Woking Borough Council accused of 'jumping the gun' with late-night levy consultation
Woking Borough Council has sent a letter to pubs outlining its “intention to introduce a LNL within the town’s borders”, and attached a consultation document for licensees to complete, should they wish to do so, by 22 June.
The Publican’s Morning Advertiser believes Woking is the first local council to announce its intention to implement the LNL, which is expected to come into force in October, under the Police Reform & Social Responsibility Act.
However, there is concern among trade associations and licensing lawyers that Woking is “jumping the gun” by issuing its own consultation on the LNL because the Government is yet to issue any guidance on the measure, and the official consultation period ended only on Tuesday (10 April).
Along with early-morning restriction orders (EMROs), the LNL is targeted at the UK’s night-time economy, and will charge licensed premises that open after midnight.
Local police forces are expected to receive 70% of the income received from the LNL, with councils receiving the other 30%.
Andy Grimsey, of licensing law firm Poppleston Allen, believes there could be legal implications for the council by submitting a consultation on something that has not yet been made law.
“In a couple of months’ time, Woking could be acting within the law but until the guidance (on the LNL) is issued, it may not be,” said Grimsey.
He added: “It does seem to be jumping the gun a bit. It looks like it is doing it [consultation] properly, but doing it early.
“The final guidance could look very different. I don’t think that anybody quite believes that Woking is doing this.”
The British Beer & Pub Association’s pub & leisure director, Martin Rawlings, added: “Woking is jumping the gun, and we will ask the Home Office to intervene to stop the process.
“With the Government consulting and the detail still to be worked out, you’d question whether this is a good use of council taxpayers’ money — if any of Woking’s assumptions turn out tobe wrong, it will need to consult again.”
The Home Office refused to be drawn on the specifics of Woking’s consultation and confirmed that the official guidance on the LNL had not yet been issued.
A spokesperson for Woking Borough Council said: “We are seeking a wider view on the proposed changes to the Licensing Act 2003 to help determine the best method in moving forward.
“Further consultation will take place as required by law and in accordance with any Home Office guidance published.
“After initial consultation with the council’s licensing committee, corporate management group, police and interested parties, the council’s preferred option is the introduction of a LNL.
“Therefore, this consultation and proposed scheme is geared to gain consultees’ opinions on Woking Borough Council’s proposal to adopt a levy.
“However, it also contains questions on the EMROs to gain a balanced view of opinions.”
