Agenda item

To consider a report by the Head of Planning and Public Protection (copy enclosed) outlining the new powers available to the Licensing Authority from 31 October 2012 under amendments to the Licensing Act 2003 to make Early Morning Restriction Orders and impose Late Night Levies.

RESOLVED that –

(a)       the content of the report on Late Night Levies and Early Morning Restriction Orders be noted, and

(b)       the making of Early Morning Restriction Orders and the imposition of Late Night Levies not be supported and the views of the Licensing Committee be submitted to County Council when considering the report on this matter.

The Licensing Officer (NJ) submitted a report by the Head of Planning and Public Protection Services (previously circulated) outlining the new powers available to the Licensing Authority from 31 October 2012 under amendments to the Licensing Act 2003 to make Early Morning Restriction Orders (EMRO) and impose Late Night Levies (LML).

Members were provided with some background information regarding the introduction of EMROs and LNLs which were intended to tackle alcohol related crime and disorder and to help to pay for extra enforcement costs associated with late opening premises.  Key points of note included –

LATE NIGHT LEVIES (LNLs)

·        powers for local authorities to introduce a charge for premises selling alcohol late at night for the extra enforcement costs generated for police and local authorities

·        if introduced the Council would need to decide the time at which the levy applied in the area (restricted to between midnight and 6.00 a.m.) and what exemptions and reductions should apply

·        the levy would need to be applied to all premises (unless an exemption category applied) selling alcohol in the levy period and could not be confined to a particular town or area

·        following deductions by the local authority for administering and introducing the scheme at least 70% of the amount must be passed to the Police

·        the Police did not have to spend their proportion of the levy in local areas where it had been collected or on policing associated with alcohol related crime and disorder although North Wales Police had indicated they would spend the levy on licensing matters if it was introduced

·        details of the charges to premises if introduced based upon rateable value

·        approximately 175 premises would be affected by the levy.

EARLY MORNING RESTRICTION ORDERS (EMROs)

·        an EMRO would apply to premises licences, club premises certificates and temporary event notices that operated within the specified EMRO area

·        there was a requirement to advertise the proposal to make the EMRO and local authorities needed to demonstrate they had evidence to justify doing so and to consider representations before its introduction.

During consideration of the report members took the opportunity to clarify a number of issues with the officers regarding the new powers available to make LNL and EMROs.  Members noted that the levy had been set at a national level and raised concerns regarding the significant charges which would be imposed on premises across the county if the Council chose to introduce the levy regardless of whether or not those premises were located in particular problem areas in terms of alcohol related crime and disorder.  The committee recognised that businesses were already struggling in the current economic climate and felt that the introduction of a levy on licensed premises would likely cause many of them to go out of business.  The Council was working hard to regenerate its towns and communities and the late night economy and the committee considered the introduction of such a hefty levy would further damage the local economy.  It was noted that the Police were in favour of the introducing a levy and the revenue it would bring and had indicated that, although there was no requirement, they would spend that revenue on licensing matters.  However, members noted that the Council would have no control over the allocation of that revenue and were concerned that the local authority would be responsible for collecting the levy and if premises did not pay then the Council would still be liable for that fee.  With regard to the introduction of EMROs the Chair felt they might prove a useful tool in tackling local problem areas but during discussion it was noted that there were existing tools which would prove more effective such as bringing about Reviews of premises licences.

The committee noted that the introduction of a Levy or EMRO would need to be decided upon at County Council and it was –

RESOLVED that –

(a)       the content of the report on Late Night Levies and Early Morning Restriction Orders be noted, and

(b)       the making of Early Morning Restriction Orders and the imposition of Late Night Levies not be supported and the views of the Licensing Committee be submitted to County Council when considering this matter.

The meeting concluded at 11.25 a.m.