The Government has published a consultation on the implementation of the Late Night Levy (Levy) and Early Morning Restriction Orders (EMROs) through regulations.
These are two of the measures introduced in the Police Reform and Social Responsibility Act which specifically relate to alcohol sales in the late night economy.

In launching the consultation Lord Henley, Minister of State for Crime Prevention and Anti Social Behaviour said “The Government is committed to ensuring that the Police and Local Authorities are given the right tools to address the alcohol related problems in their area, whilst promoting a vibrant night time economy for businesses and the community that they serve”.  

He added “The Late Night Levy and the extension of Early Morning Restriction Orders will enable Local Authorities to achieve this.  If local communities are concerned about premises that are open into the early hours of the morning and causing problems, then they should be able to respond flexibly”.
The Levy is designed to allow Licensing Authorities to raise contributions towards policing the late night economy from premises which are authorised to operate between midnight and 6.00am.  

EMROs will enable Licensing Authorities to impose a restriction on the sale of alcohol at any time between midnight and 6.00am.  
The consultation is seeking views on the details to be included in the regulations which will implement the Levy and EMROs.

In particular comments are requested on:-
• The process for adopting the Levy and EMROs.
• Categories of business which will be exempt from EMROs.  
• Categories of business which individual Licensing Authorities may chose to exempt from, or afford a reduction to, the Levy.
• The types of services which a Licensing Authority may fund from the Levy.

The introduction of the Levy or an EMRO would have a detrimental effect on operators of licensed premises.  For that reason it is important that operators respond to the consultation and support the measures which will reduce the impact on their businesses.

The consultation closes on 10th April 2012.  Details of how to respond to the consultation can be found on the Home Office website at www.homeoffice.gov.uk\aboutus\consultations.  Responses can be submitted on-line or by post by sending responses to:-
Drugs and Alcohol Unit, Home Office, 4th Floor, Fry Building, 2 Marsham Street, London, SW1P 4DT

Alternatively the Licensing Team at Fraser Brown are happy to help you with any queries you may have regarding this matter.