What is the late night levy?
The late night levy gives local authorities the power to charge a fee to those premises which are open and serve alcohol between 00:00 and 06.00.
It is at the discretion of each local authority to decide whether or not to introduce the late night levy and for what time period it should cover.
Who does the late night levy apply to?
The late night levy applies to all premises (on and off-trade) throughout the constituency of a council who has implemented the late night levy, which are authorised to sell or supply alcohol in the time period set by the local licensing authority.
Prior to making a decision to implement the late night levy, local licensing authorities have to hold discussions to decide whether it is appropriate to introduce the levy in its area. These discussions will take place between the licensing authority, the Police and Crime Commissioner and the local police.
If the late night levy is to be implemented, the local licensing authority must formally consult with licence holders and any others that the decision may impact.
It is important to note that, whilst the late night levy will apply to all premises throughout the local licensing authority’s area if it is implemented, there are some types of premises that may potentially be exempt from the levy. These are likely to include:
- Premises who offer overnight accommodation to guests
- Theatres and cinemas
- Casinos and bingo halls
- Community amateur sports clubs
- Community premises
- Defined types of village pubs
Where does the money raised by the late night levy go?
The vast majority of the money raised by the late night levy is paid to the local police authority. The remainder is given to the local licensing authority to reduce and prevent crime and disorder, promote public safety, prevent public nuisance and clean the highways.
What can licensed premise owners do about the late night levy?
During the consultation period, you should take your opportunity to raise any concerns you have about your local licensing authority introducing the late night levy.
Where the late night levy is already implemented in your constituency, we can assist you in minimising the impact that it has on your premises licence and with making commercial decisions about your late night operations.
Contact our expert licensing solicitors on 01332 340 211 for more information: