James Wilmore: Will the late-night levy become a legal battleground?

So, who will be the winners and losers now the licensing overhaul juggernaut is up and rolling?

Well, one thing's for sure, licensing lawyers will be kept busy once these measures become law.

One area in particular that is shaping up to be a legal minefield is the much-touted late-night levy.

And, as ever, it looks like the on-trade could bear the brunt. A Home Office document on how the levy will work offers some insight.

Why is the levy needed, it asks.

The reason: "21 per cent of violent incidents occur around a pub or club". It's a worrying figure that's been bandied about for a long time. But no mention here of the off-trade and its part in fuelling problems by selling dirt-cheap alcohol.

The document does acknowledge the levy will affect all premises - on-trade and off-trade - if councils decide to implement the charge.

And as previously trailed, pubs that are members of a Best Bar None Scheme or Pubwatch could be eligible for a discount.

But here is the killer line: "Licensing authorities will be able to offer discounts to types of premises that do not contribute to the costs associated with policing the night-time economy".

The example given is of hotels that only serve their guests. But you can guarantee lawyers for big supermarkets will be salivating at the prospect of getting their teeth into this one.

And evidence that the off-trade will not take kindly to these charges have already come from the Wine and Spirit Trade Association. Chief executive Jeremy Beadles has said:

"We remain concerned about the implications of the proposed late night levy, not least the possibility that it may be seen by some local authorities as a way of simply raising revenue. It is vital that it is applied only to premises where there is clear evidence of a problem and does not impact responsible businesses which happen to be in the vicinity." ​

But hope of fairness is not completely lost. The levy will be set based on rateable values, so bigger businesses will pay more.

Meanwhile, Labour's alcohol disorder zones (ADZs) will be repealed as part of the government's plans.

But the irony here is that councils could be put off trying to introduce a levy because of complications over who to charge, and the potentially costly legal minefield.

In effect, the situation over ADZs could repeat itself.

Another farce just waiting to happen.