circulated in a national newspaper 21 days in advance of the said hearing and notice on the fire officer and guards is required.

It is an exciting journey for those interested in taking on the traditional Irish pub and if you need any more information please contact Roisin at 061 502005 or email us at roisin@rocs.ie.

This article is general in nature and cannot be regarded as legal advice. It is general commentary only. You should not rely on the contents of this article without consulting one of our Solicitors. If you would like advice regarding how the law applies to your individual circumstances, then please contact Roisin O’Connell Solicitors.