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Is north's current liquor licensing system fit for purpose?

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  Seamus McGranaghan of O'Reilly Stewart Solicitors looks at what independent review of liquor licensing system might mean

Is Northern Ireland's Liquor Licensing System Still Fit for Purpose?


In the ever-evolving landscape of Northern Ireland's hospitality and entertainment sectors, a pressing question looms large: is the region's current liquor licensing system truly equipped to meet the demands of a modern economy? As businesses grapple with post-pandemic recovery, changing consumer habits, and the push for tourism growth, many stakeholders argue that the archaic framework governing alcohol sales is stifling innovation and economic potential. This debate has gained momentum in recent years, with calls for reform echoing from pub owners, hoteliers, and policymakers alike. Drawing on insights from industry experts, legal analyses, and historical context, it's clear that while the system has roots in well-intentioned regulations, it may no longer align with contemporary needs.

To understand the current system's shortcomings, one must first delve into its origins. Northern Ireland's liquor licensing laws trace back to the 19th century, with significant updates in the 1920s and further refinements in the 1990s. The Licensing (Northern Ireland) Order 1996 remains the cornerstone, dictating how and where alcohol can be sold. Unlike more flexible regimes elsewhere, NI operates under a "surrender" principle for new licenses. This means that to open a new pub or bar, an applicant must typically surrender an existing license from another premises, effectively capping the total number of licenses available. This mechanism was designed to prevent an oversaturation of alcohol outlets and curb associated social ills, such as public disorder and health concerns. However, critics contend that this cap, unchanged for decades, fails to account for population growth, urban development, and the diversification of the hospitality industry.

At its core, the system categorizes licenses into various types, each with stringent conditions. Public houses, for instance, must adhere to strict opening hours—generally from 11:30 am to 11 pm on weekdays, with extensions possible for special events but requiring court approval. Off-licenses face even tighter restrictions, prohibited from selling alcohol on Sundays or outside designated hours. Restaurants and hotels have more leeway, but even they must navigate a labyrinth of rules, including the requirement that alcohol be served only with a substantial meal in certain settings. These regulations extend to events like festivals and weddings, where temporary licenses are needed, often involving bureaucratic hurdles that can deter organizers.

The rigidity of these laws has drawn sharp criticism from the business community. Colin Neill, chief executive of Hospitality Ulster, has been vocal in highlighting how the system hampers competitiveness. "We're operating under laws that were fit for the horse-and-cart era," Neill argues, pointing out that Northern Ireland lags behind the Republic of Ireland, where licensing is more liberal, allowing for extended hours and easier access for new entrants. In the south, pubs can stay open until 2:30 am, and there's no surrender rule, fostering a vibrant nightlife that attracts tourists and boosts revenue. Similarly, in Great Britain, reforms have introduced 24-hour licensing in some areas, enabling businesses to adapt to demand. Neill estimates that outdated laws cost NI's economy millions annually in lost tourism and investment, as visitors from across the border or abroad find the north's offerings restrictive and unappealing.

Take, for example, the impact on rural areas. In places like Fermanagh or the Causeway Coast, where tourism is a lifeline, hoteliers report frustration with rules that prevent them from offering late-night drinks to guests attending weddings or conferences. One anonymous publican shared a story of turning away a group of international tourists on a Sunday evening because the law forbade alcohol sales after a certain hour, despite the group's willingness to spend. Such anecdotes underscore a broader issue: the system's failure to accommodate seasonal peaks or cultural events. The Good Friday Agreement era brought hopes of modernization, but political stalemates at Stormont have repeatedly delayed reforms. A 2019 consultation by the Department for Communities proposed modest changes, such as extending Easter opening hours and allowing small producers like craft breweries more flexibility, but progress has been glacial.

Advocates for change also emphasize public health and safety. While the current system aims to mitigate alcohol-related harm—Northern Ireland has higher rates of alcohol misuse compared to the UK average—experts like Dr. Michael McBride, the chief medical officer, suggest that targeted reforms could balance economic benefits with safeguards. For instance, introducing minimum unit pricing, as seen in Scotland, could address affordability issues without overhauling the entire licensing framework. However, opponents of liberalization warn that easing restrictions might exacerbate problems like binge drinking and anti-social behavior. The Police Service of Northern Ireland (PSNI) has expressed concerns, noting that extended hours could strain resources, particularly in urban hotspots like Belfast's Cathedral Quarter.

Economically, the stakes are high. The hospitality sector employs over 60,000 people in Northern Ireland and contributes significantly to GDP, yet it's been battered by Brexit, Covid-19, and rising costs. A report by the Northern Ireland Assembly's Economy Committee highlighted that the licensing system's inflexibility discourages investment. New ventures, such as microbreweries or gin distilleries, face barriers to on-site sales, limiting their growth. Compare this to the boom in Ireland's craft beer scene, where distilleries like Teeling in Dublin thrive under more permissive rules. In NI, producers must often rely on off-site sales or partnerships, which Neill describes as "putting shackles on innovation."

Politically, the issue transcends party lines. Sinn Féin's economy spokesperson, Conor Murphy, has called for a comprehensive review, arguing that aligning NI's laws with those in the Republic could enhance all-island economic cooperation. DUP representatives, while cautious about social impacts, acknowledge the need for updates to support rural economies. The Alliance Party's Kellie Armstrong has pushed for reforms that include digital applications for licenses to reduce red tape. Yet, with Stormont's intermittent functionality, legislative action remains elusive. A proposed bill in 2022 aimed to modernize aspects like allowing children in pubs under supervision and extending hours for major sporting events, but it stalled amid broader political wrangling.

Looking abroad provides further perspective. In countries like Denmark or the Netherlands, liberal licensing coexists with strong public health campaigns, resulting in responsible consumption patterns. Northern Ireland could adopt similar hybrid models, perhaps piloting extended hours in designated zones like Belfast's Titanic Quarter to test economic impacts without widespread risk.

Ultimately, the question of whether the system is fit for purpose boils down to balance. Proponents of reform argue it's essential for economic vitality, pointing to success stories in neighboring jurisdictions. Detractors emphasize caution, prioritizing community well-being over profit. As Northern Ireland positions itself as a post-conflict success story, with attractions like Game of Thrones filming sites drawing global visitors, the licensing laws risk becoming a relic that undermines progress. A thorough overhaul, informed by stakeholder input and evidence-based policy, could unlock potential while safeguarding public interests. Until then, the debate rages on, with businesses left navigating a system that feels increasingly out of step with the times.

In conversations with industry leaders, there's a palpable sense of urgency. "We need laws that reflect how people live today," says one Belfast bar owner. "Not ones written when the Titanic was still afloat." As consultations continue and political will builds, the hope is for a licensing regime that fosters growth without compromising safety—a tall order, but one that's increasingly necessary for Northern Ireland's future.

Read the Full The Irish News Article at:
[ https://www.irishnews.com/news/business/is-norths-current-liquor-licensing-system-fit-for-purpose-5T43SDRPXZGPLFR6RBHH4C5MGM/ ]