Agenda item

Report of the Director of Markets and Consumer Protection (To Follow).

The Committee considered a report of the Director of Markets and Consumer Protection which set out that the Police Reform and Social Responsibility Act 2011 had introduced a power for licensing authorities to impose a Late Night Levy. Within the legislation there was a requirement to consult on various matters relating to a proposed levy prior to its introduction. The report highlighted that Members were informed of the proposed consultation process in a report to the Licensing Committee on 14 January 2013.

The Assistant Director, Environmental Health & Public Protection, explained that the City Corporation had now consulted on introducing such a levy with those persons licensed to sell alcohol after mid-night, licensing solicitors/barristers, Members, all other premises licensed to sell alcohol and relevant trade associations. There were 70 responses to the consultation, 34 were written responses and 36 responded online. 18 of these were from premises which currently had a licence to sell alcohol after mid-night, 16 from premises that currently had a licence to sell alcohol up to mid-night, 5 from residents, and 12 from Members (of whom 4 were residents) and 19 others. The ‘other’ category included trade representatives, solicitors and companies representing a number of licenced premises in the City of London.

It was noted that 67% of all respondents favoured the levy, with 27 of the premises selling alcohol after mid-night being represented in the responses, of which 70% were against the levy.

Appendices 4a – 4e of the report set out the full detailed responses.

The Assistant Director, Environmental Health & Public Protection, explained that the report requested Members to consider and decide whether the late night levy should be recommended to the Court of Common Council for adoption.

A discussion took place with reference being made to the following points:-

·     The Police Committee had considered the introduction of a levy and for monies to be used in the City for the enforcement of the night time economy.

·     The ‘Safety Thirst’ Scheme was being revamped and was in essence based on the City Corporation’s code of best practice and traffic light scheme.

·     Licenced premises that operated beyond mid-night would be able to amend/vary their licences at no extra cost if the levy was introduced from 00:01 – 06:00hours.

·     Newcastle City Council was the first local authority to introduce the levy with Islington Council recently agreeing to introduce the levy.

·     70% of the monies generated by the levy would be used for night time economy enforcement purposes by the City Police and the remaining 30% would be used by the City Corporation to ensure a cleaner and safer City. The final allocation of this portion would be decided by the Chairman and Deputy Chairman of the Licensing Committee in consultation with the Director of Markets and Consumer Protection.

Members proceeded to discuss any other reductions/exemptions from the levy, in particular to small business rate relief premises, and in response to a question by a Member the Licensing Manager pointed out that from initial investigations there were no such licenced premises which would be affected by the levy which fell into this category. A Member commented that some small business rate relief premises could also cause crime and disorder and also a noise nuisance and therefore further analysis and investigations would need to be explored with regard to how much they contributed to the night time economy.

Following a lengthy discussion a motion was proposed and seconded to have a reduction of the levy fee for small business rate relief premises. A vote took place with 6 in favour and 7 against the proposed reduction. It was agreed however that a reduction of 30% of the levy fee would be granted to premises operating between 00:01 and 06:00 where the premises had shown that they operated at the standard required to achieve the City of London Safety Thirst Award.

The Chairman proposed that a review of the operation and effect of the levy be carried out in 6 months.

Members then proceeded to consider the recommendations with the following being agreed.

RESOLVED – That Members agree the following:-

1.       That the Late Night Levy be applied in the City of London.

2.       That a recommendation be made to the Court of Common Council for the adoption of the Late Night Levy to be applied across the City of London to commence on the 1 October 2014 with the late night supply period set from 00:01 to 06:00 to all premises licensed to supply alcohol and, that the following be recommended to the Court of Common Council:

a.       A reduction in the Levy of 30% be granted to premises operating between 00:01 and 06:00 where the premises have shown that they operate at the standard required to achieve the City of London Safety Thirst Award;

b.       The proportion of the net amount of the levy revenue to be paid to the City of London Police be 70%;

c.       The final allocation of that portion of the levy to be used by the City Corporation to be decided by the Chairman and Deputy Chairman of the Licensing Committee in consultation with the Director of Markets and Consumer Protection;

d.       There were no premises which would fall into the ‘exempt’ category; and

e.       A review take place in 6 months and thereafter annually to review the operation and effect of the levy and reported to the Licensing Committee.