Government confirm Late Night Levy charge applicable to premises that provide late night refreshment

Following the long overdue consultation launched by the Government earlier this year on the Late Night Levy charge that will be applicable to premises in England and Wales that provide Late Night Refreshment, the Government has analysed the responses and determined the relevant charges.

Following on from our previous eNews, the Government has analysed the responses and determined Late Night Levy charges applicable to premises providing late night refreshment during the Late night Levy period (a specified period between midnight and 06:00). These charges will be based on the current licence fee system as for premises permitted to sell alcohol (premises being placed in bands based on their rateable value) but to also allow the option for Licensing Authorities to offer a 30% discount to those Late Night refreshment premises qualifying for the Small Business Rate Relief (as currently available to premises that supply alcohol for consumption on the premises).

As a reminder Licensing Authorities applying the Late Night Levy will have the option of charging either:

1. Premises licensed to sell alcohol; or
2. Premises licensed to sell alcohol and premised licensed to provide late night refreshment (serving hot food).

What this means is that Licensing Authorities will not be permitted to impose a Late Night Levy solely on premises providing late night refreshment during the relevant Late Night Levy period for the area in question.

The Government response goes on to confirm “the Government will now seek to commence Section 142 of the Policing and Crime Act 2017” which would result in the legislative changes made to the Late Night Levy finally coming into effect.

Section 142 of the Policing and Crime Act 2017 (and related Schedule 18) introduced several changes to the Late Night Levy which included:

• To charge late night refreshment premises (serving hot food) the Levy to assist with the costs of policing the night time economy.
• To give Licensing Authorities the flexibility to only designated areas rather than simply the whole area, and to allow different Late Night Levy requirements to apply in different parts of its area.
• To give the local policing body (Police and Crime Commissioners (PCCs)) the right to request that a Licensing Authority formally propose a Levy.
• Requiring Licensing Authorities to publish information about how the revenue raised from the Levy is spent.

However, these changes have yet to take effect as the Government pledged to first consult on and determine the level of charges applicable to premises providing late night refreshment.  Now this is complete these changes to the Late Night Levy can be brought into effect.

Further details on the consultation and responses can be found on the Government website: here

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