designed to provide local authorities with general guidance on ... Night Levy, the licensing authority must ... The Late
ALCOHOL CONTROL Late Night Levy
ALCOHOL CONTROL LATE NIGHT LEVY Author: Nikhil Gokani Consultant in Public Health Law; University of Liverpool
© UK Health Forum 2014 Published November 2014
UK Health Forum Fleetbank House 2-6 Salisbury Square London EC4Y 8JX
www.ukhealthforum.org.uk The UK Health Forum is a charitable alliance of professional and public interest organisations working to reduce the risk of avoidable non-communicable diseases by developing evidencebased public health policy and supporting its implementation through advocacy and information provision.
Contents Background ................................................................................................................................................................... 2 How does the late night levy work? .................................................................................................. 2 In Focus .......................................................................................................................................................................... 5 How to introduce the late night levy ................................................................................................ 5 Deeper Insight ...........................................................................................................................................................10
In proposing and implementing the Late
Background
Night Levy, the licensing authority must follow various rules, including those set
Alcohol and the late night levy This
guidance
document
has
out in: (a) Police Reform and Social Responsibiltiy
been
designed to provide local authorities with general
guidance
on
their
powers
to
introduce and use Late Night Levies. It is a part of a series of resources on local alcohol control measures published by the
Act 2011; (b)
Late
Night
Levy
(Application
and
Administration) Regulations 2012; and (c) Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012.
UK Health Forum on the Healthy Places website. This
document
offers
a
unique
combination of the legislative framework, case law, national guidance and good practice
into
a
single
source
of
inspiration. Its legal content has been designed
to be
accessible
to a wide
range of local authority employees as well as other public health professionals.
How does the late night levy work? All licensing authorities (1) are empowered to introduce a Late Night Levy covering their area. (2) What is the Effect of a Late Night Levy? The Late Night Levy permits a licensing
Local Authorities and the Late Night Levy
authority to charge holders of Premises
The late night levy was introduced by the
levies
Police Reform and Social Responsibiltiy Act 2011. It enables licensing authorities to
require
contributions
from
order
to
generate
if
they
are
authorised
to
sell
alcohol during the time and periods set out in the levy. (3)
alcohol
suppliers who operate during late nights, in
Licences and Club Premises Certificates
Desirability of a Late Night Levy
additional of
The desirability of the Late Night Levy is
enforcement that the late night alcohol
a decision for the licensing authority. It
economy generates.
should
contributions
towards
the
costs
be
taken
in
conjunction
with
consultation with police, local residents
2
and
local
licence
holders,
taking
into
account local circumstances. In considering the decision to introduce the
levy,
the
licensing
authority
must
consider the costs of policing and other arrangements
for
prevention
crime
of
the
reduction
and
disorder
or in
connection with the supply of alcohol between midnight and 6 am; and having regard to those costs, the desirability of raising the revenue. (4) The utility of the Late Night Levy will be determined partly by the financial revenue it
raises.
The
levy
should
cover
the
licensing authority’s costs of implementing and
administering
it,
and
generate
sufficient funds for it to remain viable. In predicted
future
revenues,
licensing
authorities should note that the income generated will depend on the number of premises in the authority’s area, but initial estimates may prove inaccurate depending on how many licenses are varied in order to avoid being the subject of the charge.
3
Notes 1 2 3 4
Usually a district council, county council where there is no district council, or borough council in London: Licensing Act 2003, s 3. Police Reform and Social Responsibiltiy Act 2011, s 125(2). Police Reform and Social Responsibiltiy Act 2011, s 127(1). Police Reform and Social Responsibiltiy Act 2011, s 125(3).
