27/05/2026
Keeping Your Outdoor Drinking Areas Legal
As the weather improves, many of us enjoy spending time outside with a drink. But for premises that sell alcohol, it’s important to make sure any outdoor areas used for serving are actually included in the official licensing plans held by the Court. Ignoring this can lead to serious problems for licence holders.
Why Licensing Plans Matter
Alcohol can only be sold within the exact area shown on your approved licensing plans. These plans are created by an architect or planner and submitted to the Court when you apply for a licence. Once approved, the Court keeps these plans on file, and they can be inspected at any time.
During the Covid-19 pandemic, many businesses expanded into outdoor spaces to allow for social distancing. While this helped keep people safe, it also meant that some businesses began serving alcohol outside the areas covered by their licence. To help address this, the Licensing Team at O’Reilly Stewart Solicitors has explained how to properly extend your licensed area.
1. Applying for Consent to Alter Your Licensed Area
Under Article 31 of the Licensing (Northern Ireland) Order 1996, you can apply to change your licensed premises by increasing or decreasing the licensed area.
A useful guideline:
If the change is more than 10%, you will probably need to apply for a completely new licence.
If it’s under 10%, you may be able to simply amend your existing plans.
These applications are made to the County Court, and you must notify the Police Service of Northern Ireland (PSNI), who can object. An architect or planner will present evidence to the Court explaining the changes and confirming that they are not substantial.
Once the Court approves the alterations, you can update your licensed area.
2. Applying for a New Licence
If your proposed increase is more than 10%, you will need to apply for a new licence. This involves surrendering your current licence and applying for a new one that reflects the updated plans.
This process is more involved and includes:
Newspaper advertisements
Notifying the PSNI, local council, and possibly other bodies such as Tourism NI
For some businesses, this route may be more beneficial, as it allows for larger expansions beyond the 10% guideline.
Review Your Licensing Plans
The Licensing Team at O’Reilly Stewart Solicitors encourages licence holders to check whether their current layout matches the plans held by the Court. If you need advice or support, their team can help and can be contacted at 02890321000.
