Designing Buildings - User contributions [en]

Liquor Licensing in Northern Ireland

2022-07-29T12:02:11Z

Colin Logan:

‘Quinquennial’ – not a word we use very often but one which should currently (as of 2022) be very much on the minds of professionals and businesses in the ‘Liquor Licensing’ arena. Indeed, if you're reading this in 2027 or 2032 then it should still be high on your list of priorities.

The Licensing (Northern Ireland) Order 1996 sets out the Licensing Period as being “a period of 5 years beginning on 1st October 1997 or any quinquennial of that date”. Well guess what – those years are all such quinquennials.

The time-limited duration of Liquor Licences can be easily overlooked by licence holders, undoubtedly due to other commercial and operational pressures, in much the same way as we see these pressures leading to lapsed Fire Risk Assessments, electrical certification, etc; but the licensing cycle is an important time for Licence holders.

Exceptions to the rule

Many businesses may find that an application for renewal of their licence is sufficiently straight-forward to be undertaken as an administration task, with the application served upon, and to be decided by, the clerk of petty sessions. However, there are exceptions to the instances in which the clerk can renew a licence, and in these cases they must require the application to be made to the court.

Such exceptions are well set out in the Licensing Order and include, amongst others, those instances where the premises have been altered since the licence was granted or last renewed.

Lost sales

Relevant alterations include those which increase, change, or indeed conceal, the areas in which alcohol is served or consumed, or which affect circulation areas.

At 9yards we see applications for such alterations quite frequently, as it is a regulatory requirement that these applications include a plan showing the alterations – effectively a revised Liquor Licence plan – and at 9yards we excel at these. Unfortunately we don’t only see them at renewal time but rather when the business is being sold or the licence is being transferred. And in the same way that illegal building works requiring rectification or regularisation at sale stage lead to delays, renegotiations and lost sales, so the discrepancies in Liquor Licences can lead to the same problems; except, of course, that the courts don’t move as fast as your local Building Control office.

But even at renewal such changes can cause major issues and can invalidate an existing licence. If you're in a renewal year (remember, 2022, 2027, 2032, etc) then tme really is of the essence if you’ve made alterations to your licensed premises – you need to act fast to establish the most efficient way through the renewal process, whether this is a Consent to Alterations application or a new grant application.

Revised Liquor Licence Plan

So, if you’re in any doubt about whether you need your Licence or plans amended or updated before the next quinquennial we would highly recommend that you discuss this with your solicitor as a matter of urgency. You might then also need the services of a Designer and Expert Witness, in which case 9yards Property Ltd would be happy to put the weight of our Chartered Building Consultancy behind your application. Get in touch at 9yards.co.uk.

[[Category:Definitions]] [[Category:Publications_/_reports]] [[Category:Other_legislation]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Cost_/_business_planning]] [[Category:Design]] [[Category:Property_development]]

Liquor Licensing in Northern Ireland

2022-07-29T12:00:14Z

Colin Logan: Created page with "‘Quinquennial’ – not a word we use very often but one which should currently (as of 2022) be very much on the minds of professionals and businesses in the ‘Liquor Licensi..."

‘Quinquennial’ – not a word we use very often but one which should currently (as of 2022) be very much on the minds of professionals and businesses in the ‘Liquor Licensing’ arena. Indeed, if you're reading this in 2027 or 2032 then it should still be high on your list of priorities.

The Licensing (Northern Ireland) Order 1996 sets out the Licensing Period as being “a period of 5 years beginning on 1st October 1997 or any quinquennial of that date”. Well guess what – those years are all such quinquennials.

The time-limited duration of Liquor Licences can be easily overlooked by licence holders, undoubtedly due to other commercial and operational pressures, in much the same way as we see these pressures leading to lapsed Fire Risk Assessments, electrical certification, etc; but the licensing cycle is an important time for Licence holders.

Exceptions to the rule

Many businesses may find that an application for renewal of their licence is sufficiently straight-forward to be undertaken as an administration task, with the application served upon, and to be decided by, the clerk of petty sessions. However, there are exceptions to the instances in which the clerk can renew a licence, and in these cases they must require the application to be made to the court.

Such exceptions are well set out in the Licensing Order and include, amongst others, those instances where the premises have been altered since the licence was granted or last renewed.

