Report of the Independent Review of the Liquor Licensing system in Northern Ireland

The legislation required the review to include the following:

• an assessment of the operation of the surrender principle, an examination of options for reforming it and an assessment of the implications of those options for licence holders
• an analysis of the geographical distribution of licensed premises in Northern Ireland
• an analysis of the economic and social impact of the licensing system and the impact of the licensing system on personal and public health
• an assessment of the extent to which the licensing system meets consumer demand and local community needs, when set alongside the impact it has on personal and public health and on public order
• whatever recommendations for improving the licensing system that the reviewer considers appropriate.

The Department for Communities will now consider carefully the report’s findings and each of its 26 recommendations. The legislation requires DfC to publish a plan setting out how it will respond to the report within six months of publication.

The independent review’s recommendations are:

1. Establish Clear Licensing Objectives:

   • Initiate a process to agree and establish clear licensing objectives based on explicit principles.

2. Create Northern Ireland Licensing Authority (NILA):

   • Establish a new authority to enhance accessibility and consistency, monitor outcomes, and administer key elements of a reformed system.

3. Bespoke Liquor Licensing Information Website:

   • Maintain a website to host guidance materials, online forms, and FAQs.

4. Allow Conditions on Licenses:

   • Amend the law to permit conditions on pub and off-sales licenses based on identified risks.

5. Mandatory Training:

   • Require training on responsible service, protecting vulnerable groups, and alcohol harm for license holders and staff.

6. License Review Process:

   • Introduce an administrative process for reviewing licenses based on breaches of conditions, disorder, or irresponsible trading.

7. Digitise License Records:

   • Digitise all existing liquor license and registered club records and make them available online for free.

8. Immediate Access to Paper Records:

   • Courts should provide immediate and free access to paper licensing records.

9. Restrict License Objections to Responsible Authorities:

   • Only defined responsible authorities and community members should be permitted to object to license applications.

10. Prevent Incumbent Business Objections:

• Incumbent businesses should not be allowed to object to license applications, variations, or renewals.

11. Replace ‘Adequacy’ Criterion:

• Remove the ‘adequacy’ criterion and replace it with an area-based ‘harm’ criterion for license applications.

12. Review Court Processes:

• Ensure consistency in decision-making and minimize time and expense involved in license applications, variations, and renewals.

13. Self-funding Licensing System:

• Administer the licensing system at no extra cost to taxpayers, funded by fees and levies on license holders.

14. Prevent Further Replacement of Pubs with Off-licences:

• Reform legislation to ensure pub licenses cannot be surrendered to off-licence premises.

15. Buy-back Scheme:

• Consider a time-limited buy-back scheme for pub licenses to mitigate negative effects of reforms.

16. Cap License Values:

• Place a cap on the value at which licenses can be sold following reform.

17. Advertise License Availability:

• List available licenses on a single, publicly accessible website with indicative prices.

18. Non-sellable ‘Cultural Venue’ Licenses:

• Establish a system to award non-sellable, non-transferable Cultural Venue licenses to promote cultural activities and diversify venue types.

19. Revise Producer’s Licence Provisions:

• Allow longer opening hours for producers’ licenses without them acting as pubs.

20. Encourage Diversity of Supply:

• Introduce regulations to require pubs to provide a guest beer tap for locally-produced products.

21. Expand Eligibility for Occasional Licences:

• Allow non-licensed individuals representing eligible bodies to apply for occasional licenses.

22. Occasional Licences for Producers:

• Enable producers to apply independently for occasional licenses for events.

23. Reform Occasional Licence Timeline:

• Establish a set timeline for submitting and reviewing occasional licence applications.

24. Reduce Number and Duration of Occasional Licences:

• Limit the number and duration of occasional licenses per applicant to prevent circumvention of premises licensing.

25. Simplify Occasional Licence Process:

• Make the process for applying for occasional licenses simpler and primarily administrative.

26. Develop Standard Conditions for Occasional Licences:

• Create a set of standard conditions for all occasional licenses and optional conditions for courts to apply as needed.

These recommendations aim to enhance the effectiveness, accessibility, and consistency of the liquor licensing system in Northern Ireland while addressing public health and economic considerations.