Agenda item

Purpose: To update Members on the introduction of the provisions for the Late Night Levy (LNL) and the Early Morning Restriction Order (EMRO) as provided for in the Police Reform and Social Responsibility Act 2011, which amends the Licensing Act 2003.

The Committee considered a report (Agenda Item 6) asking Members to decide whether to consult on adopting the Early Morning Restriction Order (EMRO) and Late Night Levy (LNL) or to await further Government guidance and maintain a watching brief on other local authorities. Julia O’Brien introduced the report.

The Chairman stated that any final decision had to be made by Full Council. He clarified for the Committee that both an EMRO and an LNL could be introduced. An EMRO would take temporary affect at the request of Thames Valley Police (TVP). Any income generated by an LNL would be split with 70% going to TVP and the Police and Crime Commissioner (PCC); 30% going to West Berkshire Council. Brian Leahy had been in discussion with TVP and the PCC had delegated funds to the Local Superintendent, who in turn had delegated funds to the Crime Reduction Partnership, which was under the Council’s control. Other measures were being undertaken to ensure anti-social crime was kept under control by the Business Improvement District (BID) and West Berkshire Council (WBC). He concluded that this decision could be returned to a future Committee for reconsideration.

Councillor Quentin Webb noted that the LNL gave decreasing returns and was probably meant for larger urban areas, which were not present in this district. He felt he would rather delay the decision and was aware that TVP might not have sufficient resources to enforce the measures if the Committee was minded to approve.

Councillor Paul Bryant reiterated Councillor Webb’s points and continued that unless a problem arose, he could see no value in the consultation.

Councillor Jeff Beck brought to the Member’s attention that funds raised from the LNL could be used towards funding Taxi Marshals or wet cleaning, for example.

Councillor David Holtby asked if the LNL could be imposed on one premise. Julia O’Brien explained that it would affect the whole district and was therefore not as flexible as an EMRO.

Councillor Adrian Edwards asked Officers which Levy band a nightclub would be in. Julia O’Brien answered that it would probably be band D or E. Councillor Edwards concluded that it seemed unreasonable that premises which caused the most problems, might not be charged the most levy and therefore the EMRO might be the preferable option.

Councillor Mollie Lock concurred with Councillor Webb that the Committee should wait until there was more Government guidance.

Councillor Geoff Mayes asked Officers where most problems occurred. Brian Leahy explained that incidents happened between 5-6am at ‘all-night’ pubs. However, crime and alcohol related crimes were declining across the Thames Valley, which was already one of the lowest in the country.

Councillor Ieaun Tuck queried if supermarkets would be covered by an EMRO. Julia O’Brien answered that they would be included and further suggested that an EMRO could be a useful tool. Currently, if TVP called a review of premises causing problems, the premises could apply to the Magistrates Court and continue trading.

Councillor Geoff Mayes asked when Government guidance was expected. Brian Leahy confirmed that the act was being introduced in June 2013 and therefore guidance would be expected approximately four months later.

Councillor Lock suggested that the decision be brought back to the December 2013 meeting.

Brian Leahy observed that other controlling mechanisms such as the ‘Purple Flag’ and ‘Best Bar None’ were ongoing and it would be useful to wait and see if these addressed the current situation.

Councillor Lock proposed that the decision to consult on the EMRO and LNL be postponed until the Committee meeting on 16 December 2013. Councillor Bryant seconded.

At the vote the proposal was unanimously approved.

RESOLVED that the decision be brought back to the Committee at the meeting scheduled for 16 December 2013.