Licensing Update Are the curtains closing on the late night sector? 25 th June 2013

1. Licensing Update Are the curtains closing on the late night sector? 25th June 2013 Graeme Cushion • Partner Poppleston Allen c.eames@popall.co.ukmobile: 07866 436 464

2. Rebalancing the Licensing Act

3. Licensed Premises “The majority of licensed premises are well run businesses which provide a valuable service to the their local communities and the Government recognises the important roles which pubs can play as part of the fabric of neighbourhoods and villages.” - James Brokenshire, MP Ministerial Foreword to the Consultation, July 2010

4. The Political Pie • HEALTH • Alcohol Strategy • - Minimum Pricing • - Multi-buys • - Health Objective • DCMS • Live Music • Deregulation of Regulated Entertainment • HOME OFFICE • EMROs • Late Night Levies

5. Licensed Premises

6. Licensed Premises

7. Licensed Premises

8. Number of Violent Incidents where the victim believed the offender to be under the influence of alcohol Source: British Crime Survey

9. Impact of Licensing Act 2003 on Crime and Disorder – July 2007 • Peak time for serious violent crime + 1 hour • “Chaos feared and predicted had not come about” • “What can be said with a degree of confidence is that it has not made matters worse in the first year or so of the changes” Kings College research commissioned by the Home Office

10. Beer Consumption Source: British Beer & Pub Association

11. Outlets Serving Alcohol Actual Predicted Source: CGA Strategy Source: CGA Strategy

12. Late Night Levy • Enables the Licensing Authority to charge a Levy to persons who are licensed to sell alcohol late at night as a means of raising a contribution towards the cost of policing the late night economy • Decision is for the Licensing Authority to make, but they are expected to consider the need for the Levy with the Chief Officer of Police and the Crime Commissioner • Must consider if it is a viable option i.e. will it generate enough revenue

13. Late Night Levy • Apply to whole Licensing Authority area • Must apply to same time every day • Licensing Authority must consult with Premise Licence Holders • But no hearing – so no “opportunity” Licensing Authorities must consider • Costs of policing and other arrangements for reduction or prevention of crime and disorder and, in relation to those costs, the “desirability” of raising revenue

14. Late Night Levy • Late night supply period - determined by Licensing Authority between midnight and 06:00 • Reduce hours? – “free” minor variation • TENs (doesn’t apply) • Amount based upon Non Domestic Rateable Value

15. Late Night Levy Discretionary exemptions: • Premises with overnight accommodation • Theatres and cinemas • Bingo Halls • Community Amateur Sports Clubs • Community Premises • Country village pubs (rural settlement with population less than 3,000) • New Year’s Eve

16. Late Night Levy • Discretionary reductions for Best Practice Schemes e.g. Best Bar None and Pub Watch • Up to max 30% discount

17. Late Night Levy Coming to a town/ city near you… • Newcastle - Consultation on Levy, to apply between midnight and 06:00hrs. Consultation closed on 30th April 2013. Licensing have reviewed the information obtained from the consultation and reported to the Licensing Committee on 19th June 2013. Will now progress to the Council’s Cabinet on 26th June 2013 and possibly full Council on 3rd July 2013. • Milton Keynes – Consultation on Levy, to apply between 01:00hrs – 06:00. Consultation closed 18th May 2013. Hearing date set for 26th June 2013 at 18:00. • York – Licensing confirmed following a meeting on 7th May 2013, City of York Council’s cabinet agreed to commence a formal consultation shortly on Late Night Levy. Licensing Officer has prepared a LNL document, however no dates/times have been set for possible public consultation.

18. Late Night Levy cont... • City of London Corporation – Licensing confirmed City of London will begin a consultation on a proposed Levy on 10th June 2013 which will cease on 6th September. Originally proposing a levy from either midnight to 06:00 or 01:00 to 06:00. The consultation document leaves the time period open so as to gain all opinions (beyond 03:00, any other time/exemptions etc.) • Woking – Consultation has now commenced on Late Night Levy between 00:00 and 06:00 (last date/time for representations is 16:45 on 23rd August 2013). • Islington – Licensing confirmed the Council Director is talking with Borough Commander and wants assurance that any LNL revenue will be spent in Islington. • Camden – Initial pre-consultation on both EMRO and Levy ended January 2013. There is more interest in a Levy than an EMRO; however the Licensing Officer would like confirmation on how Police would spend income from levy.

