As summer draws to a close and diaries fill with enquiries for social events, such as school formals, corporate dinners and awards ceremonies, Seamus McGranaghan of O’Reilly Stewart Solicitors highlights some of the key areas licence holders should consider at this time of year.
With formal season fast approaching, it is crucial that premises understand the serious consequences of selling alcohol to anyone underage. Firstly, it is a criminal offence to sell or deliver alcohol to anyone under the age of 18. Additionally, it is illegal to sell or deliver alcohol to someone intending to supply it to a person under 18, whether on or off licensed premises. Notably, Northern Ireland’s legislation does not include the word ‘knowingly’, unlike Section 169 of the English Licensing Act 1964. This imposes a stringent obligation on licence holders to verify the age of their clientele. Failure to comply can result in fines or imprisonment if convicted of selling alcohol to a minor.
To avoid such issues, licence holders should apply for a Suitability Order for underage functions. These applications are submitted to the Magistrates Court, with a current court fee of £225.00. If the premises are deemed suitable, the licence holder must then seek authorisation for provisional dates for certain functions. Adhering to this process ensures compliance with the law and protects licence holders from the risk of prosecution.
September can also be a busy time for many other functions, such as work socials and corporate award ceremonies. Certain licence holders may host these functions, provided they have a Suitability Order in place. This differs from the Suitability Order for underage functions and falls under Article 48 of the Licensing (Northern Ireland) Order 1996. The Order is only available to licence holders of public houses, hotels, restaurants, conference centres, higher education institutions, indoor arenas, or outdoor stadiums. Once granted, the licence holder must apply for an extension licence to authorise the sale of alcohol in the area deemed suitable for functions.
Obtaining a Suitability Order for either regular or underage functions allows licence holders to maximise profits while ensuring compliance with licence conditions. The Licensing Team at O’Reilly Stewart Solicitors offers expert advice to help licence holders fully utilise their licence’s full potential. For expert advice, please contact O’Reilly Stewart Solicitors on 028 90 321000.