Lost sales

Relevant alterations include those which increase, change, or indeed conceal, the areas in which alcohol is served or consumed, or which affect circulation areas.

At 9yards we see applications for such alterations quite frequently, as it is a regulatory requirement that these applications include a plan showing the alterations – effectively a revised Liquor Licence plan – and at 9yards we excel at these. Unfortunately we don’t only see them at renewal time but rather when the business is being sold or the licence is being transferred. And in the same way that illegal building works requiring rectification or regularisation at sale stage lead to delays, renegotiations and lost sales, so the discrepancies in Liquor Licences can lead to the same problems; except, of course, that the courts don’t move as fast as your local Building Control office.

But even at renewal such changes can cause major issues and can invalidate an existing licence. If you're in a renewal year (remember, 2022, 2027, 2032, etc) then tme really is of the essence if you’ve made alterations to your licensed premises – you need to act fast to establish the most efficient way through the renewal process, whether this is a Consent to Alterations application or a new grant application.

Revised Liquor Licence Plan

So, if you’re in any doubt about whether you need your Licence or plans amended or updated before the next quinquennial we would highly recommend that you discuss this with your solicitor as a matter of urgency. You might then also need the services of a Designer and Expert Witness, in which case we’d be happy to put the weight of our Chartered Building Consultancy behind your application.

[[Category:Definitions]] [[Category:Publications_/_reports]] [[Category:Other_legislation]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Cost_/_business_planning]] [[Category:Design]] [[Category:Property_development]]

Houses In Multiple Occupation Act (NI) 2016

2019-04-04T16:38:24Z

Colin Logan:

--[[User:Colin_Logan|Colin Logan]] 17:36, 04 Apr 2019 (BST)

"Sure it’s only kids sharing a house"

* HMOs – Houses In Multiple Occupation

Licensing laws for Houses In Multiple Occupation (HMOs) in Northern Ireland have changed since 1st April 2019. If you’re a landlord or agent you’ll need to know about the new licensing regime and controls.

HMOs were previously controlled by the NI Housing Executive but the new ‘Houses In Multiple Occupation Act (NI) 2016’ has moved that control to local councils and may also result in some houses becoming HMOs by default - whether you've planned it that way or not.

* What you need to know

Well, first off it will be of comfort to you to know that professional help is available from many sources such as designers, solicitors and building consultants. HMOs are not a new thing so, whilst the legislation has changed, there are many professionals capable of helping you from day one.

Of course, you need to know what an HMO is to see if this new legislation will affect you. In summary, an HMO is a property which is:

- living accommodation

- the main residence of three or more people who are from more than two households, and

- rented by at least one of the people living in the accommodation.

So for example, if you’re a landlord in Northern Ireland with a typical house shared by students or young professionals you need to start thinking beyond the established notion that “sure it’s only friends sharing a house” – are there 3 or more tenants? If so and they’re not related then you need to think about how you’re going to comply with your new responsibilities.

* What do you need to do?

You’ll need to apply for and maintain a valid licence for each HMO you own. The fees are fairly high, and they’re an annual cost so you’ll need to start adjusting your budgets.

You should also know that Councils can refuse a licence if they believe an area has too many HMOs already – so you might need to bear this in mind for future income planning.

* Speaking of Planning…

You’ll also need to prove to the Council that you have Planning Permission and Building Control Approval for your property allowing its use as an HMO. You may think you’re covered simply because the property has always been a house - but HMOs are one of the uses that N Ireland Planning legislation classes as ‘sui generis’, ie a class of its own. We can see this requirement catching out many first-time applicants, potentially leading to further enforcement action by your Council’s Planning department.

* Conditions

You can also expect your HMO licence to come with a few conditions attached. As well as conditions relating to the physical property, tenants’ rights, antisocial behaviour and neighbourhood concerns you can also expect the licence to limit you to a maximum number of tenants – you'll need to consider how that affects your financial planning.

* Fixed penalties

Unsurprisingly, the legislators have an answer for anyone who breaches the legislation and if they choose to enforce against you they’ve a few options open to them, including fixed penalties of up to £20,000.

* Opportunities

Of course it’s not all doom and gloom. The legislation has been introduced for a reason, and if you’re a responsible landlord operating on reasonable margins you should probably come out of this alright. In fact, if the Councils really do come down hard on rogue landlords you may well find demand outstripping supply and you could be enjoying additional income as a reward for your integrity.