19. Late Night Levy ...cont.. • Cheltenham – Licensing confirmed consultation on proposed Levy will begin on 3rd June and end on 26th August 2013. Proposed levy from 00:01. • Chelmsford – Licensing confirmed that there is a preference for a voluntary scheme. However, if this cannot be agreed then a Levy may be the next consideration. • Maldon – Similar to Chelmsford in that they may consider the LNL at a later stage but they prefer a voluntary scheme. • Plymouth – Licensing confirmed there was pre-consultation of both Levy and EMRO, however the Licensing Authority are awaiting Police data prior to proceeding further. • Leeds – Licensing officer confirmed informal discussions had taken place to consider the Levy. Possible Committee date of 25th June 2013.

20. Late Night Levy ...cont.. • Liverpool – Licensing confirmed there was a Committee meeting on 24th April 2013. Licensing has been tasked to calculate Levy figures and possible income it will generate. Should be able to obtain further information end of June. • Brentwood – Public talk on 10th June regarding all 3 x matters (EMRO, LNL, CIP). Report will now be produced but by no earlier than September. General opinion is there is not enough evidence and that a Pubwatch/voluntary contribution scheme will be preferred. • Bristol – The meeting held on 23rd May 2013 was a pre-consultation meeting. According to licensing officer the meeting was held to listen to views around the LNL power, no decision has been taken that we will formally be going down this road at this time. Recommendations were made to Council on 10th June and will be looked at again in December.

21. EMROs(Early Morning Restriction Orders) • Designed to address recurring problems, such as high levels of alcohol related crime and disorder, serious public nuisance and other incidents of alcohol related anti social behaviour which is not directly attributable to specific premises • Applies to supply of alcohol authorised by premises licence, club premises certificate and temporary event notices • Applies to any period beginning at or after midnight and ending at or before 06:00hrs • NB Does not have to apply on every day of the week and can apply for different time periods on different days of the week.

22. EMROs(Early Morning Restriction Orders) • Applies to the whole or any part of the Licensing Authority area • Will not apply on New Year’s Eve or supply of alcohol to residents or s.172 relaxation of licensing hours • Possible donutting effect

23. EMROs(Early Morning Restriction Orders) • Licensing Authority should be satisfied it has sufficient evidence to demonstrate its decision is appropriate for the promotion of the licensing objectives • Prior to introduction of the EMRO, the Licensing Authority should consider whether other measures may address the problems they identify (e.g. introduce a CIP, review licences, encourage business led best practice schemes)

24. EMROs(Early Morning Restriction Orders) Process • Proposed EMRO must be advertised • Minimum of 42 days to allow for representations • Consult licence holders in area affected • Must hold hearing no later than 30 days after the representation period to consider relevant representations about likely effect on licensing objectives (narrow interpretation) • Decision to be made in 10 days

25. EMROs(Early Morning Restriction Orders) Coming to a town/ city near you… • Hartlepool – EMRO proposed from 02:00 – 06:00. Consultation started on 14 February 2013 and finished 28th March 2013. Hearing set 7th May 2013. The proposed EMRO would come into force on 13th August 2013 and apply to the general town centre area of Hartlepool incorporating, amongst others, Victoria Road and adjoining streets, Church Square and Church Street and adjoining street. – OUTCOME – Committee rejected the EMRO. Will be considered (possibly) in approx 1 year. • Blackpool – Council confirmed consultation on EMRO proposal 13th June 2013. Last date for reps 25/07/2013. Proposed from 03:00 and designated area on map. Alcohol sales on Xmas day as well as New Year’s Day to be exempt.

26. EMRO (Locations) ..cont.. • Chesterfield – Council considering EMRO consultation. Needs to be considered by Chief Executive, Scrutiny, and the Cabinet prior to reaching Licensing Committee – more details to follow. Consultation may be end of July/early August. • Norwich – Licensing confirmed that there have been proposed 3 x EMRO zones all 03:00 to 06:00 (Mon to Fri), 03:45 to 06:00 (Sat to Sun). This was agreed at Licensing Committee but needs to be further agreed by Full Council Committee on 25 June 2013. Once approved, consultation will begin. • Camden – Initial pre-consultation took place in January 2013 and there as little interest. However, this may change depending upon the outcome of the LNL situation. • Guildford – Licensing confirmed there were initial talks of a 01:00hrs EMRO, but also looking at the possibility of a BID.

