Subscribe

'Dealing with the 'problems' of late night drinking' - JG&P commentary

Further to our item announcing the launch of this consultation (LINK), we have now had an opportunity to consider the detail and our commentary of the consultation and what it contains can be found in our article "Early Morning Restriction Orders and Late Night Levy Consultation".

Of particular concern to operators may be the fact that:

• On EMROs, it would appear that on the face of the consultation document there may be a hearing to determine the adoption of an EMRO following a short consultation period but not necessarily so and the consultation is silent on the status of operators in any such hearing, if in fact held. The primary legislation indicates that there must be a hearing but does not offer any clarification on the role of operators etc.
• On the Late Night Levy (LNL), although there is a longer period for consultation, the adoption of the levy thereafter would appear to be an administrative matter for the Licensing Authorities with only a requirement for approval by the full Council.

It might have been hoped that the consultation might have delved in greater detail into these and other matters relevant to the issues surrounding the adoption of either the LNL or an EMRO – something on which comment might be made in any responses to the consultation to be given?

The closing date for responses is 10 April 2012.