Licensing Update
Are the curtains closing on the late night
sector?
25th June 2013
Graeme Cushion • Partner
Poppleston Allen
c.eames@popall.co.uk mobile: 07866 436 464
Rebalancing the Licensing Act
Licensed Premises
“The majority of licensed premises are well run businesses which
provide a valuable service to the their local communities and the
Government recognises the important roles which pubs can play
as part of the fabric of neighbourhoods and villages.”
- James Brokenshire, MP
Ministerial Foreword to the Consultation, July 2010
The Political Pie
HEALTH
• Alcohol Strategy
- Minimum Pricing
- Multi-buys
- Health Objective
DCMS
• Live Music
• Deregulation of
Regulated
Entertainment
HOME OFFICE
• EMROs
• Late Night Levies
Licensed Premises
Licensed Premises
Licensed Premises
Number of Violent Incidents where the victim believed the
offender to be under the influence of alcohol
1800
1600
Number of Incidents
1400
1200
1000
800
600
400
200
0
1995
1997
2001/02
2002/03
2003/04
2004/05
2005/06
Year 1995 - 2010/11
Source: British Crime Survey
2006/07
2007/08
2008/09
2009/10
2010/11
Impact of Licensing Act 2003 on Crime and
Disorder – July 2007
• Peak time for serious violent crime + 1 hour
• “Chaos feared and predicted had not come about”
• “What can be said with a degree of confidence is that it has
not made matters worse in the first year or so of the changes”
Kings College research commissioned by the Home Office
Beer Consumption
40000
35141
35500
35641
35000
34962
34447
33155
31482
30208
Barrels (Thousands)
30000
29224
28332
25000
20000
15000
10000
5000
0
2002
2003
2004
2005
2006
2007
Year
Source: British Beer & Pub Association
2008
2009
2010
2011
Outlets Serving Alcohol
Actual
Predicted
2008
139,403
2009
134,032
2010
130,377
2011
127,151
Source: CGA Strategy
2010
2017
Community Pubs
31,672
26,280
Food Pubs
11,235
12,024
Modern Bars
5,273
5,727
Circuit Bars
10,069
9,309
Source: CGA Strategy
Late Night Levy
• Enables the Licensing Authority to charge a Levy to persons
who are licensed to sell alcohol late at night as a means of
raising a contribution towards the cost of policing the late night
economy
• Decision is for the Licensing Authority to make, but they are
expected to consider the need for the Levy with the Chief
Officer of Police and the Crime Commissioner
• Must consider if it is a viable option i.e. will it generate enough
revenue
12
Late Night Levy
•
•
•
•
Apply to whole Licensing Authority area
Must apply to same time every day
Licensing Authority must consult with Premise Licence Holders
But no hearing – so no “opportunity”
Licensing Authorities must consider
• Costs of policing and other arrangements for reduction or
prevention of crime and disorder and, in relation to those
costs, the “desirability” of raising revenue
13
Late Night Levy
• Late night supply period - determined by Licensing Authority between
midnight and 06:00
• Reduce hours? – “free” minor variation
• TENs (doesn’t apply)
• Amount based upon Non Domestic Rateable Value
A
B
C
D
E
Dx2
Ex2
£299
£768
£1,259
£1,365
£1,493
£2,730
£4,440
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Late Night Levy
Discretionary exemptions:
1. Premises with overnight accommodation
2. Theatres and cinemas
3. Bingo Halls
4. Community Amateur Sports Clubs
5. Community Premises
6. Country village pubs (rural settlement with population
less than 3,000)
7. New Year’s Eve
15
Late Night Levy
• Discretionary reductions for Best Practice
Schemes e.g. Best Bar None and Pub Watch
• Up to max 30% discount
16
Late Night Levy
Coming to a town/ city near you…
1. Newcastle - Consultation on Levy, to apply between midnight and
06:00hrs. Consultation closed on 30th April 2013. Licensing have
reviewed the information obtained from the consultation and reported
to the Licensing Committee on 19th June 2013. Will now progress to the
Council’s Cabinet on 26th June 2013 and possibly full Council on 3rd July
2013.
2. Milton Keynes – Consultation on Levy, to apply between 01:00hrs –
06:00. Consultation closed 18th May 2013. Hearing date set for 26th June
2013 at 18:00.
3. York – Licensing confirmed following a meeting on 7th May 2013, City of
York Council’s cabinet agreed to commence a formal consultation shortly
on Late Night Levy. Licensing Officer has prepared a LNL document,
however no dates/times have been set for possible public consultation.
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Late Night Levy cont...
4.
5.
6.
7.
