The Minister for Social Development, Margaret Ritchie MLA, in a statement to the Assembly, unveiled her plans for the reform.
The proposed new law would: -
Give the police and courts tougher powers to deal swiftly with disorderly behaviour by allowing them to close licensed premises immediately for up to 24 hours.
Introduce a new penalty points system which would allow them to target premises that persistently break the law.
Introduce new proof of age measures which would help tackle the scourge of underage drinking.
Ease the bureaucratic burden on private members’ registered clubs by modernising their accounting requirements.
Margaret Ritchie said: “Stricter enforcement measures are needed to address problems of public health, public disorder and underage access to alcohol. These problems affect all of us, one way or another, and all of us must face up to our common duty to develop adequate responses.
"Licensing law alone cannot solve the problems but, in conjunction with initiatives by other Executive Ministers, PSNI, the licensed trade and the community sector, it can help make a difference.”
The Minister further indicated that, in a major shake up, following the Review of Public Administration, she aims to transfer courts’ current responsibility for licensing and registered clubs’ regimes to district councils and to simplify and harmonise controls on the sale & supply of alcohol.
Further there would be no change to the current “surrender” provision under which an existing licence for a pub or off licence must be surrendered to a court before a new licence of either type may be granted.
Subject to Executive agreement, she plans to legislate for change in two stages and is hoping to introduce her first Bill in the Assembly before summer 2009.
Notes to Editors:
1 Subject to Executive agreement, the proposed Bill would amend the Licensing (Northern Ireland) Order 1996 and the Registration of Clubs (Northern Ireland) Order 1996 to:
Enable a court to order licensed premises or registered clubs in an area of actual or anticipated disorder to close for up to 24 hours in the first instance; repeal the Secretary of State power to close premises or reduce opening hours to preserve public order; enable a senior police officer to close with immediate effect for up to 24 hours specific licensed or club premises where disorder or noise nuisance is occurring or imminent;
Enable a court, following conviction, to endorse penalty points on a licence or certificate of registration. The court would have some discretion but for serious offences, such as underage sales endorsement would be mandatory. Premises which accumulated 10 penalty points within any three year period would have their licence or certificate suspended for a period between one week and three months;
Introduce a statutory proof-of-age scheme specifying acceptable proof-of-age documents for the purposes of licensing and registered clubs law. The documents would be: passport, photocard driving licence, Northern Ireland Electoral Card and any PASS-accredited photo identity card. Power would be provided to make regulations specifying other age cards if necessary. Premises would be required to display specified signage describing the new scheme and it would be an offence to fail to display the signage. The scheme would complement PSNI’s test purchasing power which is expected to come into effect in 2009;
· Create a more flexible accounting system for registered clubs which recognised the differing requirements for small, medium & large clubs, reduces penalties for certain offences and introduces guidance on control of accounts, cash holdings and receipts. PSNI has acknowledged that financial mismanagement which previously existed in some clubs is no longer in evidence and that more flexible arrangements would be in order.
2 The Minister has it in mind to introduce further legislation, to bring about more fundamental changes, once the Review of Public Administration is complete in 2011 and new local government arrangements are in place. Controls on the sale & supply of alcohol would be simplified and harmonised by:
Transferring responsibility for the liquor licensing and clubs’ regimes from the courts to the newly-formed district councils;
Introducing six statutory licensing objectives to underpin the new regime: promotion of public health; promotion of public safety; prevention of crime & disorder; prevention of public nuisance; protection of children from harm; fair treatment of all stakeholders;
Abolishing the current 12 licence categories in favour of personal & premises licences.
3 A full copy of the Minister’s statement is available at www.dsdni.gov.uk/publications.
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