Can I serve alcohol outside my Pub/Restaurant?
How do I know what area my licence covers?
In most premises, the licensed premises will be delineated by a red line on a licensing plan. This red line may differ from the plan on your conveyance or lease. It is important you familiarise yourself with the exact boundaries of your licence. The area within this red line is the licensed area, upon which the sale of alcohol is permitted to take place.
Can I serve alcohol on the footpath outside my premises?
While there are no countrywide laws prohibiting drinking in public, each local authority area is entitled to pass Bye-Laws prohibiting the consumption of alcohol in a public place. It is important to note, that there may be Bye-Laws in place which prohibit you from serving alcohol on a public footpath or walkway. For example, in the city of Dublin there are Bye-Laws adopted which prohibit the consumption of alcohol in public places.
Dublin City Council have confirmed that if you have a Street Furniture Licence in place, alcohol can be served and consumed in the area covered by the Street Furniture Licence. Although failure to comply with the provisions of the Act and Bye Laws may result in the withdrawal of the Street Furniture Licence.
Street Furniture Licences can be obtained countrywide, you should contact your Local Authority to confirm what their application process is and if you are permitted to serve alcohol in the area.
Where can the sale of alcohol take place?
The sale of alcohol cannot take place outside the licensed area and so if you have a beer garden/ smoking area or street furniture which is not currently included within the red line, you can only serve people alcohol provided they pay for the alcohol within the licensed area.
Planning advice should be sought prior to the use of any outdoor area as a dining area/ beer garden or smoking area or prior to the carrying out of any works to any outdoor area.
If you are permitted to provide off sales, it should be noted that any sale of alcohol, in a closed container, for consumption off the premises, should not be consumed within 100 metres of the licensed area.
This document is intended to provide a general overview and guidance on a particular topic. It is provided wholly without any liability or responsibility on the part of Compton Solicitors and does not replace the necessity to obtain specific legal advice.
Please contact Lorraine Compton or Fiona Tonge for more information: –
- Lorraine Compton on 086 – 253 4651 or email@example.com
- Fiona Tonge on 089 – 471 4128 or firstname.lastname@example.org
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Liquor Licensing is a complex and multi faceted process.
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