4
In Focus How to introduce the late night levy
• Propose levy design 1
• Consultation 2
• Finalise levy 3
• Publicise levy 4
5
However, the licensing authority is entitled to
How to introduce the late night levy: Step 1
exclude
certain
premises
from
the
scope of the levy. (4) These ‘permitted exemption categories’ include hotels which only sell alcohol to guests, theatres and
Step 1: Propose levy design
cinemas for patron consumption, bingo halls
and
community
amateur
sports
The ultimate success of the levy will
clubs. Premises which are authorised to
depend largely on its design. As part of
sell alcohol between midnight and 6am
the
only on New Year’s Day can also be
licensing
authority’s
initial
viability
investigations, and before any consultation
exempted. (5)
takes place, the authority will need to develop a proposal for the terms of the
How much will be charged?
levy. These considerations, subject to any changes following consultation, will form
The
the terms of the levy. (1)
nationally and is calculated with reference
value
of
the
levy
is
determined
to a premises’ rateable value. (6)
At what times will the levy apply? However,
the
licensing
authority
may
The levy can only apply at fixed times,
permit a 30% reduction in the levy for
which must begin at or after midnight,
premises which are a part of a best
and end at or before 6am. (2)
practice scheme. (7)
As the days cannot be selected, the
How
licensing authority may choose to select
authority retain?
much
revenue
will
the
licensing
provides
for
specific
hours which best target the times during which
the
more
difficult
problems
in
relation to the sale of alcohol arise.
The
legislation
calculations to determine how much of the
revenue
the
licensing
authority
is
Which premises will the levy apply to?
entitled to keep. (8)
The legislation specifically prohibits the
The net revenues of the levy, after taking
licensing authority from selecting the area
into account the costs of administering
to which the levy applies – it must apply
the levy, (9) must be shared with the
to all areas. (3)
local policing body. This must be at least 70%. (10)
6
licenses of affected premises, the local The licensing authority’s share must be
policing body and the chief of police. (15)
used, in connection with the supply of
Consultation
alcohol between midnight and 6am, for: (a) the reduction or prevention of crime and disorder;
The licensing authority must consult with
(b) the promotion of public safety;
several
(c) the reduction or prevention or public
local policing body, the chief officer of
nuisance; or
police, and holders of licenses affected
(d)
the
cleaning
of
relevant
land
or
prescribed
bodies,
namely
the
by the levy. (16)
highways in its area. (11) Although there are no requirements to The
remainder
of
the
passed
onto
the
local
(usually
the
elected
levy
must
be
consult members of the public or other
body
local stakeholders, it would be advisable
Crime
to make them aware of the proposals
policing
Police
and
Commissioner), (12) which is entitled to
and gather their views.
use the funds as part of its general budget.
How to introduce the late night levy: Step 2
Details
of
the
proposed
ideally
be
set
out
in
a
levy
should
consultation
document, which would give details of the terms of the proposed levy together with the licensing authority’s plan for allocating the generated revenues. (17) The length
Step 2: Consultation
and format of the consultation is left to licensing
Notice
authorities,
but
should
be
proportionate and sufficiently targeted to achieve its purpose. (18)
The
licensing
authority
must
publish
notice of the proposal on its website. This must include the date on which the levy is proposed to begin together with details of the application period, any exemptions and reductions, and the proportion of the net levy to be paid to the police. (13) Notice must also be published in a local newspaper; (14) and sent to holders of
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How to introduce the late night levy: Steps 3&4
period, any exemptions and reductions, and the proportion of the net levy to be paid to the police. (21) Notice must also be published in a local
Step 3: Finalise levy After
having
newspaper; (22) and sent to holders of
consulted
the
relevant
bodies, the licensing authority will be in a position to either withdraw its proposal, make
amendments,
or
continue
as
proposed. It is recommended that the licensing
authority
makes
any
final
decision to introduce, vary or withdraw
licenses of affected premises, the local policing body and the chief of police.
