The Government has signalled its intention to proceed with the Late Night Levy by publishing draft regulations intended to come into force on the 31 October 2012.
The Late Night Levy gives Local Authorities the power to charge a levy to those premises which are open after midnight and before 06.00. It is for each Local Authority to determine whether they want to introduce the Late Night Levy and what the levy period will be for example many Local Authorities may only choose to impose a levy on premises that are open after 02.00. For a typical pub the levy is likely to be around £760.00 but for larger premises a figure has been set at £2730.00 (if the rateable value falls between £87,001.00 and £125,000.00) or £4,440.00 (if the rateable value falls over £125,001.00) providing these premises are used exclusively and primarily for the supply of alcohol for consumption on the premises.
Before a Local Licensing Authority proceeds with the introduction of the Late Night Levy, however, there will have to be a period of consultation in accordance with the criteria set out in the draft regulations.
Whether or not Local Authorities decide to proceed with the Late Night Levy is still very much open to doubt. The vast majority of the money raised has to be paid to the Local Police Authority with that retained being applied by the Local Authority for use in connection with arrangements for the reduction or prevention of crime and disorder, the promotion of public safety, the prevention of public nuisance and the cleaning of highways.
If you have any further queries about these draft regulations please do not hesitate to contact Andrew Cochrane on 01332 226142.