Licensing laws under review as Council highlights costs and complaints

Mid and East Antrim Borough Council has called for Department for Communities’ guidance for residents affected by disturbance arising from extended pub opening hours over making a complaint to court.

The council has been responding to a review of licensing and registration of clubs (Amendment) Act (NI) 2021.

The local authority has also highlighted the administrative and financial burden on businesses required to make an annual application for a licence extension and the need for Department for Communities (DfC) procedural guidance for businesses in relation to the application process.

DfC is conducting a review, further to updated legislation in October 2021 which made changes to the regulation and sale of alcohol in licensed premises and registered clubs.

Some of these changes included removing additional restrictions over Easter weekend and Sunday nights; allowing larger pubs and hotel bars to apply to open until 2am up to 104 nights per year and increasing drinking-up time to 60 minutes; allowing smaller pubs and registered clubs to open until 1am up to 104 nights per year.

A report presented to the Neighbourhoods and Communities Committee, at a meeting in The Braid, Ballymena, on Tuesday evening, said:

”The licensing team would comment that there continues to be some confusion in the hospitality sector and with solicitors as to the order and sequencing of the required applications to both the courts (liquor licence) and council (entertainment  licence) for the licences required.

“It would be useful if Department for Communities could provide some additional procedural guidance in respect of same.”

The report also noted the council’s latest policy on entertainment licensing put in place a specific requirement that committee approval is required for any entertainment licence with a finishing time past 1am.

“This was to ensure that any concerns about the later hours potentially causing disturbance to neighbouring properties could be fully considered before an extended licence would be issued,” it explained.

“It was anticipated that a large number of premises would take advantage of the extended opening hours, however, in reality, only one premises in Mid and East Antrim provides entertainment past 1am.

“The feedback the licensing team has received from local businesses is that the extra costs of both applying to court each year for this extension and additional staffing costs for the extra trading hours has not made this option financially viable.

“The licensing team in environmental health will normally deal with multiple complaints linked to noise and disturbance from places holding entertainment each year. Most of these complaints can be dealt with using the terms and conditions of the entertainment licence.

“However, as the enforcement options under entertainment licensing are limited, we welcome the additional option of being able to apply to court for consideration of restrictions to premises trading after 1am.”

Carrick Castle Alderman Billy Ashe MBE commented:

“Whilst we have everywhere opening and closing at the same time, we can’t cope. In Belfast, at the weekend, everywhere closes at the same time. There are thousands of people on the street. Police can’t cope, taxis can’t cope.

“Someone, somewhere in the licensing industry has to consider staggering closures. Until we get staggered opening and closing times, we will get everyone in the street at the same time and that turning into anti-social behaviour.”