Published on June 18th, 2013 | by Dean Carr
Late Night Levy
A guide to Late Night Levy (LNL) and Early Morning Restriction Orders (EMROs).
EMROs: Early Morning Restriction Orders (EMROs) are enacted to restrict the time after which alcohol may be sold or supplied between the hours of midnight and 6:00am. Between these points, the precise restricted hours of an area are decided by its licensing authority. In real terms, this means that participating towns may have different restricted hours.
LNL: The Late Night Levy is a tax on late-night operators- premises that sell alcohol late into the night. This levy is applied to an area specifically to contribute to the cost of policing between midnight and 6:00am.
Is your area likely to be affected by the proposals? You should contact your local licensing authority (the licensing department of your local council) for up-to-date information on any consultation taking place or decisions made. Additionally, the Morning Advertiser has published a map of council EMROs and LNL consultations- view this here.
These measures were introduced relatively recently, in the Police Reform and Social Responsibilities Act, October 2012, and have been enacted. Ultimately, it is at the discretion of the licensing authorities of local councils whether or not to implement an Early Morning Restriction Order or a Late Night Levy.
‘discretion of local councils’
Initially, it was reported that most councils, perhaps three quarters, did not intend to introduce the measures. Already, however, more and more councils are looking more closely at the proposals, and the impact on late night operators is only beginning to be felt. The City of London Council has launched a consultation into plans to introduce a Late Night Levy, and has published research that suggests that 80% of crimes committed in the City of London between midnight and 6:00am are alcohol related. If passed, the Late Night Levy for the City of London will come into force from 1 April 2014.
Gloucester City Council and Liverpool City Council are also reported to be undertaking consultation into introducing a Late Night Levy.
Opposition to the measures is becoming more vocal, and the Association of Licensed Multiple Retailers has vowed to cover the cost of legal challenges by stores. In Bath, the rock bar “G’s” in Bath Road has launched a petition for a fairer late night levy rate for smaller venues, rather than a blanket rate for all premises.