Alter At Your Peril: The Costly Mistake of making changes to Licensed Premises before obtaining Court Consent
Licence holders in Northern Ireland face business closure if they renovate without prior judicial approval.
The Article 31 Trap: When Must You Seek Consent?
Under Article 31 of the Licensing (Northern Ireland) Order 1996, licence holders are required to obtain the consent of a County Court before making certain alterations to their premises.
While these advices are vitally important for all licence holders, they are of special interest to those running public houses and off-licences, given the value of such licences.
You must secure court consent beforehand if your proposed works involve:
• Increasing a public part of the premises where intoxicating liquor is consumed.
• Increasing, altering, adding to, substituting from or decreasing a public area where alcohol is sold.
• Concealing from observation a public part of the premises where intoxicating liquor is sold.
• Modifying the access to or egress from a public part of the premises where alcohol is sold.
A Cautionary Tale: The Immediate Four-Week Closure
The law requires prior consent, not retrospective forgiveness. To illustrate the gravity of bypassing this process, we recently observed a stark example in the courtroom.
During a County Court sitting, a Judge heard from a licence holder who came to court seeking an Alterations Order under Article 31. When the applicant informed the court that the works of alteration had already been completed, the Judge took immediate and decisive action.
He ordered the closure of the licensed part of premises for an approximate four-week period.
The High Price of Retrospective Approval
Failing to secure an Alterations Order before completing works carries severe operational consequences:
• Enforced Cessation of Trade: Courts appear to be willing to shut your doors to penalise non-compliance.
• Insurance Invalidity: Operating an altered layout without legal validation has the potential to compromise the validity of your commercial insurance policies.
• Licence Vulnerability: Unauthorised changes jeopardise the validity of your liquor licence at future renewals.
Protect your business, your livelihood, and your reputation. Always consult your trusted solicitor and secure your Article 31 Court Order (where required) before any contractors set foot on your property.
In certain circumstances, no court consent may be required. In addition, where the works go beyond the boundary of the premises or require planning permission, a new grant of your liquor licence may be necessary. It is always better to check the position with your solicitor before breaking ground.
For expert guidance on your premises or to discuss planned changes, please contact our Licensing Partner and Sub-Team Head, Niall Hargan or another member of our Licensing, Gaming & Betting Team.
*The content of this insight is produced for general informational purposes only and does not constitute formal legal advice. Northern Ireland licensing law is highly complex and fact-specific. Readers should not take, or refrain from taking, any action based upon the information contained in this article without first seeking independent professional legal counsel tailored to their specific circumstances.
