Introduction
Northern Ireland is heavily regulated by Liquor Licensing legislation mainly to ensure the sensible retail sale of intoxicating liquor. When operating or owning a licensed premises, it is crucial to understand this legislative framework, as a particularly important aspect is the Court’s consent prior to making any amendments to licensed premises. Recent applications have seen a strict, zero-tolerance approach to licence holders who have not complied with this aspect. As 2025 lies ahead of us we want to help license holders understand why and when they need to apply for Court consent when amending their licensed premises.
The Legislative Framework for Licensed Premises
The primary legislation governing the retail sale of intoxicating liquor in Northern Ireland is the Licensing (Northern Ireland) Order 1996 which subjects licence holders and premises to strict controls. This ensures the safe sale of alcohol in a responsible manner. Under Article 31 of the Order, it is required that any alterations or amendments to the licensed premises must be approved by the Court prior to the commencement of works.
The liquor licence operates within a set perimeter as defined by an architect / planner when the licence is first granted. These plans are held with the Court and delineates the confines of the physical structure and the areas upon which alcohol can be sold. Altering this perimeter can lead to breaches of the legislation if not handled correctly.
When is Court Consent Required?
The consent of the Court is required in cases where the structure, layout or operation of the licensed premises is changing. Some common examples include:
1. Structural Alterations – any physical modification to the premises, such as extensions, re-fits, change to entry or exit routes, will require the prior consent of the Court. Applications of this nature are made under Article 31 of the primary legislation. The rationale behind this is that these changes can affect the safety or capacity of the premises which in turn, calls into question the validity of the existing licence.
2. Change of Use – any amendment to the use of the premises will require the consent of the Court. For example, it is not possible to turn a restaurant into a public house, without following the correct legislative steps and obtaining the approval of the Court.
3. Alteration to Opening Hours – where a licence holder wants to stay open beyond the hours of their licence, they must seek the approval of the Court who will consider the impact the alteration will have on the local community, health and public order before providing such approval.
4. Change to the Licence Holder – sometimes, a business is bought over or a death occurs, meaning that the person operating the premises is not actually the licence holder. In these cases, Court consent is required to transfer the licence to ensure it is held in the correct name. The Court will need to be satisfied that the new owner is suitable and fit to hold the licence and does not have a history of licensing prosecutions.
Does Court Consent Matter?
Yes, the consent of the Court is a necessary step for any amendments. Without obtaining consent, there can be serious consequences for licence holders. The requirement of Court consent is necessary for the below reasons:
1. Public Safety – the Court’s primary concern will always be the safety of the public and the surrounding community. Changes to premises can cause health and safety risks such as fire hazards, overcrowding and anti-social behaviour. The Court will determine whether these risks can be mitigated and whether the premises will operate in the public’s interest.
2. Protection of Local Communities – in particular in Northern Ireland, there is a strong emphasis on maintaining the harmony of local communities. A material change in the way a premises operates can have a profound impact on local residents, businesses and public services.
3. Compliance with Licensing Conditions – each licence has specific conditions attached to it. Without seeking the Court’s consent, there is the risk that local law enforcement will not have the correct information to enforce the limitations.
4. Preventing Abuse of Licensing Systems – the Court’s consent ensures that licence holders are regulated. By enforcing a process for approval, exploitation or misuse of the licensing system is prevented, ensuring public order and fairness.
What is the Risk?
In two recent applications in 2024, the Judge was critical of the failure to comply with obtaining Court’s consent. In one case, the Judge ordered for the licensed premises to be closed immediately and ordered that they could not re-open until the requirements were complied with. In a second application, the Judge threatened to personally report the non-compliance to the PSNI. Consequences of non-compliance include:
1. Licence Revocation;
2. Fines and Penalties;
3. Convictions;
4. Liability for Damages arising from Non-Compliance; and
5. Reputational Damage.
Conclusion
For licence holders in Northern Ireland, it is crucial that they comply with the legislative provisions and obtain the Court’s consent. Failure to do so can result in legal difficulties as well as economical and reputational damage for the business.
The Licensing Team at O’Reilly Stewart Solicitors strongly urge licence holders to reflect on their licensing plans and conditions. O’Reilly Stewart Solicitors can provide expert, professional advice to any licence holder and are contactable on 02890321000.