PROPOSED CHANGES TO THE LAW REGULATING THE SALE AND SUPPLY
OF ALCOHOL IN NORTHERN IRELAND – WAY FORWARD
A consultation on proposed changes to the law regulating the sale and supply of
alcohol in Northern Ireland took place between 24 July and 12 November 2012. A
report on the outcome of the consultation was subsequently published in December
2013. Following careful consideration of the report, Minister McCausland has made
a decision on the proposals to be taken forward. They will be included in a Bill which
will be taken through the legislative process in the Northern Ireland Assembly before
becoming Law, at which stage it will become an Act.
Purpose and Key Features of the Bill
1.
The main purpose of this Bill is to introduce a balanced package of measures to
update the law in Northern Ireland in respect of the retail sale of alcohol and to
make it more responsive to the current social and economic environment.
2.
To achieve a balanced approach, it is proposed that the new bill will include, on
the one hand, measures aimed at tackling ongoing political and community
concern surrounding excessive alcohol consumption and related harm in
Northern Ireland; and on the other, support the hospitality sector and assist it in
supporting tourism.
3.
The key features of the Bill are set out in detail in the following sections.
Regulating the sale of alcohol in supermarkets and off sales premises
Restrictions on the advertising of alcohol in supermarkets and other off sales
premises
5.
The current law is silent on the advertising of alcohol by supermarkets and off
sales premises. The proposed restrictions are to:

prohibit advertising of alcohol within the vicinity of the premises; and

restrict advertising materials relating primarily to alcohol products to the
licensed area of supermarkets.
6.
These restrictions are intended to prevent supermarkets and off sales
premises advertising alcohol offers anywhere other than within the licensed
area of their premises. They are also intended to encourage shoppers to
make a conscious decision about whether or not to purchase alcohol. The
evidence base shows that alcohol advertising has a significant effect on
alcohol consumption.
Restrictions on the delivery of alcohol from supermarkets and other off-sales
premises
8.
While there are some safeguards in the current law in relation to the delivery
of alcohol, there have been ongoing concerns that this law is not sufficiently
robust in ensuring that young people under-18 are unable to avail of home
deliveries of alcohol.
9.
It is now proposed to strengthen the current law to prevent young people
under-18 from receiving a delivery of alcohol and to place a requirement in
law for identification to be shown and recorded upon delivery if there is any
doubt that the person to whom the alcohol is delivered is not 18 years of age
or over.
Regulating the sale of alcohol in pubs and other on-sales premises
Occasional additional late opening hour for certain licensed premises
10.
Under the current law, the normal opening hours for licensed premises are
11.30am – 11.00pm on weekdays, 12.30pm – 10.00pm on Sunday or
Christmas Day and 5.00pm – 11pm on Good Friday.
premises,
including
pubs,
hotels,
restaurants
and
Certain licensed
higher
education
establishments, may apply to a court for late opening hours to allow them to
open to 1.00am on weekdays and 12.00am on Sundays with 30 minutes
drinking up time. A court must be satisfied that conditions have been met,
such as, that food or entertainment will continue to be provided during late
opening.
11.
In recognition of the importance of the hospitality and tourism sectors to the
local economy, it is proposed that courts may grant an additional 1 hour late
opening on a limited number of occasions (12) per year in certain licensed
premises, under certain conditions.
Lifting restrictions on smaller pubs
12.
Under the current law smaller pubs, which are not in a position to provide food
and/or entertainment may not be granted late opening hours by the courts.
However, it is possible for the police to authorise late opening in such
premises for a maximum of 20 occasions in any year.
This allows such
premises to sell alcohol to 1.00am on weekdays and 12.00 midnight on
Sunday with 30 minutes drinking up time.
13.
It is proposed that the number of occasions for late opening in small pubs will
be increased to 85 per year. This recognises the role small pubs play in local
communities, where they are often seen as the social hub, and mirrors the
number of late opening hours the police may authorise for registered clubs.
Easter opening
14.
Easter is a period of special significance in Northern Ireland which is reflected
in licensing law by the placing of restrictions on the opening hours for licensed
premises over this period. Under the current law late opening (from 11.00pm
– 1.00am in pubs and other premises which provide food/entertainment) on
the Thursday and Saturday before Easter Sunday must end at midnight. Onsales premises are only permitted to sell alcohol between 5.00pm – 11.00pm
on Good Friday. Changing social habits and the growing importance of the
tourism industry for Northern Ireland has led to calls for changes to Easter
opening hours.