City of London Corporation – Licensing confirmed City of London will
begin a consultation on a proposed Levy on 10th June 2013 which will
cease on 6th September. Originally proposing a levy from either midnight
to 06:00 or 01:00 to 06:00. The consultation document leaves the time
period open so as to gain all opinions (beyond 03:00, any other
time/exemptions etc.)
Woking – Consultation has now commenced on Late Night Levy between
00:00 and 06:00 (last date/time for representations is 16:45 on 23rd
August 2013).
Islington – Licensing confirmed the Council Director is talking with
Borough Commander and wants assurance that any LNL revenue will be
spent in Islington.
Camden – Initial pre-consultation on both EMRO and Levy ended
January 2013. There is more interest in a Levy than an EMRO; however
the Licensing Officer would like confirmation on how Police would spend
income from levy.
Late Night Levy ...cont..
8.
Cheltenham – Licensing confirmed consultation on proposed Levy will
begin on 3rd June and end on 26th August 2013. Proposed levy from
00:01.
9. Chelmsford – Licensing confirmed that there is a preference for a
voluntary scheme. However, if this cannot be agreed then a Levy may be
the next consideration.
10. Maldon – Similar to Chelmsford in that they may consider the LNL at a
later stage but they prefer a voluntary scheme.
11. Plymouth – Licensing confirmed there was pre-consultation of both Levy
and EMRO, however the Licensing Authority are awaiting Police data
prior to proceeding further.
12. Leeds – Licensing officer confirmed informal discussions had taken place
to consider the Levy. Possible Committee date of 25th June 2013.
Late Night Levy ...cont..
13. Liverpool – Licensing confirmed there was a Committee meeting on 24th
April 2013. Licensing has been tasked to calculate Levy figures and
possible income it will generate. Should be able to obtain further
information end of June.
14. Brentwood – Public talk on 10th June regarding all 3 x matters (EMRO,
LNL, CIP). Report will now be produced but by no earlier than
September. General opinion is there is not enough evidence and that a
Pubwatch/voluntary contribution scheme will be preferred.
15. Bristol – The meeting held on 23rd May 2013 was a pre-consultation
meeting. According to licensing officer the meeting was held to listen to
views around the LNL power, no decision has been taken that we will
formally be going down this road at this time. Recommendations were
made to Council on 10th June and will be looked at again in December.
EMROs
(Early Morning Restriction Orders)
• Designed to address recurring problems, such as high levels of alcohol
related crime and disorder, serious public nuisance and other incidents of
alcohol related anti social behaviour which is not directly attributable to
specific premises
• Applies to supply of alcohol authorised by premises licence, club premises
certificate and temporary event notices
• Applies to any period beginning at or after midnight and ending at or
before 06:00hrs
• NB Does not have to apply on every day of the week and can apply for
different time periods on different days of the week.
21
EMROs
(Early Morning Restriction Orders)
• Applies to the whole or any part of the Licensing Authority area
• Will not apply on New Year’s Eve or supply of alcohol to residents or s.172
relaxation of licensing hours
• Possible donutting effect
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EMROs
(Early Morning Restriction Orders)
• Licensing Authority should be satisfied it has sufficient
evidence to demonstrate its decision is appropriate for the
promotion of the licensing objectives
• Prior to introduction of the EMRO, the Licensing Authority
should consider whether other measures may address the
problems they identify (e.g. introduce a CIP, review licences,
encourage business led best practice schemes)
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EMROs
(Early Morning Restriction Orders)
Process
• Proposed EMRO must be advertised
• Minimum of 42 days to allow for representations
• Consult licence holders in area affected
• Must hold hearing no later than 30 days after the
representation period to consider relevant representations
about likely effect on licensing objectives (narrow
interpretation)
• Decision to be made in 10 days
24
EMROs
(Early Morning Restriction Orders)
Coming to a town/ city near you…
1.
2.
Hartlepool – EMRO proposed from 02:00 – 06:00. Consultation started
on 14 February 2013 and finished 28th March 2013. Hearing set 7th May
2013. The proposed EMRO would come into force on 13th August 2013
and apply to the general town centre area of Hartlepool incorporating,
amongst others, Victoria Road and adjoining streets, Church Square and
Church Street and adjoining street. – OUTCOME – Committee rejected
the EMRO. Will be considered (possibly) in approx 1 year.
Blackpool – Council confirmed consultation on EMRO proposal 13th June
2013. Last date for reps 25/07/2013. Proposed from 03:00 and
designated area on map. Alcohol sales on Xmas day as well as New
Year’s Day to be exempt.
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EMRO (Locations) ..cont..
3.
4.
5.
6.
Chesterfield – Council considering EMRO consultation. Needs to be
considered by Chief Executive, Scrutiny, and the Cabinet prior to reaching
Licensing Committee – more details to follow. Consultation may be end
of July/early August.