[[File:HMO_front_cover.JPG|link=File:HMO_front_cover.JPG]]

[[Category:Organisations]] [[Category:Publications_/_reports]] [[Category:Other_legislation]] [[Category:Planning_permission]] [[Category:Policy]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Cost_/_business_planning]] [[Category:Property_development]]

Houses In Multiple Occupation Act (NI) 2016

2019-04-04T16:36:22Z

Colin Logan: Protected "Houses In Multiple Occupation Act (NI) 2016" ([edit=author] (indefinite))

--[[User:Colin Logan|Colin Logan]] 17:36, 04 Apr 2019 (BST)

"Sure it’s only kids sharing a house"

HMOs – Houses In Multiple Occupation

Licensing laws for Houses In Multiple Occupation (HMOs) in Northern Ireland have changed since 1st April 2019. If you’re a landlord or agent you’ll need to know about the new licensing regime and controls.

HMOs were previously controlled by the NI Housing Executive but the new ‘Houses In Multiple Occupation Act (NI) 2016’ has moved that control to local councils and may also result in some houses becoming HMOs by default - whether you've planned it that way or not.

What you need to know

Well, first off it will be of comfort to you to know that professional help is available from many sources such as designers, solicitors and building consultants. HMOs are not a new thing so, whilst the legislation has changed, there are many professionals capable of helping you from day one.

Of course, you need to know what an HMO is to see if this new legislation will affect you. In summary, an HMO is a property which is:

* living accommodation
* the main residence of three or more people who are from more than two households and
* rented by at least one of the people living in the accommodation.

So for example, if you’re a landlord in Northern Ireland with a typical house shared by students or young professionals you need to start thinking beyond the established notion that “sure it’s only friends sharing a house” – are there 3 or more tenants? If so and they’re not related then you need to think about how you’re going to comply with your new responsibilities.

What do you need to do?

You’ll need to apply for and maintain a valid licence for each HMO you own. The fees are fairly high, and they’re an annual cost so you’ll need to start adjusting your budgets.

You should also know that Councils can refuse a licence if they believe an area has too many HMOs already – so you might need to bear this in mind for future income planning.

Speaking of Planning…

You’ll also need to prove to the Council that you have Planning Permission and Building Control Approval for your property allowing its use as an HMO. You may think you’re covered simply because the property has always been a house - but HMOs are one of the uses that N Ireland Planning legislation classes as ‘sui generis’, ie a class of its own. We can see this requirement catching out many first-time applicants, potentially leading to further enforcement action by your Council’s Planning department.

Conditions

You can also expect your HMO licence to come with a few conditions attached. As well as conditions relating to the physical property, tenants’ rights, antisocial behaviour and neighbourhood concerns you can also expect the licence to limit you to a maximum number of tenants – you'll need to consider how that affects your financial planning.

Fixed penalties

Unsurprisingly, the legislators have an answer for anyone who breaches the legislation and if they choose to enforce against you they’ve a few options open to them, including fixed penalties of up to £20,000.

Opportunities

Of course it’s not all doom and gloom. The legislation has been introduced for a reason, and if you’re a responsible landlord operating on reasonable margins you should probably come out of this alright. In fact, if the Councils really do come down hard on rogue landlords you may well find demand outstripping supply and you could be enjoying additional income as a reward for your integrity.

[[File:HMO_front_cover.JPG|link=File:HMO_front_cover.JPG]]

[[Category:Organisations]] [[Category:Publications_/_reports]] [[Category:Other_legislation]] [[Category:Planning_permission]] [[Category:Policy]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Cost_/_business_planning]] [[Category:Property_development]]

Houses In Multiple Occupation Act (NI) 2016

2019-04-04T16:36:00Z

Colin Logan:

Houses In Multiple Occupation Act (NI) 2016

2019-04-04T16:35:45Z

Colin Logan: Created page with ""Sure it’s only kids sharing a house" HMOs – Houses In Multiple Occupation Licensing laws for Houses In Multiple Occupation (HMOs) in Northern Ireland have change..."

"Sure it’s only kids sharing a house"

HMOs – Houses In Multiple Occupation

Licensing laws for Houses In Multiple Occupation (HMOs) in Northern Ireland have changed since 1st April 2019. If you’re a landlord or agent you’ll need to know about the new licensing regime and controls.