15.
It is proposed to permit late opening on the Thursday and Saturday before
Easter Sunday in line with those available on weekdays during the rest of the
year, that is, ending at 1.00am the following day.
Drinking up time
16.
The current law provides that alcohol may be consumed for a period of 30
minutes after the end of the permitted hours for selling alcohol, commonly
known as ‘drinking-up’ time.
17.
It is proposed to extend the current drinking up time in all licensed premises
and private members clubs from 30 minutes to 1 hour to discourage
customers drinking too quickly and to allow more gradual departure especially
from large venues. It is intended that this extension will be on a trial basis and
will not be extended should the desired aims not be achieved.
Alignment of alcohol and entertainment licences
18.
Currently the granting of an alcohol licence is a matter for the Courts. If any
premises apply to the Court for late opening hours they have to present an
entertainment licence, which local Councils are responsible for issuing. This
discrepancy in the licensing systems creates difficulties for the PSNI in
enforcing alcohol licensing law, as entertainment licenses may be granted
beyond the late opening hours available under an alcohol licence leading to
illegal sales of alcohol.
19.
It is proposed that the law will be amended to provide that any grant of late
opening hours or the proposed occasional additional opening hour will require
that an associated entertainment licence will not extend beyond the latest time
alcohol can be consumed in licensed premises. It is intended that this
proposal, which would prohibit entertainment licences from being granted
beyond the permitted drinking hours, will help to offset the issues associated
with problem premises.
Clarifying the law in relation to the provision of entertainment in restaurants
20.
Under the current law the sale of alcohol in a licensed restaurant is subject to
certain conditions, for example, alcohol must be consumed as ancillary to a
main table meal.
Licensed restaurants may not charge an admission or
entrance fee to the premises.
21.
It is proposed that the law be changed to ensure that entertainment provided
in restaurants is ancillary to the business of providing food. It is intended that
regulations will be introduced requiring licensed restaurants to display a notice
setting out the conditions for the sale of alcohol and creating an offence for
non-compliance with this requirement.
Removing the requirement for licensed premises and clubs to hold a Children’s
Certificate
22.
Under the current law young people under 18 are not allowed in the bar area
of any licensed premises or private members’ club at any time when alcohol
may be sold unless that premises has been granted a children’s certificate.
The children’s certificate allows young people to be present in the bar area to
9pm provided conditions are met, such as, they must be in the company of an
adult.
23.
It is proposed that the requirement for a licensed premises to hold a children’s
certificate if they wish to allow young people under 18 on their premises to
9pm will be removed. It is intended however that the conditions pertaining to
the presence of young people in licensed premises will remain. This proposal
aims to reduce some of the bureaucracy from the legislation.
Allowing young people to attend functions in licensed premises provided the bar
remains closed
24.
Current legislation prohibits young people under 18 from being in any part of a
licensed premise that contains a bar; or in any part of the licensed premise
which is used exclusively or mainly for the consumption of alcohol. The only
exception is where a children’s certificate is in force which allows young
people to be on the premises until 9pm. License holders, particularly in the
current economic climate, are keen to allow their function rooms to be used
for functions attended by young people.
25.
It is proposed that the current law is changed to allow young people under 18
to be in the bar area of licensed premises and registered clubs after 9pm
provided the bar is closed.
Selling alcohol via Pour Your Own Pint Tables and Vending Machines
26.
Pour Your Own Pint tables and vending machines are recent innovations for
dispensing alcohol. These innovations provide easier access to alcohol and
may encourage underage and/or excessive drinking and have given rise to
concerns surrounding enforcement.
27.
It is proposed to amend the law to prevent the sale of alcohol via Pour Your
Own Pint tables and vending machines.
Preventing the removal of alcohol from pubs after normal opening hours
28.
Under the current law alcohol for consumption off the premises may be sold
from pubs during their permitted hours which end at 11pm. Pubs may only
sell alcohol for consumption on the premises during late opening (which ends
at 1am). However alcohol sold for consumption off the premises during
normal opening hours may be removed from the premises (unopened) as late
as 1.30am (at the end of drinking up time for late opening). There is concern
that availability of alcohol at this time may encourage excessive consumption
and may lead to anti-social behaviour.
