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Licensing and Registration of Clubs (Amendment) Bill Paper Research and Information Service Research Paper 19 November 2020 RaISe Licensing and Registration of Clubs (Amendment) Bill NIAR 66-2020 The Licensing and Registration of Clubs (Amendment) Bill was introduced to the Northern Ireland Assembly on the 19 October 2020. The Bill covers a wide range of issues such as permitted opening hours for licensed premises and registered clubs; a new licensing framework for local producers; the regulation of alcohol deliveries and alcohol advertising; provisions aimed at protecting under 18s from alcohol-related harm; and a new framework for licensing in relation to major events. This bill paper has been prepared to inform scrutiny of the Bill and should be read in conjunction with RaISe supplementary papers entitled Alcohol in Northern Ireland (Paper No. 67/20) and Hospitality sector and the wider economy in NI: key estimated impacts of COVID-19 and related government responses (Paper No. 68/20) Paper No. 69/20 19 November 2020 Research and Information Service briefings are compiled for the benefit of MLAs and their support staff. Authors are available to discuss the contents of these papers with Members and their staff but cannot advise members of the general public. We do, however, welcome written evidence that relates to our papers and this should be sent to the Research and Information Service, Northern Ireland Assembly, Room 139, Parliament Buildings, Belfast BT4 3XX or e-mailed to [email protected] NIAR 66-2020 Research Paper Northern Ireland Assembly, Research and Information Service 1 NIAR 66-2020 Research Paper Executive Summary The Licensing and Registration of Clubs (Amendment) Bill was introduced to the Northern Ireland Assembly on behalf of the Minister for Communities, Carál Ní Chuilín MLA, on 19 October 2020. The objective of the Bill, as outlined in its Explanatory and Financial Memorandum, is to “introduce a balanced package of measures to update the law in respect of the retail sale of alcoholic drinks and to make it more responsible to the current social and economic environment”. The provisions of the 2020 Bill (as introduced) largely mirror those of the 2016 Licensing and Registration of Clubs (Amendment) Bill which subsequently fell due to dissolution of the Assembly. However, the 2020 Bill does contain a number of important additions and revisions and these are explored throughout this bill paper. This bill paper has been prepared to inform consideration of the clauses of the Bill. It should be read in conjunction with two supplementary papers, one entitled “Alcohol in Northern Ireland” and the other “Hospitality sector and the wider economy in NI: key estimated impacts of COVID-19 and related government responses”. The bill paper and supplementary papers are not intended to be a definitive examination of all the relevant issues. They are produced under time constraints, aiming to be available for the beginning of the Committee Stage of the Bill. Further research may be commissioned by the Committee for Communities during the Committee Stage. The main clauses of the Bill are as follows: Clauses 1 & 23: Removal of restrictions at Easter On-sale premises are only permitted to sell alcohol between 5.00pm and 11:00pm on Good Friday. Late opening available to pubs and other licensed premises that provide food or entertainment (which is normally between the hours of 11.00pm to 1:00am) must end at midnight on the Thursday and Saturday before Easter Sunday. Permitted licensing hours on Easter Sunday are 12.30pm to 10:00pm and off-licences are not permitted to sell alcohol at all on Easter Sunday. The Department for Communities highlights that “changing social habits and the growing importance of the tourism industry for Northern Ireland has led to calls for changes to Easter opening hours”. Clauses 1 and 23 of the 2020 Licensing and Registration of Clubs (Amendment) Bill proposes to remove all restrictions that currently apply over the Easter period for both on- and off-sales, this also includes registered clubs. The 2016 Licensing and Registration of Clubs (Amendment) Bill (as introduced) proposed to remove the restrictions in relation to the Thursday before Easter Sunday only (i.e. to permit late opening up until 1.00am). The Republic of Ireland previously banned on the sale and consumption of alcohol in licensed premises on Good Friday (although restaurants and hotels were exempt if the Northern Ireland Assembly, Research and Information Service 3 NIAR 66-2020 Research Paper alcohol was provided ancillary to a meal). However, this ban was removed by the Intoxicating Liquor (Amendment) Act 2018, which was enacted in January 2018. There are no similar restrictions on permitted opening hours at Easter in Scotland, England and Wales. Has any independent analysis been conducted on the loss of revenue to licensed premises due to the Easter restrictions and the benefits to the economy that may be derived from the removal of the