A Judge granted Anthony McNamara a certificate of transfer for The Annexe Inn in Keel, Achill Island
A JUDGE granted an application for the transfer of a licence for an Achill pub after he was informed that the liquidator had no objection to the transfer.
Anthony McNamara was granted a certificate of transfer for the premises known as The Annexe Inn in Keel on Achill Island at last week's sitting of Achill District Court.
The application originally came before the court in November but was adjourned after Judge Fiona Lydon raised concerns about whether a licence can be transferred from a liquidated company.
The licence had previously been held by Keel Tavern Ltd whose shareholders consisted of Mr McNamara and his sister-in-law Margaret McNamara. The pub ceased trading in November 2022 and Keel Tavern Ltd went into a voluntary liquidation process in April 2023 and completed on August 23, 2023.
On August 9, 2023, an ad interim transfer licence was granted to Mr McNamara by Judge Gerard Furlong to allow him to apply for a certificate of transfer at the annual licensing court.
However, Judge Lydon raised questions on how a licence can be transferred from a company which was in liquidation and told Mr Patrick Moran, solicitor for Mr McNamara that she would not grant the application until clarification is received from the liquidator and counsel opinion is sought.
At last week's sitting of the court, Mr Moran told Judge Vincent Deane that he received correspondence from the liquidator who confirmed that the licence was not considered an asset of the company and he had no interest in the licence and had no objections to the transfer.
Mr Moran said he also sought the opinion of Mr James Charity, BL specialising in licensing law who was of the view that Judge Furlong was within his rights to grant the ad-interim transfer application.
Mr Moran also stated that since the last court date, the premises have been inspected by the fire officer and a fire cert has been issued.
He told Judge Deane that he was satisfied that all proofs were in order and the questions asked by Judge Lydon had been resolved.
Judge Deane said he was satisfied that all proofs were in order and granted the application.
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