29.
It is proposed to amend the law to prevent the removal of alcohol from public
houses after the end of normal permitted hours plus drinking up time. This
would prevent alcohol from being removed from on-licensed premises beyond
11.30pm under the current law and beyond 12pm subject to drinking up time
being extended (paragraph 17 refers).
Allowing licensed premises to apply to the PSNI for the granting of ad-hoc late nights
30.
Under the current law, certain licensed premises, including pubs, may be
granted a court order under Article 44 of the Licensing Order (Article 44 order)
to allow late opening to 1am on any night they regularly provide food and/or
entertainment. Licensed premises not granted an Article 44 order can apply
to the PSNI for an authorisation to allow them to sell alcohol until 1.00am on a
limited number of occasions in any year under Article 45 of the Licensing
Order (Article 45 authorisation) for any night not covered by the order.
Premises with an Article 44 order cannot apply for an Article 45 authorisation.
It is recognised that the current provisions allow no flexibility for a licensed
premise to cater for one off events or events booked at short notice.
31.
It is proposed to amend the law to allow premises which have been granted a
late opening order by the courts under Article 44 to apply to the PSNI for up to
12 additional ad-hoc late openings per year under Article 45.
Regulating private member clubs
Removing advertising restrictions for functions held in Private Member Clubs’
premises
32.
The current law places restrictions on how registered clubs may advertise
functions on club premises. Only functions which involve a sport, game or
physical recreation may be advertised in the media. Advertising of all other
functions is restricted to the club premises.
33.
Clubs law will be amended to remove the current restriction on the advertising
of functions in clubs provided the advertisement makes it clear that it is for
Members and their guests only.
Permitting young people in sporting clubs until 11pm during the summer
34.
Current law provides that young people under 18 may be allowed in the bar
area of a sporting club until 10pm in the evening.
35.
In recognition of the diversionary activities offered to young people by clubs
over the summer months, it is proposed to amend the law to permit young
people under 18 to be present in sporting clubs until 11pm from 1 June – 31
August.
Awards night in sporting clubs
36.
The current law does not allow young people under 18 on club premises after
10pm.
Clubs
often
hold
awards
ceremonies
to
celebrate
sporting
achievements which are often held in the evening and include presentations
to children.
37.
It is proposed to amend the law to permit young people under 18 to attend an
awards ceremony in a sporting club 1 night per calendar year and remain on
the premises until 11pm.
Amend Clubs law to allow a registered club to supply alcohol (on occasion) in a part
of their premises which is outside the area they are registered to do so
38.
Under the current Clubs law, it is not lawful for a club to supply alcohol to its
members and their guests anywhere other than within the physical registered
Club premises.
When a club has an occasional event in their grounds,
alcohol can only be supplied by means of an occasional licence granted to
someone outside of the Club.
39.
It is proposed to amend the law to allow a registered club to extend the area
of their premises within which they can lawfully supply alcohol on a limited
number of occasions (6) per year.
Codes of practice
40.
The current law is silent on the use of codes of practice. The use of such
codes has been identified as a more flexible approach than the introduction of
legislation.
41.
It is proposed to amend the law to allow statutory approval for voluntary
industry-led codes of practice in relation to the sale and promotion of alcohol
in licensed premises and registered clubs. It is proposed that the law will be
amended to allow the Department to formally approve codes of practice with a
breach of a code leading to a court imposing conditions in relation to the
continuation of a licence or certificate of registration.
Miscellaneous
Repeal of the duty exemption for Angostura Bitters
42.
Under the current law Angostura Bitters are exempt from the definition of
“intoxicating liquor” in licensing law. This was due to their exemption from
excise duty. From April 2013 HMRC has removed this duty exemption and
Angostura Bitters are now liable to excise duty. It is now intended to bring
into line the duty and licensing regimes for Angostura Bitters.
43.
It is proposed that the law will be amended to provide that Angostura Bitters
will no longer be excluded from the definition of intoxicating liquor in licensing
law. This will result in Angostura Bitters only being sold in licensed premises.