Bolton Council to adopt Late Night Levy

Following my previous eNews, Bolton Council’s Licensing and Environmental Regulation Committee will be asked to approve the introduction of the Late Night Levy next week.

The Late Night Levy, if approved, will require licensed premises selling alcohol or providing late night refreshment (in the form of hot food) between the hours of 3am and 6am in the Town Centre to pay an additional annual ‘levy’ fee. The Levy fee will range from £299 to the maximum of £4,440 depending on the rateable value of the premises and whether it is used exclusively or primarily for the sale of alcohol.

As you may recall initially the Council was seeking to impose the levy on those with a licence to sell alcohol between the hours of 3am and 6am across the whole borough of Bolton, and the consultation took place on this basis. However thereafter, changes to the legislation affecting the late night levy came into effect which included allowing the ability to localise the levy to certain areas and to include late night refreshment premises that serve hot food within the scope of the levy. In view of these changes and discussions with stakeholders, namely, Greater Manchester Police, the Council undertook a new consultation (which concluded earlier this year) on an updated proposal to localise the proposed levy to focus on the Town Centre area and capture late night refreshment premises that serve hot food as well as those selling alcohol within the revised area between the hours of 3am and 6am.

The report to the Licensing Committee states there are currently 39 bars, takeaways and supermarket premises within Bolton that would be subject to the levy.

The majority of funds raised will go to the police, with the Council permitted to retain up to 30% to fund services it provides to tackle late night alcohol-related crime and disorder, and services connected to the management of the night time economy.

As with annual fees for premises licences, the council has the power to suspend the premises licence for non-payment of the levy.

The council report states

“The introduction of a levy will enable revenue to be raised towards funding the ongoing activities of  both the police and council – dealing with the various challenges across the NTE, but aimed at the  later opening venues, where hotspots or trigger points occur”

“The introduction of a late-night levy will enable the council to charge an additional fee to businesses that sell alcohol and LNR, thereby raising funds to contribute to the cost of additional policing, and council services required to support the late-night economy“

“Revenue raised from the levy would be used to reduce or prevent late night alcohol‐related crime, disorder, and nuisance, and improve public safety and street cleaning.”

The report recommends the Committee approve that no exemptions or reductions, due to the type of venues contained within the planned zone who benefit from a late-night authorisation.

If the Committee approve the introduction of the Late Night Levy, the proposal will then go to Full Council for final approval on 9 October 2024.

The start date for the levy is proposed to be February 1, 2025.

The Council will allow licence holders to make an application to vary their licence. There will be no fee for such valid application provided it is received by the Council within the period directly following the date of a formal decision notice to introduce the Levy up until the Levy starts. This applies to variations to reduce their  licensed hours so they do not fall within the operational hours of the levy (03:00 to 06:00 hours).

Bolton Council would be the first to institute a levy for both alcohol and late-night refreshment premises if the proposal gets the green light.

For further information or queries, please feel free to contact Suraj Desor or any of our licensing solicitors.