Social Policy
Social Policy Unit is responsible for the development of policy and promotion of legislation on betting, gaming, lotteries and amusements with prizes, liquor licensing, clubs registration, drinking in public bye-laws, opening hours for shops, street trading and the control of unauthorised encampments.
The aim is to promote and maintain social legislation in these areas by updating and streamlining the law to reflect changing social attitudes and expectations and to provide an effective framework for control and enforcement which strikes a balance between the rights of the community and the rights of individuals /organisations directly affected.
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Strategic Review of Gambling Policy, Practice and Law
A high-level, strategic review of Northern Ireland’s gambling policy, practice and law is underway.
For more information on:
Review of Liquor Licensing and Clubs' Law
Northern Ireland law on liquor licensing and registered clubs has remained largely unchanged since 1997, despite significant changes in people’s expectations and attitudes and in social and economic circumstances during that time. As a result it needed to be examined to see if and how it should be updated to take account of developments in that period.
The review began in 2004 but the draft legislation which followed was never enacted due to the restoration of the Assembly in 2007. In reviewing the results of the work carried out since 2004, the Minister for Social Development wanted to learn how new legislation could contribute positively to achieving our social, economic and regeneration objectives and, more specifically, how liquor licensing law could contribute to the management of alcohol in our society. Recent developments in Northern Ireland, Great Britain, the Republic of Ireland and further afield were also noted
Among major issues that emerged from the Minister’s review of progress were the growing level of alcohol abuse in our society and its effects in terms of health, disorder, crime and domestic violence. The Minister acknowledges that licensing law alone cannot solve these problems but, in conjunction with other initiatives by the public, private and community sectors, it can make a difference.
The Minister decided to introduce reforms in two stages. The first stage has recently been completed, when on 29 March the Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011 (the Act) became law. This Act contains measures to help combat the problems of alcohol misuse, disorder and underage drinking.
A summary of the provisions is as follows:
- New closure powers to allow the closure, for up to 24 hours, of licensed or club premises where there is actual or expected disorder;
- A system of penalty points to be levied by courts on premises which break the law;
- A statutory proof-of-age scheme specifying, for the first time, acceptable proof-of-age documentation;
- A minor amendment to the Licensing (Northern Ireland) Order 1996 in relation to limited liability partnerships as a result of the Limited Liability Partnerships Act (NI) 2002;
- An increase in the number of occasions each year on which registered clubs may keep their bars open to 1.00am rather than the earlier closing time of 11.00pm;
- More appropriate accounting requirements for registered clubs;
- An extension of the period that young persons under 18 years of age are permitted to remain in the bar area of sporting clubs from 9.00pm to 10.00pm; and
- Powers to allow the Department to make regulations restricting or prohibiting irresponsible promotions of alcohol and other specified pricing promotions.
It is expected that the Act will come into operation by September 2011. Regulations prohibiting or restricting irresponsible promotions of alcohol will be subject to further consultation and Assembly scrutiny before coming into effect.
The Stage 2 Reforms, which would fundamentally change current licensing arrangements, were to take place once the Review of Public Administration was complete and a new system of local government had bedded down.
The aims of the proposed Stage 2 reforms were to:
- Simplify and harmonise the sale and supply of alcohol;
- Make regulation more efficient, effective and accountable;
- Make systems more responsive and accessible to local residents, planners, decision-makers and those on which local economies rely, including the licensed, hospitality, retail and other business sectors.
The target for implementing RPA was 2011 but that date is now in doubt. Since the time of the reforms being announced in 2008, major developments on both the local political and economic front and advances, here and in other jurisdictions, in knowledge and thinking about the place of alcohol in a modern society have taken place. In light of these developments and due to the uncertainty of the RPA timetable, officials are continuing to review the proposals announced in 2008 as they acknowledge that these may need to be updated.
Current consultation on alcohol licensing issues
A joint DSD/DHSSPS consultation on the introduction of minimum unit pricing of alcohol in Northern Ireland in an attempt to tackle problems associated with the availability of cheap alcohol was launched on 7 March. In addition to seeking views on the introduction of minimum pricing, the consultation, which ends on 26 June, is also seeking views on other possible alternatives including below cost selling and VAT and duty increases. The consultation also seeks views on the introduction of a social responsibility levy.
The consultation paper is available on the consultation zone of the Department's website at:
Drinking in Public bye laws
The Department for Social Development has policy responsibility for drinking in public bye-laws. Many councils and elected representatives have critised the bye-laws as being inadequate to control nuisance drinking in public places and the anti-social behaviour that goes with it. Strengthened measures intended to deal with the problem on the spot, including the confiscation of alcohol and the issue of fixed pentalty notices as an alternative to prosecution proceedings, are outside the legislative scope of local bye-laws. New measures have been included in the Criminal Justice (Northern Ireland) Order ( the 2008 Order) for which the Department of Justice (DOJ) is responsible. DOJ will not be introducing the new powers until details of the public-place designation arrangements and a fixed pentalty notice scheme, both of which will need to be set out in subordinate legislation, are finalised. The DOJ will be consulting as appropriate with councils, police, courts and DSD about the detailed proposals for this subordinate legislation.
Pavement Cafes
An appraisal of café culture in Northern Ireland has been completed. A consultation paper on the new licensing scheme was publised in December 2010 (in conjunction with BIDs Scheme). The consultation closed on 28 February and the responses have now been analysed.
Sunday Trading Laws
A discussion document around the current restrictions on Sunday shop opening times was published on 13 January 2011 and closed 12 weeks later on 8 April 2011. It focused on a number of potential alternatives to the current permitted hours of Sunday opening but also invited views on a range of related issues including Easter Sunday and Christmas Day opening. The responses to the discussion paper have now been analysed.
Street Trading
We are, in conjuction with UK colleagues, currently considering the implications of the EC Services Directive on street trading legislation.
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