Late Night Levy & EMRO's Consultation, Camden. BA Response

The BA has responded to Camdens Consultation on the Late Night Levy and EMRO's. To see this document please navigate to: http://www.casweb.org/bloomsburyassociation/file-storage/view/late_night_levy,_emro%27s/BA%20Response

You may also respond directly to Camden if you wish: Email: Tony.Hawkes@camden.gov.uk

Date:     21st December 2012
Our reference:
Contact:    Tony Hawkes

Dear Sir or Madam

Alcohol Licensing
Late Night Levy and Early Morning Restriction Orders

I am writing to you as part of an initial assessment of new discretionary powers in respect of alcohol licensing in Camden.

The new discretionary powers that could be used are:

a)    Late Night Levy (“the Levy”)

The Levy is an optional additional charge that can be applied to some or all premises selling alcohol late at night. The majority of the income will be paid to the Police.

b)    Early Morning Restriction Orders (“EMROs”)

EMROs enable the Licensing Authority to restrict the times that alcohol can be sold in any part of the borough that is included in the EMRO area, with a maximum restriction of Midnight to 6am on all days of the week.


These new powers were commenced by the Government on the 31st October 2012, and are the result of the Police Reform and Social Responsibility Act 2011.

The Government has prescribed the process that must be followed if either of these new powers are to be used. This letter does not form part of that process, but the results will be used by the Licensing Authority to assess the current desirability of using these powers.

There is no requirement that the new powers must be used, and the formal process can be started at any time in the future if there is a need to do so.
Attached to this letter is brief summary of EMROs and the Levy, together with a questionnaire. The response to this questionnaire will help to inform the Licensing Authority if it is currently desirable to use either EMROs or the Levy. If the Licensing Authority decides not to pursue either option, this would not prevent the powers being considered again at a later date.

If you would like to provide your views at this stage, please could you respond by the 14th January 2013.

Further information on EMROs and the Levy can be found on the Home Office website:

http://www.homeoffice.gov.uk/drugs/alcohol/problems-late-night-drink/



If you have any queries, please do not hesitate to contact me detailed above.

Yours faithfully



Tony Hawkes
Senior Licensing Officer
Regulatory Services

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Late Night Levy (“the Levy”)

The Levy is a power for licensing authorities to introduce a charge for premises that have a late alcohol licence. After costs of administering the Levy, the revenue generated will be split between the Police (minimum 70%) and the Licensing Authority (maximum 30%).

The late night levy must apply to the whole of the licensing area, subject to any time restrictions of premises liable to pay for it; any “permitted exemption categories” (if any), and “permitted reduction categories” (if any). The Licensing Authority may determine the time of day between midnight and 6 am during which the late-night levy may apply.

The Licensing Authority will be able to determine exemptions where licence holders do not have to pay the levy, or pay a reduced rate. Licence holders will also be allowed to vary their licences before the levy is introduced, to enable them to reduce their permitted hours and avoid paying the levy.

If Camden did introduce the levy, its revenue (maximum 30%) must be used on matters that are relevant to the supply of alcohol between midnight and 6am, and are for:
a)    the reduction or prevention of crime and disorder,
b)    the promotion of public safety,
c)    the reduction or prevention of public nuisance,
d)    the cleaning of any relevant highway or relevant land in its area.

The amount payable by relevant licensed premises each year is determined by the Home Office, as shown below:

Band     Rateable Value     Levy Amount
A    Â£0-£4,300    Â£299
B    Â£4,301-£33,000    Â£768
C    Â£33,001-£87,000    Â£1,259
D    Â£87,000-£125,000    Â£1,365
D+    Â£87,000-£125,000    Â£2,730
E    Â£125,000+    Â£1,493
E+    Â£125,000+    Â£4,440
D+ and E+ are multiplier fees for premises that primarily sell alcohol

The revenue that could be raised is entirely dependant on what hours are used for the levy and any exemptions that could be applied.
 
Early Morning Restriction Orders (“EMROs”)

EMROs enable the Licensing Authority to restrict the times that alcohol can be sold in any part of the borough that is included in the EMRO area, with a maximum restriction of Midnight to 6am on all days of the week.

A Licensing Authority can decide to make an EMRO if a situation arises where it is appropriate for the promotion of the licensing objectives to restrict the late night supply of alcohol in a particular area. Unlike the Levy, an EMRO can be made for any part of the borough, and the area could be limited to just a few roads or it could be a wider area.

An EMRO can specify the days, times, or parts of the authority’s areas to which it applies, and may be on a temporary basis. An EMRO can be made to cover a maximum time of Midnight to 6am on every day of the week, or for any shorter period or fewer days.

If an order is made, the time specified in the order would override the times on any existing or future licences, and any Temporary Event Notices. (e.g. If the order specifies 2am as the terminal hour for alcohol sales, a premises licensed for alcohol until 4am will have to stop selling alcohol at 2am after the order is made).

A 42 day consultation will have to be carried out locally, and responses considered before an order could be made. After consultation, and where it is appropriate for the promotion of the licensing objectives, a Licensing Authority may make an EMRO to prohibit the sale or supply of alcohol between at a time specified in the order.