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(Amendment) Bill Committee for Communities Report on the Licensing and Registration of Clubs (Amendment) Bill This report is the property of the Committee for Communities. Neither the report nor its contents should be disclosed to any person unless such disclosure is authorised by the Committee. Ordered by the Committee for Communities to be printed 13 May 2021 Report: NIA 100/17-22 - Committee for Communities. Mandate 2017-22 Report on the Licensing and Registration of Clubs (Amendment) Bill Contents Powers and Membership ................................................................................... 2 Executive Summary ........................................................................................... 3 Introduction ........................................................................................................ 8 Committee Consideration of Wider Issues and Recommendations…………………….24 Committee Consideration of the Bill ................................................................ 30 Committee Deliberations on the Clauses of the Bill......................................... 74 Clause by Clause Consideration of the Bill.................................................... 110 Appendices .................................................................................................... 116 1 Powers and Membership Powers The Committee for Communities is a Statutory Departmental Committee established in accordance with paragraphs 8 and 9 of Strand One of the Belfast Agreement and under Assembly Standing Order No 48. The Committee has a scrutiny, policy development and consultation role with respect to the Department for Communities and has a role in the initiation of legislation. The Committee has power to: consider and advise on Departmental budgets and Annual Plans in the context of the overall budget allocation; approve relevant secondary legislation and take the Committee Stage of relevant primary legislation; call for persons and papers; initiate inquiries and make reports; and consider and advise on matters brought to the Committee by the Minister of Communities. Membership The Committee has 9 members, including a Chairperson and Deputy Chairperson, and a quorum of five members. The membership of the Committee is as follows: Paula Bradley MLA (Chairperson) Kellie Armstrong MLA (Deputy Chairperson) Andy Allen MBE MLA Alex Easton MLA Mark Durkan MLA Sinéad Ennis MLA Fra McCann MLA Robin Newton MBE MLA Karen Mullan MLA 2 Executive Summary 1. This report sets out the Committee for Communities’ consideration of the Licensing and Registration of Clubs (Amendment) Bill. 2. The Bill consists of 36 clauses which amend and, in some places, replace the existing provisions of the Licensing (Northern Ireland) Order 1996 (the Licensing Order) and the Registration of Clubs (Northern Ireland) Order 1996 (the Clubs Order). It also contains a Schedule of minor and consequential amendments, and a Schedule of repeals. 3. The provisions of this Bill largely mirror those of the 2016 Bill, which was introduced to the NI Assembly in September 2016 but subsequently fell with the dissolution of the Assembly in January 2017. However, this new Bill does contain a number of important additions and revisions to the original 2016 proposals, for example the provisions in Clause 8 relating to local alcohol producers. 4. The Bill (as introduced) contains provisions that aim to modernise licensing laws and to balance support for Northern Ireland’s licensed trade and registered clubs with protecting the health of the local population from alcohol-related harms. 5. The Committee Stage was carried out at a time when Government restrictions had been imposed to address concerns of the COVID-19 pandemic. The hospitality and tourism sector in Northern Ireland was severely impacted as a result of the restrictions and recent evidence has suggested changes in consumer behaviour, with factors such as stress and anxiety contributing further to an increase in alcohol consumption at home. 6. Throughout its consideration of the Bill, the Committee aimed to steer a balanced course and were keen to ensure that the Bill supported consumption of alcohol in a controlled environment - through supporting the wider alcohol industry (including hospitality, registered clubs and local producers), particularly as it emerges from the impact of the pandemic; supporting the tourism sector; and minimising alcohol-related harm in society, particularly in relation to children and young people. 7. The Committee requested evidence from interested organisations and 58 written submissions were received from a diverse range of organisations, businesses, government bodies, researchers and individuals - including those representing or with an interest in the health impacts of alcohol and addiction, public health, the wider justice system (including the PSNI), safeguarding of young people, sporting and other clubs, the hospitality sector, local alcohol producers, lobby groups representing wider interests, the retail sector and the tourism sector. 8. The Committee also took briefings from the Assembly’s own Research and Information Service and from Departmental Bill Officials and 3 considered additional letters and papers throughout the process as necessary. 9. It also held an informal ‘Zoom’ stakeholder event with a number of young people ‘under 18’ to understand the potential impacts of the Bill on that group. 10. In total, the Committee held 35 oral evidence sessions with interested organisations and also explored the wide range of issues raised in the written and oral evidence with Department of Communities Officials through oral briefings and written responses. The Committee then considered and deliberated on the provisions of the Bill and the proposed amendments at 7 meetings, concluding with its formal clause by clause consideration on 6 May. 11. The Committee specifically devoted a substantial amount of time to deliberations on Clause 8 as drafted and also on the issue of ‘taprooms’, which was not covered in the Bill. Over a total of 8 meetings, the Committee devoted at least 10 hours of discussion exclusively to these issues. 12. Based on the evidence it took and its deliberations, the Committee wrote to the Minister requesting that a range of amendments be brought forward by the Department via amending existing clauses with drafting amendments, or through a number of new clauses or other Ministerial assurances. 13. The Committee has also proposed a number of its own amendments in a range of new policy proposals relating to the main aims of the Bill. 14. The body of this report starts with a summary of the Committee’s consideration of the wider issues that were highlighted to it through its evidence and its related recommendations on these issues. 15. Although these issues were connected to the health, social and economic impacts of alcohol consumption and licensing issues, they were often not directly within the scope of the Bill and indeed, at times, fell outside the remit of the Department of Communities. 16. However, the Committee felt that much of this evidence was of such significance that it wished to ensure that it was given prominence and agreed to include a range of recommendations on the wider issues it considered. These recommendations cover public health matters, communications, review and evaluation of the Act going forward, major events and occasional licences, taprooms, the surrender principle, rural issues, late night levy, alcohol advertising and renewal of licences. 17. After hearing all its evidence, deliberating on the many issues raised and taking advice from the Assembly Bill Office and querying many issues with Departmental Officials, the Committee agreed a considerable number of clauses as drafted – clauses 1, 2, 3, 5, 6, 7, 9, 10, 13, 14, 15, 4 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, Schedule 2 and the Long Title. 18. The Committee sought amendments to a range of clauses and, after correspondence and discussions with the Department, the Committee was pleased that most of these were taken forward as Ministerial amendments - either as amendments to existing clauses or as new clauses. 19. For the others, the Committee worked with the Bill Office to draft its own amendments. Those that were specific Committee amendments are indicated in the summary list of all amendments and new clauses below. 20. There was unanimous Committee support for the amendments and new clauses, except for Clauses 8A and 8B relating to ‘taprooms’ where the Committee divided. However, the majority of Members agreed 8A and 8B: New clauses 1A and 23A - to bring the additional opening hours on any Sunday into line with those currently permitted on weekdays for both licensed premises and registered clubs. Amendments to clause 4 and new clause 24A - to increase the number of times provided for in the Bill that small pubs can apply to the police for late opening from 85 to 104 and to increase the number of times provided for in the Registration of Clubs (NI) Order 1996 that registered clubs can apply to the police for late opening for special occasions from 85 to 104. Committee amendments to clause 8 - to revise 52B (Local producer’s licence: sales on own premises) to: o Increase the quantity of alcohol that local producers may provide as part of a tour from 1 sample to not more than 4 samples and 1 measure; o Secondary legislation-making powers to prescribe the content, amount or strength of intoxicating liquor in each sample and measure; o Secondary
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