HMOs were previously controlled by the NI Housing Executive but the new ‘Houses In Multiple Occupation Act (NI) 2016’ has moved that control to local councils and may also result in some houses becoming HMOs by default - whether you've planned it that way or not.

What you need to know

Well, first off it will be of comfort to you to know that professional help is available from many sources such as designers, solicitors and building consultants. HMOs are not a new thing so, whilst the legislation has changed, there are many professionals capable of helping you from day one.

Of course, you need to know what an HMO is to see if this new legislation will affect you. In summary, an HMO is a property which is:

* living accommodation
* the main residence of three or more people who are from more than two households and
* rented by at least one of the people living in the accommodation.

So for example, if you’re a landlord in Northern Ireland with a typical house shared by students or young professionals you need to start thinking beyond the established notion that “sure it’s only friends sharing a house” – are there 3 or more tenants? If so and they’re not related then you need to think about how you’re going to comply with your new responsibilities.

What do you need to do?

You’ll need to apply for and maintain a valid licence for each HMO you own. The fees are fairly high, and they’re an annual cost so you’ll need to start adjusting your budgets.

You should also know that Councils can refuse a licence if they believe an area has too many HMOs already – so you might need to bear this in mind for future income planning.

Speaking of Planning…

You’ll also need to prove to the Council that you have Planning Permission and Building Control Approval for your property allowing its use as an HMO. You may think you’re covered simply because the property has always been a house - but HMOs are one of the uses that N Ireland Planning legislation classes as ‘sui generis’, ie a class of its own. We can see this requirement catching out many first-time applicants, potentially leading to further enforcement action by your Council’s Planning department.

Conditions

You can also expect your HMO licence to come with a few conditions attached. As well as conditions relating to the physical property, tenants’ rights, antisocial behaviour and neighbourhood concerns you can also expect the licence to limit you to a maximum number of tenants – you'll need to consider how that affects your financial planning.

Fixed penalties

Unsurprisingly, the legislators have an answer for anyone who breaches the legislation and if they choose to enforce against you they’ve a few options open to them, including fixed penalties of up to £20,000.

Opportunities

Of course it’s not all doom and gloom. The legislation has been introduced for a reason, and if you’re a responsible landlord operating on reasonable margins you should probably come out of this alright. In fact, if the Councils really do come down hard on rogue landlords you may well find demand outstripping supply and you could be enjoying additional income as a reward for your integrity.

[[File:HMO front cover.JPG]]

[[Category:Organisations]] [[Category:Publications_/_reports]] [[Category:Other_legislation]] [[Category:Planning_permission]] [[Category:Policy]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Cost_/_business_planning]] [[Category:Property_development]]

File:HMO front cover.JPG

2019-04-04T16:34:21Z

Colin Logan:

User:Colin Logan

2019-04-04T16:14:48Z

Colin Logan:

Colin Logan - Director, 9yards Property Ltd

BA(Hons) MSc FCIOB MIFireE

Specialist Areas: Architectural Design, Fire Safety, Construction

Professional Description: Design Director, Chartered Builder (FCIOB), Fire Safety Engineer (MIFireE)

Breadth of experience and depth of knowledge, along with membership of highly respected professional bodies of the CIOB and IFE, have led to increasing demand as an Expert Witness to the Courts Service, most recently in relation to liquor licensing and construction disputes.

Enquiries for my services are always welcome through 9yards Property Ltd.

9yards Property Ltd is a progressive Chartered Building Consultancy and design practice offering a full range of architectural services to a wide Client base, from residential to commercial, in both the private and public sectors. From feasibility to completion 9yards architecture, with its expert professional design and management team and close network of associates is ideally placed to guide you through the design and construction processes whatever the size of your project.

9yards’ expertise is relied upon by such corporate Clients as Abbey Insurance Brokers, Prestige Underwriting, Sandra Pyper Property Management, JEM Investments, Woodland Trust, EnSense Ltd and a multitude of private and corporate builders, property developers and charitable organisations.

Our extensive experience in helping individuals, businesses and developers to realise their design and construction aspirations is your reassurance of success with 9yards.

9yards architecture, 9yards fire safety and 9yards property are trading names of 9yards Property Ltd, a Private Limited Company registered in Northern Ireland. Company No: NI606248 Registered Address: Victoria House, 72 Albert Road, Carrickfergus, Co Antrim, BT38 8AE