Northern Ireland Licensing Reform

October 2006

Licensees in Northern Ireland are gearing up for a reform of the licensing laws.

David Hanson (Minister for State, Northern Ireland Office) has announced plans for a staged implementation of Licensing Reform, the earliest of which could take effect by Christmas 2007. Expected changes include new and more effective enforcement measures, including immediate closure powers for the police and a new system of penalty points if there are found to be breaches of legislation.

Sunday hours trading will remain unchanged as will the opening hours for off licenses however licensed premises and registered clubs may be granted a modest extension of their current opening hours to 02.00 from Monday to Saturday.

Coupled with this new flexibility will be the introduction of six new licensing objectives. These include: - 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.  Four of these are identical to the objectives of England and Wales’ Licensing Act 2003, while the other two (dealing with public health and treatment of stakeholders) are unique to Northern Ireland.

The Minister for State advises that the transfer of responsibility for licensing from a Court bias to the District Council will be delayed until 2009. This will be linked to the introduction of new licensing objectives (see above). The legislation should bring about the abolition of existing categories of licence and the surrender principle. Operators without current licences will have an opportunity to apply for new licences.

Licensees thinking about taking advantage of the relaxation of the licensing laws in 2007 should contact our office for further information and assistance.

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