Home Office takes key policy decisions on EMROs and Late Night Levy

The Home Office has this week made a number of key policy decisions in relation to Early Morning Restriction Orders and the Late Night Levy, including ruling out any exemptions for EMROs.

The orders would allow local authorities to restrict the sale of alcohol in all or part of their areas between midnight and 6 am.

The Late Night Levy would meanwhile introduce a charge for late-night licences to contribute to the cost of extra policing and other linked costs such as street cleaning.

Both measures were contained in the Police Reform and Social Responsibility Act 2011.

Publishing its response to its Dealing with the problems of late night drinking consultation, the Home Office said EMROs would give licensing authorities the freedom to respond to the needs of their local area.

“Our decision that there should be no exemptions from EMROs ensures that licensing authorities can apply them to the crime hotspots in their area, without the risk that their effect will be diluted,” it said.

In relation to the Late Night Levy, the Home Office argued that it was “unacceptable” that taxpayers currently bore the full burden of the costs, rather than those who sell alcohol.

It said exemptions would be available, at the discretion of the licensing authority, to premises that are not part of the wider night-time economy or sell alcohol as an activity ancillary to their main business and are therefore not part of the wider night-time economy.

“This will ensure that a meaningful contribution is raised to tackle alcohol-related crime and disorder subject to secondary legislation,” the Home Office claimed.

It added that reductions would also be available so that licensing authorities can use the levy to promote and support participation in other business-led best practice schemes.

The Home Office said it intended to commence the provisions containing the framework for EMROs and the Late Night Levy in October 2012. Guidance in relation to EMROs is to be included in statutory guidance issued under s. 182 of the Licensing Act 2003.

Law firm John Gaunt & Partners said the Home Office documents suggested that the earliest date a licensing authority could introduce a levy would be April 2013. The earliest anticipated date for EMROs to be introduced would be March 2013.

This is a summary of the Home Office’s key policy decisions following the consultation:

EMROs

  • Persons that may be affected by an EMRO will have 42 days to make relevant representations for, or against, a proposed EMRO. This has increased from 28 days.
  • Licensing authorities will be required to notify licensed premises that would be included in the scope of a proposed EMRO, rather than all licensed premises in the licensing authority area.
  • A proposal to introduce an EMRO should be publicised on the licensing authority’s website and in their local newspaper.
  • EMROs will not apply on New Year’s Eve.
  • There will be no exemptions from EMROs. There will be provision to ensure that premises with overnight accommodation can still provide room service and mini-bars, if they are included in the scope of an EMRO.

The Late Night Levy

  • Local residents can use their existing rights to make representations and other channels of communication to call for the implementation of the levy in their area.
  • Premises with overnight accommodation, theatres, cinemas, bingo halls, CASCs, community premises, country village pubs and Business Improvement Districts will be available as a discretionary local exemption from the levy.
  • Restaurants, casinos and private member’s clubs will not be available as a discretionary local exemption from the levy.
  • The levy will not apply on New Year’s Eve.
  • Licensing authorities will be able to offer a 30% reduction from the levy for best practice schemes that meet relevant criteria and pubs that are in receipt of Small Business Rate Relief and have a rateable value below £12,000.
  • There will be no cumulative discounts from the levy.
  • Licensing authorities will be able to fund services that are connected to the management of the night-time economy and services that prevent and tackle alcohol-related crime and disorder with their revenue from the levy.

Lord Henley, Minister for crime prevention and antisocial behaviour reduction, said: “The government is radically reshaping its approach to crime and policing by giving back powers to local communities so they can reclaim their high streets.

“We have already overhauled the ineffective licensing regime and introduced new measures that will put local people back at the heart of licensing decisions, allowing them to take action against problem premises and alcohol-related offending.

“We are building on this through the government’s new alcohol strategy which sets out plans to crack down on the 'binge drinking' culture, end the availability of cheap alcohol and irresponsible drinks promotions, and slash the number of people drinking excessively.”

The Home Office consultation response can be viewed here. 

Philip Hoult