Agenda item

(Assistant Director of Corporate Support Services (Legal)) To consider the attached report (LSC-005-2012/13).

The Assistant Director of Corporate Support Services (Legal) presented a report on the introduction of Late Night Levy and Early Morning Restriction Orders.

The Assistant Director reported that the Late Night Levy would enable licensing authorities to seek a contribution from late-opening alcohol suppliers towards the costs of policing the night-time economy. It was a local power that a licensing authority could choose whether or not to exercise, and it had to cover the whole of the licensing authority’s area. The Levy would be set at a national level, based upon the Premises’ rateable value; the Police would receive 70% of the net Levy revenue, whilst the licensing authority could retain up to 30% to fund other activities besides policing.

The Assistant Director added that an Early Morning Restriction Order enabled licensing authorities to restrict sales of alcohol in the whole or part of their areas for any specified period between midnight and 6.00am, if this was considered appropriate for the promotion of the licensing objectives. It was a local power that a licensing authority could choose whether or not to exercise, and the licensing authority would have to demonstrate that they had evidence to justify the introduction of such an Order. It was highlighted that retail units with a Late Night Refreshment licence would also be affected by such an Order, even if they did not sell alcohol.

In response to questions from the Members present, the Assistant Director stated that the Late Night Levy would also be applicable for the period from midnight to 6.00am. It was unknown at the moment whether additional staff would be required to collect the Levy. It would depend upon the volume to be collected, but this could always be a part-time post. The Licensing team would be responsible for collecting the Levy, and any premises that did not pay would have their licence suspended. The Council would need to speak to Essex Police about the Levy, as there was no compulsion for the Police to spend the monies collected within the District. This discussion could be deferred until after the new Police & Crime Commissioner was elected and in post. The Senior Licensing Officer added that, at a recent Essex Licensing meeting, only two Councils in the county were considering implementing the Levy.

In view of the issues highlighted to the Committee, it was felt that no further action in respect of the Late Night Levy and Early Morning Restriction Orders should be taken until after discussions with the new Police & Crime Commissioner for Essex, and that the situation should be reviewed in the future.

Resolved:

(1)        That the provisions of the Police and Social Reform Act 2011 relating to Late night Levy and Early Morning Restriction Orders had now come into force be noted; and

(2)        That no further action be taken in respect of Late Night Levy and Early Morning Restriction Orders at the current time pending discussions with the new Police and Crime Commissioner for Essex but that the situation be reviewed in the future.