Industry body calls for planning and licensing reforms to protect night time economy

Local authorities should have a duty to create a local night-time strategy, local plans should set out express protections for the night-time economy, and Parliament should legislate for remote licensing meetings, the Night Time Industries Association (NTIA) has said. 

These proposals are among the recommendations in a NTIA manifesto titled 'Darkest before the Dawn' published today (24 October).

Authored by Philip Kolvin KC of 11KBW, the manifesto's 44 recommendations aim to prevent a downturn in the night time economy, which the NTIA says is in a "precarious state" with 31% of the sector closing in the past three years.

The manifesto says there should be a national strategy for the night-time economy and that local authorities should be under a duty to have regard to that national strategy when exercising relevant functions.

The manifesto suggests a "modest amendment" to the Local Government Act 1972 to require a local authority to produce a night time strategy, to which the authority would also have regard when exercising relevant functions, including planning and licensing.

It also says local authorities should identify and facilitate late-night zones, promote 'night time enterprise zones'' and consider the establishment of a cultural industries quarter.

The planning system should also provide for cultural heritage designation of night-time venues and local plans should protect local authenticity in the night-time economy, according to the manifesto.

Meanwhile, recommendations relating to licensing call for Parliament to legislate for remote licensing meetings, and the concept of proportionality to be embedded in the Licensing Act 2003.

The manifesto describes proportionality as the "touchstone of good regulatory practice".

It adds: "In essence, it means that any intervention (such as a refusal or revocation or the addition of a condition) is at the lowest level required to achieve the objective in question.

"In making that assessment, the licensing authority should take a risk assessment approach by considering the risk, the likelihood of its occurring and the severity of the consequences, so as to avoid imposing disproportionate burdens. The concept of proportionality is an essential tool to avoid over-regulation, and should be used with substance and rigour."

Alongside this, the Government should take action to reduce the cost and increase the speed of appeal proceedings, the manifesto says.

Philip Kolvin KC said: "Pubs, nightclubs, and music venues are the bedrock of popular culture, particularly for young people, but for many years have been closing at an unsustainable rate.

"The financial challenges they now face often appear overwhelming. Darkest before the Dawn advocates a paradigm shift, requiring policymakers to view the night time economy as a social good to be celebrated and protected, and not just regulated.

"It shows how a strategic, systematic, and creative approach to governance of the sector will help to drive its revival for the economic and cultural benefit of the nation."

Michael Kill, CEO of the Night Time Industries Association, added: "The Night Time Economy Manifesto represents a pivotal moment in the history of our industry. It showcases the vital role our nighttime businesses can play in shaping both national and local night time economy strategy."

Sacha Lord, Night Time Economy Advisor for Greater Manchester, meanwhile said the manifesto "should be treated as the bible for our industry" and strongly urged politicians to read and adopt the document.

Adam Carey