Liquor Licensing

Liquor licensing laws are governed by the Licensing (Northern Ireland) Order 1996, as amended. Intoxicating liquor includes spirits, wine, beer, cider, and any other fermented, distilled, or spirituous liquor.

It is unlawful to sell intoxicating liquor by retail without a licence authorizing the sale in the course of business on premises specified in the licence. Sale without the licence, other than in accordance with the terms of the licence, constitutes an offence subject to a fine on summary conviction not exceeding level five or up to six months imprisonment or both. The occupier of every premise who had knowledge or consented to the contravention may be prosecuted and is guilty of an offence.

The licence is to be granted to the owner of the business proposed to be carried out under the licence. It may be granted to an individual, a company, or a partnership. The primary consideration is the character and fitness of the licensee. The court is to have regard to the character, reputation, financial standing, qualifications, and experience to manage of the licensee or employee.

Licences may be granted in respect of the following: retail for consumption either on or off the premises, premises for sale for consumption off the premises, hotel, guesthouse, restaurant, conference centre, higher education institution, place of public entertainment, refreshment room in public transport premises, seamen’s canteen.

A licence does not authorise the sale of intoxicating liquor in the case of guesthouses, restaurants, conference centres, and the other above categories except the first two unless the relevant business or activity is carried on the premises and the sale of intoxicating liquor is ancillary to that business. In these direct cases, consumption and sale for consumption on the premises are prohibited.

A licence for premises other than a hotel is authority for the sale of liquor only in parts of the premises, and plans must be lodged with the clerk of petty sessions.The above restrictions regarding ancillary sales are not applicable to certain historical licences granted prior to 1902 and 1971, respectively, subject to conditions.

A licence may not be granted in respect of premises situated in a service area and premises in which the principal business is the business of a garage or premises which forms part of the garage. In this context, a garage is a premise for the retail sale of petrol and related substances or the sale or the sale and maintenance of motor vehicles. A service area is ancillary to the same.

Licences are granted by the County Court. The court hears objections on application. The court must be satisfied that the applicant is a fit person to hold the licence and that the premises are of a kind specified that they are suitable for licensing.

In the case of premises for a general licence for sale on and off the premises and off licences, the court must be satisfied that the number of licensed premises of the kind specified in the application which are in the vicinity, having regard to licence premises granted, is not inadequate, and that a subsisting licence for premises of either such kind has been surrendered to the clerk of the court or will be so surrendered, and that any claim for compensation of goodwill attached to the premises licence to be surrendered has been abandoned.

There must be planning permission to use the premises in the application for the period used during the period the licence is in force, or it must be entitled to be used without planning permission. The procedure for planning permission is specified in the legislation. The court may grant a licence notwithstanding many deviations in the procedure, provided it is reasonable to do so.

The provisions in respect of adequacy of licences in the vicinity apply where the subsisting licence which is proposed to be surrendered is for premises which are on the site or in the vicinity of the premises for which the licence is sought or where the site of the premises for which the licence is sought has been approved under Article 10 as a site for licensed premises of the kind specified.

The requirement for surrender of a licence does not apply in areas designated under the New Towns Act 1965. It does not apply where, during the period of five years before the application, a previous licence was in force for the premises for which the licence is sought of the same type which has not been surrendered.

An applicant may seek a declaration that the licence shall not permit the sale of alcohol on a Sunday, and the court is obliged to give effect to this condition.

A licence for a guesthouse requires conditions that there should be afforded in the guesthouse adequate sitting accommodation in a room not used or to be used for sleeping accommodation, for the service of substantial refreshment or for the supply or consumption of alcohol.

Where a court refuses a licence, it shall specify reasons. Where a premise is not found to be suitable, the court may grant a licence subject to conditions that alterations are made as the court thinks necessary to secure the proper conduct of business or to ensure that no part of any room is concealed or screened from observation so as to obstruct proper supervision and  on the condition of the plans showing alterations verifying the same lodged. If the condition is not complied with within the period, an offence is committed.

There are provisions for provisional grants of licences where it is proposed to construct, alter, or extend premises. The application may be made by a person who proposes to be the owner or the owner to whom the above provisions apply, say that the provisional licence is granted. It does not authorize the sale of liquor until the licence is declared final.

Where a provisional licence has been granted by the County Court, the County Court may declare the licence final if it is satisfied that the premises have been completed in accordance with the plans lodged and the person, applicant is fit to hold a licence.

A new licence may be granted in lieu of an existing licence in certain cases in respect of certain hotels and registered tourist accommodation.

Licences, unless suspended, remain in force from the date they are granted until the expiration of the current licensing period or such a lesser period ending on 30th September as the court determines. It may be granted from the expiration of the next licensing period if it is granted within three months preceding the expiration of the current licensing period or such a lesser period as the court shall determine. Where a licence is granted based on objections, the licence may be provisionally granted until the appeal is determined.

A court of summary jurisdiction in which the occasional licence is sought may apply for an occasional licence. An occasional licence authorizes the person to sell intoxicating liquor at such places other than those premises and during such periods not exceeding six days at any one time between such hours (generally between 12 in the afternoon and 12 in the evening) as may be specified in the licence. No more than one occasional licence shall be granted on one application.

Where notice of objection has not been made and the clerk is of the opinion that the grant need not be made by the court, it may be made by the clerical petty sessions. Where notice for objection is raised or the clerk believes the matter is to be referred to court, the application is determined by the petty sessions, court of summary jurisdiction.

An occasional licence shall not authorize the sale of liquor other than ancillary to a function to be held at the place and during the hours specified in the licence, and where the applicant is the holder of a licence for a restaurant, it is ancillary to a main table meal. It shall not authorize the sale of liquor for consumption off the premises.

The functions concerned are the functions of an occasional nature which are organized by any body established for such charitable, social, or like purposes or for furthering the common interest of persons associated with any trade, profession, education, or cultural activity, game, or sports. The days mentioned may be in the same week or consecutive weeks.

Where an occasional licence has been granted in connection with any function, a constable may at any time enter the premises for the purpose of ascertaining whether there has been a contravention of the order. If any person, of their own accord or by their agent or another person acting with their knowledge, fails unreasonably to admit a constable knowing him to have demanded entry, they are guilty of an offence.

An alteration may not be made to premises for which a licence is in force. If the alteration gives increased facilities for drinking in a public or common part of the premises, adds to the premises of the public or common part in which intoxicating liquor is sold, or substitutes one part for another, conceals from the observation of the public or common part of the premises in which intoxicating liquor is sold, affects the means of passage between the public in part and the remainder unless an application is made by the holder of the licence to the County Court and the court consents to the alteration. Where the alteration is required by order of a lawful authority and before the alteration is made, notice of the requirement is served by the licence holder on the trial court petty sessions by licensed premises.

Where licensed premises are wholly and substantially destroyed or demolished or are reconstructed with or without extension, the licence for the original premises shall continue in force to the extent necessary to enable an order to be made for temporary continuance and to enable the licence to be surrendered in consideration of the grant of a new licence. It does not authorize the sale of intoxicating liquor in a new licence. A new licence is required to be applied for.

The clerk of petty sessions is to maintain a registry of licences. It is to include particulars of the licence, particulars of transfer, renewal, surrender, particulars of conditions imposed, particulars of directions made, particulars of protection order, particulars of children’s certificates granted, particulars of convictions. The register may be inspected, and copies may be taken at all reasonable hours. The register is the evidence of matters contained in it. The document proportion to be licensed and signed by the clerk of the court is receivable in evidence.