Research shows limited appetite among authorities for late night levies and EMROs

Just 10% of licensing authorities say they are likely to implement the late night levy, according to research conducted by leading law firm Poppleston Allen.

By contrast some 38% said they were unlikely to bring such levies in. The remaining respondents said they had not yet considered implementation.

Reasons given for not implementing levies included that they would not be fair and proportionate if covering the whole area, or they would not be financially viable given the 70:30 revenue split in favour of the police.

The survey also gauged licensing authorities’ intentions in relation to Early Morning Restriction Orders.

This found that fewer than 5% were likely to implement these orders. Almost half (44%) said they were unlikely to, while almost 52% had not yet considered the issue.

Publication of the Poppleston Allen research results comes just  a couple of weeks after the Home Office launched a consultation on late night levies and EMROs.

Under the Police Reform and Social Responsibility Act 2011, local authorities can charge a levy for late-night licences to contribute to the cost of extra policing.

In relation to EMROs, a new power will allow licensing authorities to restrict the sale of alcohol in all or part of their areas between midnight and 6 am.

Jonathan Smith, managing partner at Poppleston Allen, said: “Licensing authorities’ view on the late night levy and Early Morning Restriction Orders are hardly a ringing endorsement of the Government’s ‘re-balancing’.”

Smith added that some authorities questioned the necessity of EMROs on the basis that there were already sufficient powers and tools available to effectively deal with any issues.

“Several authorities thought Early Morning Restriction Orders reminiscent of the old Alcohol Disorder Zones, and didn't want a local area labelled as a tourist no-go zone,” he said.