Marc MacSharry (Sligo-Leitrim, Fianna Fail)
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114. To ask the Tánaiste and Minister for Justice and Equality the relevant section of legislation which deals with the issue of pub and hotel licences in cases in which if they have not been trading for a period of five years, if the licence expires or if there are procedures in place to revalidate the licence; and if he will make a statement on the matter. [23904/18]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy will appreciate, I am not in a position in my capacity as Minister for Justice and Equality to provide legal advice in response to Parliamentary Questions. However, the general position is that section 2 of the Licensing (Ireland) Act 1902 (as amended), provides that where premises have not been licensed during the preceding year but had been licensed at any time during the previous five years, a new licence may be issued in respect of such premises. Such a licence will be issued by the Revenue Commissioners on foot of a certificate granted to the applicant by the Circuit Court. This renewal provision does not apply, however, in cases in which the licence had lapsed due to a breach of the Licensing Acts, or had been extinguished in order to permit the granting of a retail licence to new premises.