Licensing and Registration of Clubs (Amendment) Bill

As a result of the above Bill all license holders are going to have to become familiar with some new additions to the language of licensing law in Northern Ireland. Words such as ’penalty points’, ’closure orders’ and ’irresponsible drinks promotions’ certainly convey the seriousness with which license holders should treat the Bill which will become law before the end of the year.

The Bill is the first piece of legislation arising out of the Licensing review carried out in 2005. Readers will probably recall the debate surrounding the surrender principle that exercised the trade at that time. Whilst that issue appears to have gone away licence holders cannot ignore this legislation as it will have a significant impact on how liquor is sold by the on trade. It also changes the powers of police and the courts in regulating the conduct of licensed premises.

Closure Orders

The Bill will give the police powers to close licensed premises for up to 24 hours without a court order. The police are permitted to exercise this power if they think that public safety is at risk. It can be extended to 28 days with the approval of a Magistrate.

Clearly any suspension of trading carries a financial penalty to a business. License holders should be very aware that the police have this power and the consequences of them exercising it. It is also important to note that the police cannot be pursued, financially, for reimbursement if they get it wrong. The only exception is where the police have acted in bad faith or certain breaches of the Human Rights Act. The onus is very much on license holders to avoid potential breaches of public safety and work with the police rather than allowing the situation to develop and dealing with matters “after the horse has bolted”.

Penalty Points

Under the current system licence holders, guilty of an offence, are usually dealt with in the local Magistrates Court. That system remains but in addition to a fine the licensee may now also be awarded penalty points.

A penalty points system will be familiar to anybody who has a driving licence and the same principles will apply. Licensees who accumulate 10 (liquor licensing) penalty points in 3 years will have their liquor licence suspended for a period of between 1 week and 3 months. Penalty points will not be given out for some 1st offences but more serious matters and all 2nd offences will receive penalty points.

Under the current system if a licensee commits 2 offences in 5 years they are, in many circumstances, meant to automatically receive a suspension. The way the penalty points system is set out this is likely to remain largely the same. Most of the common offences, consumption outside the permitted hours for example, will carry in or about 5 points. The only practical change is a lesser duration from 5 years to 3 years.

Irresponsible Drinks Promotions

The Bill does not set any law as regards what it calls “irresponsible drinks promotions” but it gives the power to the Department to regulate same. The Bill defines irresponsible as, for example, 2 for 1 or fixed price all you can drink deals. The Bill does not ban these promotions but licence holders can expect further regulations that, to a lesser or greater extent, will. Licence holders should keep abreast of all developments to make sure that they are not caught out. Clause 5 of the Bill gives the same power to the Department in respect of reduced price “happy hours”.

Other

The Bill also sets out a statutory proof of age scheme and extends the above provisions to Registered Clubs. In respect of Registered Clubs they are being permitted an increase in their late licence allowance from 52 days a year to 85 days. This is a lot less than was originally envisaged and represents a significant success to those who lobbied against the initial increase.

Pubs of Ulster will be organising events in the near future to explain the content and impact of the Bill. Readers are encouraged to attend if possible. If, in the meantime, any readers wish any further information on the Bill they can contact me on 02890 329801 or email me on mtb-law.co.uk AT colin.mitchell.