Tobacco and Vapes Act 2026

Schedule 11 Retail licensing scheme in Northern Ireland

Section 88(2) In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after section 26 insert— Schedule 1 Retail licensing scheme Section 4A(6) Introduction 1 This Schedule is about the provision that may be made by regulations under section 4A(4). Licensing authority 2 The regulations must specify a council (a “licensing authority”) which is to grant licences. Grant of licence 3 (1) The regulations may— (a) prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations; (b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations. (2) The provision that may be made under sub-paragraph (1)(a) includes— (a) provision prohibiting a licensing authority from granting a premises licence in respect of premises within an area of a description specified in the regulations; (b) provision limiting the number of licensed premises within an area of a description specified in the regulations. (3) The regulations may make provision requiring a licensing authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations. Licence fee 4 (1) The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 4A to 4C or the regulations). (2) Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations. (3) The regulations may make provision for the payment by a licensing authority of a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under or in connection with sections 4A to 4C or the regulations. Licence conditions 5 (1) The regulations may make provision for the grant of a licence subject to conditions. (2) Provision of the kind mentioned in sub-paragraph (1) may— (a) enable a licensing authority to attach conditions to a licence; (b) require a licensing authority to attach to a licence a condition specified in the regulations. (3) The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the sale of relevant products within an area of a description specified in the regulations. Duration etc of licence 6 (1) The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences. (2) The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 4B to vary, suspend or revoke a licence. Publication of licence information 7 The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority. Reviews and appeals 8 (1) The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations. (2) The regulations must confer a right of appeal to a magistrates’ court against a decision taken on a review. (3) The regulations may contain provision about time limits for requesting reviews or initiating appeals. Guidance 9 The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Department. Sub-delegation 10 The regulations may confer discretions. Interpretation 11 In this Schedule— “grant” includes vary or renew; “licence” means a personal licence or a premises licence; “licensing authority” has the meaning given by paragraph 2; “personal licence” has the meaning given by section 4A(7); “premises licence” has the meaning given by section 4A(7); “relevant products” has the meaning given by section 4A(7).