With brighter days and longer evenings arriving, beer gardens across Northern Ireland are filling up with locals and tourists eager to enjoy their favourite pint or cocktail in the fresh air. Outdoor socialising has become a staple since the Covid-19 pandemic, but behind every outdoor drink lies a framework of strict licensing legislation. Whether it is enjoying a pint of Guinness outside your favourite bar or having a craft gin delivered to your doorstep, outdoor alcohol sales are tightly regulated.
To lawfully serve alcohol in an outdoor space, the area must be specifically included in the licensed premises’ court-approved plans. This means that any garden, terrace or yard used for drinking must be part of the original application or later added through a consent to alterations application made to the County Court.
Regardless of whether an outdoor area is privately owned, it cannot legally be used for serving alcohol unless it is included in the licensing plans. For public spaces, such as a sidewalk, a separate pavement café licence must be obtained from the local council, as well as the area being denoted on the licensing plans. The council will often include stipulations on opening hours, layout and public safety. As such, outdoor areas must meet both the licensing and planning requirements.
With the better weather people are also making the most of their gardens and availing of online alcohol sales and home delivery services. While this is common practice
operators must follow strict rules to ensure compliance. First and foremost, the premises be fully licensed to sell alcohol for consumption off the premises (5(1)(A) or 5(1)(B) licence). The alcohol must also be delivered from the licensed premises – not an unlicensed warehouse.
Age verification is an important factor in online sales and operators must have systems in place to ensure alcohol is not sold to anyone under the age of 18. Alcohol bought online should not be available for doorstep drop-off and a good policy is for the delivery courier to check the ID of any recipient who looks under the age of 25. Whether it’s a bottle of wine for a movie night in or a case of beers as a birthday present, licence holders and delivery couriers carry legal responsibility to ensure safe, legal and age-appropriate delivery.
As Northern Ireland’s licensing sector adapts to changing consumer habits, understanding the legal landscape around alcohol sales is more important than ever. Whether it’s opening a beer garden or launching an online drinks service, compliance with licensing laws is not a tick box exercise – it is essential to operating a safe, successful business and avoiding prosecutions. For additional expert advice surrounding outdoor licensing or online sales, please do not hesitate to contact the Licensing Team at O’Reilly Stewart Solicitors on 028 90321000.