Norwich – Licensing confirmed that there have been proposed 3 x EMRO
zones all 03:00 to 06:00 (Mon to Fri), 03:45 to 06:00 (Sat to Sun). This
was agreed at Licensing Committee but needs to be further agreed by
Full Council Committee on 25 June 2013. Once approved, consultation
will begin.
Camden – Initial pre-consultation took place in January 2013 and there as
little interest. However, this may change depending upon the outcome of
the LNL situation.
Guildford – Licensing confirmed there were initial talks of a 01:00hrs
EMRO, but also looking at the possibility of a BID.
EMRO (Locations) ..cont...
7.
Northampton – Licensing confirmed there were lots of responses to
informal public consultation (both positive and negative). The
Committee will look at the information report on 18th June 2013. –
OUTCOME – Committee rejected the idea so it will not proceed.
8. Plymouth – Licensing confirmed there was a pre-consultation of both
Levy and EMRO. However the Licensing Authority are awaiting Police
data prior to proceeding further.
9. Warrington – Initial discussions have taken place as the Licensing Officer
confirmed there had been Police interest. Nothing has progressed so far.
10. Weymouth – There was a Committee meeting held on 7th February 2013
it was decided it was best to hold back for a year before considering
implementing and analysing statistics to warrant proposing EMRO.
EMRO (Locations) ..cont..
11. East Hertfordshire – Licensing confirmed EMRO to be discussed at July
Committee, possibly propose 01:30 to 06:00. At present no confirmation
as to proposal on specific areas, the Police to produce report in order to
decide this. UPDATE – NO LONGER PROCEEDING.
12. West Lancashire – Licensing confirmed Police gathering information for
EMRO. Informal consultation is taking place – last date for
representations was 7th June 2013. Mixed response – will go before
Committee on 16th July 2013.
13. Watford – Licensing Officer confirmed that they may seek to introduce an
EMRO in the Autumn if alcohol related crime and disorder issues cannot
be resolved.
14. Sunderland – Licensing confirmed Police have been consulted; however
there has been no formal decision to proceed.
EMRO (Locations) ..cont..
15. Liverpool - Committee meeting took place on 24th April 2013 – Licensing
Officer is to gather further information before a formal decision will be
made. Should be able to obtain further information at the end of June.
16. Forest Heath – Licensing have confirmed there were initial talks in
October/November 2012. Looking to draft a paper on EMRO to be
considered by Licensing Committee, possibly in June.
17. Barnsley – Possibly consider the EMRO but no plans to consult until the
end of the year (at the earliest).
18. Lewisham – Slight interest from the Police but no further developments
as of yet.
19. Brentwood – Public talk on 10th June regarding all 3 x matters (EMRO,
LNL, CIP). Report will now be produced but by no earlier than
September. General opinion is there is not enough evidence and that a
Pubwatch/voluntary contribution scheme will be preferred.
EMRO (Locations) ..cont..
20. Kingston Upon Thames – Licensing Committee decided on 9th May 2013
that they will not look to consider a Levy. Instead they are looking into an
EMRO (suggested 03:00). They will gather evidence in conjunction with
Police. Next Licensing meeting in October 2013.
21. Woking – Questionnaire circulated as part of the formal LNL consultation.
No proposed hours provided at this stage.
22. Swindon – Police interest, so Licensing are due to prepare a report prior
to any further movement.
23. Bristol – EMRO discussed at Council on 10th June 2013 as part of
discussions re LNL. Will be looked at again in December.
EMRO and Levies –
What can you do?
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Share Information
Talk to your Trade Organisations
Talk to your Local MPs
Engage with Police and Local Authorities
Nip it in the bud
Once the ball starts rolling – it’s hard to stop
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Other stuff
1. Surveillance camera, Code of Practice:•
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Proportionate response;
Justification for blanket conditions;
Regular review
Other Stuff..cont...
2.
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Fees
Hemming case;
Full cost recovery?
Only the cost of allowing the authorisation is
recoverable?
Lower annual fees;
Two tier system;
What about multifplyer?
Other Stuff...cont...
3. Live Music Act;
• Live amplified music – 8am – 11pm, (maximum
audience 200);
• Live unamplified music – 8am – 11pm, (no
audience limit);
• Can use in unlicensed spaces/workplaces;
• If unlicensed and not a workplace only unamplified;
• Disapplication of live music related conditions until
review.
Other Stuff...cont..
4. Deregulation of regulated entertainment;
• Relates to limited capacity premises (500 or
1000 for indoor sports);
• 8am – 11pm;
• Plays, performance of dance and indoor
sports - 27th June;
• Recorded music – May 2014?
Thanks for listening!
•Any questions?