Licensing committee rejects plans for Early Morning Restriction Order

The licensing committee at Blackpool has decided not to recommend the adoption of an Early Morning Restriction Order to full council.

The EMRO, which would have been the first in the country had it been implemented, would have prevented alcohol being served between 3 am and 6 am in a defined area of the town centre. A total of 22 premises would have been directly affected by the proposal.

After a four-day hearing last week, the committee at Blackpool Council found that:

  • It was common ground between the parties that there were significant levels of violent crime within the town centre and that something had to be done about this.
  • Whilst positive action was required, this EMRO was not appropriate in the circumstances. “Having considered the evidence, the committee did not feel that the EMRO would have a positive effect on violent crime in the EMRO hours or overall.”
  • The evidence confirmed that the overwhelming majority of ‘troublemakers’ were from an FY postcode and that the so-called ‘stag’s’ and ‘hen’s’ were not the main protagonists of the crime.
  • It was mindful that essentially there were two main operators trading in the area after 3 am, and that there was limited criticism of these operators overall.
  • It was not convinced that ‘turning off the tap’ at 3 am would have a positive impact on the prevention of crime and disorder. One effect might be that a great number of individuals would be spilling out onto the streets at the same time and this had the potential for increased levels of crime, disorder and nuisance.
  • There was a real risk that patrons would ‘hoard’ drink in anticipation of any 3 am terminal hour and that this also mitigated the ‘turning off any tap’ at 3 am.
  • The totality of the evidence confirmed that the troublemakers responsible were in the clear minority “and that the cause of such trouble could not be ‘laid at the feet’ of alcohol consumption within the so-called EMRO hours”.
  • It concluded that the likely cause was linked to the consumption of alcohol prior to 3 am.
  • It was concerned about the potential negative impact of the EMRO on Blackpool as a whole. “Whilst no person could accurately predict the extent of that impact, it was concerning that some investment had been placed on hold and it was likely that there would be some negative impact that reached further than those premises trading in the EMRO area.”
  • Having regard to the proportionality of the EMRO, it noted the extent to which an EMRO could be employed and the police’s assertion that its proposal was modest. However, the committee was concerned that the behaviour of the minority was affecting operators who it was not being said were responsible.

The committee said it was of the view that, in refusing the EMRO, there was nevertheless the need for some positive action within Blackpool.

It recommended that the council should support the formation of a multi-agency night time economy working group. This group should present its initial recommendations to the committee within three months of its creation.

The committee also said that the council’s chief executive should write to the chief constable of Lancashire Constabulary requesting him to give urgent consideration to increasing the levels of policing in the night time economy, “having regards to the licensing committee’s stated view that additional police officers deployed in strategic locations reduce crime and disorder within the night time economy”.

Such letter should request the chief constable to report back to the committee within three months, it added.

A number of leading lawyers attended the hearing in Blackpool, including Gerald Gouriet QC of Francis Taylor Building (for the Association of Licensed Multiple Retailers), Philip Kolvin QC of Cornerstone Barristers (for the police), and John Gaunt of John Gaunt & Partners (for the owners of Funny Girls).

This is the second occasion on which proposals for an EMRO have been rejected. The other council to reject such a plan was Hartlepool Borough Council.