Consultation on liquor licensing proposals continues - Minister meets Federation of the Retail Licensed Trade - 9 January 2006

Social Development Minister David Hanson MP today met the Federation of the Retail Licensed Trade (FRLT) to hear their views on his published proposals for reforming the law on the sale and supply of alcohol in Northern Ireland.

The consultation period began on 1 November 2005 and will run to 31 January 2006.  Issues discussed included the proposal to remove the requirement to surrender a licence before a new one may be granted and the intention to transfer responsibility for licensing from courts to district councils.   

In responding the Minister said: “My aim is to update and better regulate the licensing of alcohol in Northern Ireland by introducing a modest, balanced package of measures that weighs up the rights, needs and demands of the various interests concerned.  The measures mark the end of the existing outdated liquor licensing regime which reflect our modern, more vibrant society in Northern Ireland.

This is at an early stage and we are currently undertaking a process of consultation.  I will carefully consider all the views received before firming up proposals for the draft legislation.  This will be subject to wide consultation before the legislation goes through the scrutiny process at Westminster.”  

NOTES FOR EDITORS

1. The consultation paper seeks comments on possible changes to the Licensing (Northern Ireland) Order 1996 and the Registration of Clubs (Northern Ireland) Order 1996.   

2. The package of measures proposed will:

• Establish six licensing objectives to form the basis for policy, legislation and regulation in respect of liquor licensing - These are: promotion of public health; promotion of public safety; prevention of crime and disorder; prevention of public nuisance; protection of children from harm; fair treatment of all stakeholders. They should help improve operating standards in licensed premises, and aid those interpreting and enforcing the law.
• Provide additional flexibility in opening hours – This will provide for potential opening up to 2.00am, with the exception of Sunday-into-Monday when midnight closing will apply.  Extensions beyond 2.00am may be granted for special circumstances / major events.  Opening hours will depend on the licensee making a successful application to the licensing authority i.e. the court and, in due course, the district council.  
• Introduce new and more effective measures to enforce licensing laws - Including new measures for PSNI such as the power of immediate temporary closure of premises, penalty points for offending licensees, power to reduce a licensee’s opening hours and the introduction of new liquor licensing officers.  
• Provide for a more accountable, transparent system of granting & renewing licences – This will involve moving from a court-based to a local authority model, as in England & Wales.  The move would be aligned with the ongoing Review of Public Administration and could take several years to implement.  
• Abolish the current 12 categories of licence, replacing them with a dual personal and premises licence - This will require applicants for premises’ licences to provide detailed operating plans, describing the type of business they want to carry out and how they will maintain standards in line with the new licensing objectives.  It will help improve training and qualifications among staff of licensed premises and promote flexibility in the tourism and hospitality sector.
• Introduce a range of measures for the protection of children - These will include new test purchasing powers to help the police and licensees combat under-age drinking and promotion of a voluntary proof of age scheme. They will also provide greater flexibility for licensees/registered clubs to allow licensees discretion on access to premises by young people under 18 when accompanied by responsible adults for e.g. a wedding reception or other family occasions.
• Abolish the “surrender” principle - In Northern Ireland the “surrender” requirement means that an existing licence usually has to be acquired and surrendered to a court before a new licence can be granted.  Many regard this as unfair and anti-competitive. The requirement will be abolished following the proposed transfer of the licensing system to district councils in 2009.  The move will bring Northern Ireland into line with Great Britain.
• Simplify the accounting and auditing requirements for registered clubs - This will revoke the financial controls and accounts formats prescribed in the Registration of Clubs (Accounts) Regulations (NI) 1997 and make provision for best practice guidance in their place. This recognises the clubs’ efforts to improve accounting practice.

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