(23) The
licensing
authority
should
notify
neighbouring authorities and the Home Office. (24)
the levy in full council. (19) It is also recommended that the levy does not start until at least three months after affected license holders have been notified of its adoption. This would allow licensing holders
authorities two
to
months
to
give
license
submit
any
applications to vary their licence. After
reviewing
the
levy,
the
licensing
authority is entitled, but not required, to withdraw the levy or vary its terms. (20) It must, however, follow the consultation and publicity procedures set out in Step 2. Step 4: Publicise levy The
licensing
authority
must
publish
notice of the levy on its website. This must include the date the levy will begin together with details of the application
8
Notes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Police Reform and Social Responsibiltiy Act 2011, s 132. Police Reform and Social Responsibiltiy Act 2011, s 126(4). Police Reform and Social Responsibiltiy Act 2011, s 125(4). Police Reform and Social Responsibiltiy Act 2011, s 127(2)-(3). Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012, reg 4. Late Night Levy (Application and Administration) Regulations 2012, reg 4. 1 Police Reform and Social Responsibiltiy Act 2011, s 128(2)-(3); Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012, reg 5. Police Reform and Social Responsibiltiy Act 2011, s 130-131. Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012, reg 3. Police Reform and Social Responsibiltiy Act 2011, s 131(4). Police Reform and Social Responsibiltiy Act 2011, s 131(2)(b; Late Night Levy (Application and Administration) Regulations 2012, regs 8(2). Police Reform and Social Responsibiltiy Act 2011, s 131(2)(a). Late Night Levy (Application and Administration) Regulations 2012, regs 9(1)(a)(ii), 9(3)(a) & 9(4). Late Night Levy (Application and Administration) Regulations 2012, regs 9(1)(a)(ii) & 9(3)(b). Late Night Levy (Application and Administration) Regulations 2012, regs 9(1)(a)(ii) & 9(3)(c). Late Night Levy (Application and Administration) Regulations 2012, regs 9(1)(a)(i) & 9(2). ‘Amended Guidance on the Late Night Levy’ (December 2012, Home Office), para 1.11. ‘Amended Guidance on the Late Night Levy’ (December 2012, Home Office), para 1.12. ‘Amended Guidance on the Late Night Levy’ (December 2012, Home Office), para 1.4. s 133. Late Night Levy (Application and Administration) Regulations 2012, regs 9(1)(b), 9(3)(a) & 9(4). Late Night Levy (Application and Administration) Regulations 2012, regs 9(1)(b) & 9(3)(b). Late Night Levy (Application and Administration) Regulations 2012, regs 9(1)(b) & 9(3)(c). ‘Amended Guidance on the Late Night Levy’ (December 2012, Home Office), para 1.14.
9
change in response to any successful
Deeper Insight
further
Varying the license in response to the levy
support
The holder of a relevant licence may
Any
seek to vary their authorisation in order
approving
that
fall
seek expert advice, as there is a strong
within the terms of the levy. The licensing
possibility that such a decision could be
authority must make arrangement for this,
successfully challenged by way of appeal
and it cannot make a charge for an
or judicial review.
their
authorisation
applications
for
variation.
This
interpretation of the legislation is likely to Parliamentary
intention
more
consistently.
does
not
licensing
authority
temporary
considering
conditions
should
application for variation. (1) Licence holders may consider making an application for a variation to reduce the licensing
hours,
which
includes
a
condition that the variation shall apply only during the existence of the levy. Such
applications
are
designed
in
particular to avoid the need to vary a licence to increase authorised hours in the event the levy is withdrawn. This becomes particularly important in an area with a Cumulative Impact Policy which raises a rebuttable presumption against increases in authorised hours. The
lawfulness
of
does
not
granting
such
a
provide
explicit
authorisation for conditional variations of licences
or
indeed
any
Essential reading This document must be read in conjunction with the following: Police Reform and Social Responsibiltiy Act 2011 Licensing Act 2003 Late Night Levy (Application and Administration) Regulations 2012 Late Night Levy (Expenses, Exemptions
conditional variation is far from certain. Legislation
Further reading
and Reductions) Regulations 2012 ‘Amended Guidance on the Late Night Levy’ (December 2012, Home Office)
temporary
conditions. Variations should be regarded as permanent changes, only subject to
10
Case studies For examples and case studies, visit the Healthy Places website. Further options For further options, advice and guidance on alcohol control for local authorities, and prevention of non-communicable diseases generally, visit our Healthy Places website.
11
Notes 1
Late Night Levy (Application and Administration) Regulations 2012, regs 9(1)(c) & 9(5).
12
Author: Nikhil Gokani Consultant in Public Health Law; University of Liverpool © UK Health Forum 2014 Published: November 2014 UK Health Forum Fleetbank House 2–6 Salisbury Square London EC4Y 8JX (Registered as a charity in England under number 803286)
www.ukhealthforum.org.uk @UK_HF
www.healthyplaces.org.uk @HealthyPlacesUK
Please note: This guidance is for information only and does not constitute legal or other professional advice. No guarantee is given on the accuracy or completeness of this general resource, which is intended only to stimulate further thought. The UK Health Forum is not responsible for links to external websites. Please read the terms & conditions on our website.
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