Late Night Levy

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The Council has decided to introduce a Late Night Levy from 1 November 2014.

http://www.islington.gov.uk/services/business-licensing/regulations/licences/Pages/Late-night-levy.aspx

All licensed premises in Islington authorised to sell alcohol between 00:01 and 06:00 hours will have to pay an annual levy of between £299 and £4,400, depending on their rateable value and whether the premises are primarily or exclusively used to sell alcohol for consumption on the premises.

The Council has decided to grant a 30% reduction to members of the Best Practice Scheme for Late Night Premises.

http://www.islington.gov.uk/services/business-licensing/regulations/licences/bestbarnone/Pages/Late-Night-Premises-Best-Practice-Scheme.aspx

Operators who currently have licences authorising sales of alcohol after midnight who do not wish to pay the levy can make a free minor variation application to reduce their licensed hours.

http://www.islington.gov.uk/services/business-licensing/regulations/licences/licensing_act/licensing_forms/Pages/Minor-Variations.aspx

Easter Weekend 2013

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Just a reminder to check your licensed hours for the pending Easter Weekend as these may be different to your normal trading hours, for example some licences still have the old Good Friday hours restrictions. Also, being the last Sunday of March, the clocks go forward one hour at 1am Easter Sunday morning, which effectively means 1am becomes 2am. Continue reading

Increase in Thefts

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Latest figures suggest that thefts from the person are up across London and that is supported by our local figures. Businesses, especially restaurants and bars, are reminded to be vigilant and remind customers to take care of their belongings. Apparently there have been issues in Islington with a group who have people that appear to have “Big Issue” sellers amongst them. They go into premises to sell the magazine and then take phones. The Big Issue can only be sold on the street so please do not allow people purporting to sell the magazine into your premises to trade.

Changes to Licensing Laws

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As mentioned at the recent Pubwatch meeting, the “Police Reform and Social Responsibility Act 2011” has recently been adopted as an Act of Parliament.  At present the Act is of no effect, however it is likely to take effect next year.  There are a number of changes to the current Licensing Laws which are set out below:

 Responsible Authorities / Interested Parties

  • TheLicensing Authority will be a Responsible Authority, which means Licensing Officers will be able to make representations and instigate reviews.
  • Primary Care Trusts and Local Health Boards also join the list of Responsible Authorities.
  • The term ‘interested parties’ has been replaced by ‘any other person’.  This means residents will no longer need to necessarily live within “the vicinity” of a premises in order to make a representation or licence review.

Temporary Event Notices

  • Police and Council EHOs will be able to object to TENS where they consider that the proposed activity is likely to undermine a licensing objective.  At the moment only the Police may object to a TEN taking place and this must be based on the grounds of crime prevention.
  • Conditions may be applied to TENS if the Licensing Authority considers it appropriate for the promotion of the licensing objectives to do so, providing the conditions are also imposed on a premises licence that has effect in respect of the same premises, and the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.  At present TENS are not subject to any conditions.
  • Provision has been made for ‘Late TENS’ which can be submitted up to 5 days in advance of the proposed event.  At present TENs must be made at least 10 working days before (no including the day of application and the first day of the event).
  • Where a TEN is served electronically on the licensing authority, they will be required to forward to the Police and EHOs by no later than the end of the first working day after the day on which the original notice was given to the authority.
  • Time limits relating to TENS have been relaxed, including the duration of activities which will increase from 96 hours to 168 hours.

Determination of applications

  • ’Necessary’ has been replaced with ‘appropriate’ in relation to the steps a licensing authority may take when determining applications / requests for review.  This essentially reduces the evidential burden on the Council when considering licence applications.

Sanctions

  • The fine for persistently selling alcohol to children will be doubled from £10,000 to £20,000.
  • The effect of a closure notice for persistently selling alcohol to children will have effect for ‘at least 48 hours but not more than 336 hours’(previously not exceeding 48 hours)

Early morning alcohol restriction order

  • Early morning alcohol restriction orders are a new facility for licensing authorities, and may be applied to different types of premises, to restrict the sale or supply of alcohol between the hours of midnight and 6am.

Licence Fee

  • Premises licences will be suspended on failure to pay the annual licence fee.
  • Subject to ministerial approval, the licensing authority will have the power to set fees on a cost-recovery basis. The costs may also include the costs incurred by other responsible authorities, e.g. planning authority.

 Licensing Policy Statements

  • Will be reviewable every 5 years. Currently the policy must be reviewed every 3 years. 

Late Night Levy

  • Provisions have been added to introduce a ‘late night levy’ which would be intended to cover the costs of policing and other arrangements for the reduction or prevention of crime and disorder, in connection with the supply of alcohol between midnight and 6 am.  If introduced the levy must apply across the Borough.

Review of provisions and effect

The effect of these amendments will be reviewed 5 years after the provisions come into effect with a view to assessing the effect of the amendments on the scheme established by theLicensing Act 2003.