Council launches fresh consultation on late night levy after legal challenge

The London Borough of Tower Hamlets has halted plans to introduce a late night levy from the beginning of June, following a judicial review challenge by the Association of Licensed Multiple Retailers (ALMR).

The ALMR had claimed that there were flaws in the council’s consultation procedure.

The council has now launched a fresh consultation on its proposals for a levy.

The judicial review was lodged in April following Tower Hamlets’ decision to adopt the levy on 20 January with an implementation date of 1 June.

According to the ALMR, the council “accepted that it did not conduct the mandatory consultation on the implementation date for the levy and that the council’s documents were worded in such a way as to confuse consultees and were likely to mislead them”.

The organisation’s chief executive, Kate Nicholls, said: “Tower Hamlets Council’s consultation on its late night levy was flawed and denied businesses in the area a chance to engage knowing all the facts.

“Local authorities are required by law to propose a start date for the levy, which Tower Hamlets did not do. It also showed a fundamental misunderstanding of the legislation when it stated that any levy would only be applicable to those premises selling alcohol after midnight.

“The council may not have intentionally sought to deceive businesses, but the reality is that the consultation document omitted crucial information that was required by businesses to make an informed decision.”

The ALMR’s legal team comprised law firm Poppleston Allen and barristers Sarah Clover of Kings Chambers and Charles Streeten of Francis Taylor Building.

Tower Hamlets' Head of Service, Roy Ormsby,  said:“The money raised by the levy can be used for a range of activities and can be given to other agencies where they can assist in the reduction of crime, disorder or anti-social behaviour.

“Due to a challenge in our previous consultation process, we have decided to start the process again so will need businesses and residents to re-issue their responses. The Late Night Levy is one way to help fight crime which is why we want to hear from businesses and residents.”

The three-month consultation period began yesterday (24 May) and will close on Wednesday, 23 August.