Home Office issues guidance on late night levy

The Home Office has published guidance on the late night levy provisions in the Police Reform and Social Responsibility Act 2011 that came into effect at the beginning of the month.

Under the Act, licensing authorities have the power to charge a levy to persons who are licensed to sell alcohol late at night in their area. The levy is intended as a means of raising a contribution towards the costs of policing the late-night economy.

The levy would be payable by the holders of any premises licence or club premises certificate in relation to premises in the authority’s area, which authorise the sale or supply of alcohol on any days during a period beginning at or after midnight and ending at or before 6am.

The guidance recommends that the decision to introduce, vary or end the requirement for the levy is made by the full council. “Other decisions in relation to the introduction and administration of the levy may be delegated in the manner which the licensing authority considers most appropriate,” it says.

The guidance covers:

• Introduction of the levy;
• Implementation of the levy;
• Design of the levy;
• Exemptions from the levy;
• Reductions from the levy
• Levy revenue;
• The levy charge and collection process.

A copy of the guidance can be viewed here.

Research by law firm Poppleston Allen earlier this year suggested that the appetite among licensing authorities to introduce the levy – and also early morning restriction orders – was limited.

However, the London Borough of Islington was set to be in the advance guard of those implementing it. In August, the council said it would consult on a new policy with a view to adoption in December this year.

Philip Hoult