27. EMRO (Locations) ..cont... • Northampton – Licensing confirmed there were lots of responses to informal public consultation (both positive and negative). The Committee will look at the information report on 18th June 2013. – OUTCOME – Committee rejected the idea so it will not proceed. • Plymouth – Licensing confirmed there was a pre-consultation of both Levy and EMRO. However the Licensing Authority are awaiting Police data prior to proceeding further. • Warrington – Initial discussions have taken place as the Licensing Officer confirmed there had been Police interest. Nothing has progressed so far. • Weymouth – There was a Committee meeting held on 7th February 2013 it was decided it was best to hold back for a year before considering implementing and analysing statistics to warrant proposing EMRO.

28. EMRO (Locations) ..cont.. • East Hertfordshire – Licensing confirmed EMRO to be discussed at July Committee, possibly propose 01:30 to 06:00. At present no confirmation as to proposal on specific areas, the Police to produce report in order to decide this. UPDATE – NO LONGER PROCEEDING. • West Lancashire – Licensing confirmed Police gathering information for EMRO. Informal consultation is taking place – last date for representations was 7th June 2013. Mixed response – will go before Committee on 16th July 2013. • Watford – Licensing Officer confirmed that they may seek to introduce an EMRO in the Autumn if alcohol related crime and disorder issues cannot be resolved. • Sunderland – Licensing confirmed Police have been consulted; however there has been no formal decision to proceed.

29. EMRO (Locations) ..cont.. • Liverpool - Committee meeting took place on 24th April 2013 – Licensing Officer is to gather further information before a formal decision will be made. Should be able to obtain further information at the end of June. • Forest Heath – Licensing have confirmed there were initial talks in October/November 2012. Looking to draft a paper on EMRO to be considered by Licensing Committee, possibly in June. • Barnsley – Possibly consider the EMRO but no plans to consult until the end of the year (at the earliest). • Lewisham – Slight interest from the Police but no further developments as of yet. • Brentwood – Public talk on 10th June regarding all 3 x matters (EMRO, LNL, CIP). Report will now be produced but by no earlier than September. General opinion is there is not enough evidence and that a Pubwatch/voluntary contribution scheme will be preferred.

30. EMRO (Locations) ..cont.. • Kingston Upon Thames – Licensing Committee decided on 9th May 2013 that they will not look to consider a Levy. Instead they are looking into an EMRO (suggested 03:00). They will gather evidence in conjunction with Police. Next Licensing meeting in October 2013. • Woking – Questionnaire circulated as part of the formal LNL consultation. No proposed hours provided at this stage. • Swindon – Police interest, so Licensing are due to prepare a report prior to any further movement. • Bristol – EMRO discussed at Council on 10th June 2013 as part of discussions re LNL. Will be looked at again in December.

31. EMRO and Levies – What can you do? • Share Information • Talk to your Trade Organisations • Talk to your Local MPs • Engage with Police and Local Authorities • Nip it in the bud • Once the ball starts rolling – it’s hard to stop

32. Other stuff • Surveillance camera, Code of Practice:- • Proportionate response; • Justification for blanket conditions; • Regular review

33. Other Stuff..cont... • Fees • Hemming case; • Full cost recovery? • Only the cost of allowing the authorisation is recoverable? • Lower annual fees; • Two tier system; • What about multifplyer?

34. Other Stuff...cont... • Live Music Act; • Live amplified music – 8am – 11pm, (maximum audience 200); • Live unamplified music – 8am – 11pm, (no audience limit); • Can use in unlicensed spaces/workplaces; • If unlicensed and not a workplace only unamplified; • Disapplication of live music related conditions until review.

35. Other Stuff...cont.. • Deregulation of regulated entertainment; • Relates to limited capacity premises (500 or 1000 for indoor sports); • 8am – 11pm; • Plays, performance of dance and indoor sports - 27th June; • Recorded music – May 2014?

36. Thanks for listening! • Any questions?