Following its consultation in the summer, the Government has announced its final proposals to overhaul licensing law in England and Wales.  The Police Reform and Social Responsibility Bill which includes most of these proposals, received its First Reading in the House of Commons on 30 November 2010. We take an in-depth look at what’s in it. Today, we consider the proposals concerning Early Morning Restriction Orders, persistent sales of alcohol to children and licensing policy statements.

early morning restriction orders

As we reported, the Government proposes to introduce the Early Morning Restrictions Orders (EMROs) passed by the last Parliament, but to make them more restrictive. Licensing Authorities will be able to prevent premises from selling alcohol between the hours of midnight and 6:00am every day.

This would apply to all premises with a Premises Licence, Club Premises Certificate or TEN. It would have effect on all of these authorisations whether or not they were applied for before or after the order comes into effect.

There is some flexibility in the way in which an EMRO can be imposed, in that Licensing Authorities can choose different periods for different days (e.g. from midnight until 6:00am on Mondays to Wednesdays and from 2:00am to 6:00am on Thursdays to Sundays). EMROs can also be imposed on the whole or part of a Licensing Authority’s area and for a limited or unlimited period.

This will allow Licensing Authorities more discretion over licensing hours in their area, allowing them to create fixed closing times and to set hours in particular zones. There is some evidence that extended licensing hours and staggered closing times has some benefit in controlling crime and disorder associated with licensed premises. EMROs and Allowing Licensing Authorities to set their own hours – even within the boundaries of EMROs – has huge implications.

increased penalties for persistently selling alcohol to children

The fine for persistently selling alcohol to children (being caught selling alcohol to under 18s twice within three months) will be been doubled to £20,000. Furthermore, the Closure Order which can be imposed by the Police following persistent sales of alcohol to children (and which can be accepted by the Licensee to discharge all criminal liability for the offence) which until now has been up to 48 hours, may now be anything between 48 hours and 336 hours (14 days).

licensing policy statements

The Government is extending the period during which Licensing Policy Statements are in effect from three years to five years. Because issues may arise during the longer period which might necessitate a further change in policy, the Government has made provision for Licensing Policy Statements to be changed during the five years as long as a particular procedure is followed. It is interesting to note the Licensing Policy Statements currently being proposed to begin in January 2011 will now be in force for five years rather than three. Whether Licensing Authorities would have drafted them differently had they known that, remains to be seen. If so, then those Licensing Authorities face going through the process again quite quickly.

What do you think? Will these proposals affect your business? Please leave your comments below.

If you have any queries relating to this article, please contact either Lisa Croft, Michael Parrott or Rob Westwood-Payne on 01242 285855 or email us.

As this information has been prepared by Maitland Walker LLP as a general guide, we recommend you seek specific professional advice before acting on any information contained within it. No liability can be accepted by Maitland Walker LLP for any action taken or not taken as a result of this information.

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