restrictions? Hospitality Ulster estimated that in 2016 approximately £16 million in revenue was lost due to these restrictions; how is this figure derived and are there updated figures? To what extent would removing the restrictions at Easter address some of the financial challenges resulting from the COVID-19 pandemic? The voice of faith-based groups and individuals is important given the religious significance of Easter. To what extent do the proposals provide a balance between the promotion of tourism and hospitality and the protection of a traditional religious holiday and public health in general? Clause 2: Public houses and hotels: further additional hours Aside from the current restrictions put in place by the Northern Ireland Executive due to the COVID-19 pandemic, normal permitted hours for public houses and registered clubs is up to 11.00pm on weekdays and 10.00pm on Sundays (with 30 minutes “drinking-up” time). Certain categories of licensed premises (e.g. pubs, hotels and restaurants) that provide food and/or entertainment can apply to the courts for late opening hours. Late opening hours are up 1.00am on weekdays and midnight on Sundays (with 30 minutes “drinking-up time”). Clause 2 of the Bill proposes to allow certain licensed premises an additional 1 hour late opening (i.e. up to 2.00am on weekdays and 1.00am on Sundays) on a maximum of 104 occasions in any year (except for Christmas Day). Clause 5 proposes to provide a one hour “drinking-up time”. Clause 2 also proposes to provide courts with the power to revoke or modify an order in respect of this further late opening. The previous 2016 Bill proposed to allow an additional one hour for a maximum of 12 times in any year (not including Christmas Day, Good Friday or Easter Sunday). There are obvious differences of opinion with regards to extending opening hours between organisations representing the hospitality sector and those organisations responding from a public health perspective. In the Republic of Ireland, certain licence holders can apply to the courts for a Special Exemption Order to serve alcohol outside normal opening hours. The latest time that alcohol can be served for consumption on the premises under such an order is 2.30am (with 30 minutes drinking-up time). District courts are permitted to grant an order for a shorter period of time if they feel it is necessary to do so. Northern Ireland Assembly, Research and Information Service 4 NIAR 66-2020 Research Paper There are no nationally set permitted opening hours for licensed premises such as pubs and clubs in Scotland, England and Wales. Responsibility for liquor licensing is devolved to local authority level in these jurisdictions (namely licensing authorities in England and Wales and Licensing Boards in Scotland). Put simply, individual premises must declare their intended opening hours in an operating plan or schedule, the local licensing body will determine whether to grant those hours, basing its decision on local circumstances. A small number of Licensing Boards in Scotland, such as Edinburgh Licensing Board, had (pre-COVID) opted to permit licensed premises (providing restaurant facilities or entertainment) to open until 3.00am and in Glasgow ten nightclubs were permitted to change their permitted hours from 3.00am to 4.00am. Extended hours are beneficial to tourism and to the economy but concerns are frequently cited around the impact on emergency services and on alcohol consumption and alcohol-related harm. The University of Stirling recently announced that it will be leading on a 3-year £1.1m study which will seek to understand how extended opening hours impact on ambulance call outs, crime, public services and business operations. The study hopes to inform future premises licensing conditions, policies, and legislation in the UK and internationally. Has any research been conducted or commissioned by the Department on the proposal to extend late opening by one hour in terms of its impact on (a) the night-time economy and the economy in general (b) on alcohol consumption and alcohol-related harm (c) on crime levels (e.g. assaults) (d) emergency services (e.g. police, ambulance service, A&Es)? In Scotland, Local Licensing Forums (which are multi-disciplinary bodies whose membership consists of e.g. police, health trusts, child safeguarding, local residents, environmental health) can share local intelligence on the activities of licensed premises with local Licensing Boards. Northern Ireland does not have a similar statutory licensing infrastructure. By what means will local intelligence regarding opening hours be gathered and communicated to, and between, relevant bodies? If extended opening hours are permitted, will it be rolled out on a Northern Ireland-wide basis or will it be piloted first? How does the Department intend to review and monitor the impact of the one-hour extension (and extension of drinking-up time)? Will comprehensive data be gathered to assess the impact of extended opening (e.g.
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