20 July 2006
WAY FORWARD ON LIQUOR LICENSING REFORM
Social Development Minister David Hanson MP today set out his plans for the reform of the law on the sale and supply of alcohol in Northern Ireland.
In a written statement to Parliament, he outlined the rationale for change. Mr Hanson said: "The last review of the law governing liquor licensing and registered clubs took place some ten years ago.
"Since then the social and economic climate in Northern Ireland has changed and improved immensely. The peace dividend has altered the shape of the tourism and hospitality sectors and of town and city centres. There is great potential for further growth, and liquor licensing law must keep pace with these developments and with modern expectations.
"Coupled with that is the need for a more transparent, accountable and better regulated framework for the licensed trade. There are clear anomalies in the current licensing system and a requirement for greater enforcement powers for the Police Service of Northern Ireland to deal with breaches of licensing law."
There will be a staged approach to the implementation of the reforms. The first could take effect by Christmas 2007. New, more effective enforcement measures, including immediate temporary closure powers for the police and a penalty points system for breaches of the legislation will be introduced. There will be a modest extension of current opening hours for licensed premises and registered clubs creating scope for opening up to 2am from Monday to Saturday. Sunday opening hours will remain unchanged as will opening hours for off-licences. Extensions beyond 2am may be granted for special circumstances/major events. There will be more flexibility to allow children in certified licensed premises and registered clubs when accompanied by an adult. The financial controls and accounts formats for registered clubs will be revoked in favour of best practice guidance.
More fundamental changes are expected to take place following the Review of Public Administration which is due for completion by 2009.
In relation to the proposals to abolish the surrender requirement and transfer licensing responsibilities to district councils, the Minister said: "I have listened to the views of local politicians and parts of the licensed trade about the implications of the abolition of surrender. In response to their concerns, I will commission an assessment of the business impact of abolition before making any further decision on the way forward.
"With regard to the transfer to local councils, I intend that the introduction of this aspect of the legislation, along with some of the other proposals that depend on the new system being operational, be taken in a second round of legislation.
"The Review of Public Administration is due for completion in 2009 and the target date for making legislation to transfer responsibility for licensing from courts to district councils and for the introduction of new licensing objectives will be linked to this. This tranche of legislation will also see the abolition of the existing categories of licence and, subject to an impact assessment, the surrender provision. The final decisions on this will hopefully be taken by a devolved Assembly, should it be successfully restored."
The Minister concluded: "I believe this is a balanced package of measures that weighs up the rights, needs and demands of the various interested parties. They will bring licensing law in Northern Ireland up to date, both to deal more effectively with the alcohol-related problems we currently face and to meet modern day expectations.
"They will result in a more democratic approach that allows local people to have greater influence on how and where the licensed trade operates. They will promote a safe, welcoming environment in town and city centres where the evening and night-time economy can flourish and will encourage investment, variety and high standards of service in the hospitality, tourism and entertainment sectors."
NOTES TO EDITORS:
1. The reforms follow publication of a consultation paper which sought comments on possible changes to the Licensing (Northern Ireland) Order 1996 and the Registration of Clubs (Northern Ireland) Order 1996. The consultation period ran from 1 November 2005 to 31 January 2006.
2. DSD has taken the Review forward to date in conjunction with a Steering Group involving DHSS&PS (Drug and Alcohol Strategy Team), PSNI, NI Courts Service and NIO (Community Safety Branch).
3. The Minister's plans for the reform of the law on liquor licensing and registered clubs in Northern Ireland are:
The introduction of six new objectives to underpin licensing policy, legislation and regulation. 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.
New, more effective enforcement measures, including immediate temporary closure powers for the police, a penalty points system for licensees who break the law and new council liquor licensing officers.
Moving responsibility for granting and renewing licences and certificates of registration from courts to district councils, leading to a more accountable, transparent system.
Replacing the current twelve categories of licence in favour of a dual system of personal and premises licences.
Abolishing the provision which requires an existing licence for a pub or off-licence to be "surrendered" to a court before a new one may be granted, subject to an assessment of the business impact.
A voluntary proof-of-age scheme and more flexibility to allow under-18s in certified licensed premises and registered clubs when accompanied by responsible adults.
A modest extension of current opening hours for licensed premises and registered clubs, creating scope for opening up to 2.00am Monday to Saturday. Sunday opening hours will remain unchanged as will opening hours for off-licences.
Revoking the financial controls and accounts formats for registered clubs, prescribed in the Registration of Clubs (Accounts) Regulations (Northern Ireland) 1997, in favour of best practice guidance.
4. For media enquiries please contact the Information Office on 028 9082 9078.
Click here to print this press release.
