EMROs: Government considers last-minute changes

By John Harrington

- Last updated on GMT

Related tags Director kate nicholls City of westminster

EMROs: Government considers last-minute changes
The Government is said to be planning last-minute changes to Early Morning Restriction Orders (EMROs) to exclude certain venues from being subjected to the restrictions.

Association of Licensed Multiple Retailers (ALMR) strategic affairs director Kate Nicholls said she has been involved in technical discussions with officials about the measure, which could be introduced as early as next March.

EMROs​ (PDF) will enable licensing authorities to restrict sales of alcohol for any specified period between midnight and 6.00am.

“Right at the last minute they said, by the way, you might be able to draw the area [of an EMRO] like a wiggly line and exclude certain premises from the area.

“There’s a recipe immediately for protracted debate when somebody says, ‘why is that casino in the middle exempt and I’m not?’, or, ‘I’m a responsible operator so draw a line around to exclude me’.”

It’s currently unclear how exemptions would be applied and to which venues because the regulations have not yet been released.

Speaking at the ALMR autumn debate in Nottingham, Nicholls said there was “not much clarity” in the process of applying EMROs, adding: “I definitely foresee the likelihood of legal reviews and challenges.”

Meanwhile, she warned that the new “community trigger” under section 161 closure powers, which will give residents greater powers to force closures, is “incredibly dangerous”.

“You only have to look at the cases we’ve had in Westminster City Council, where one local resident closed down the Endurance [pub in Soho] effectively because she stopped people drinking outside after six o’clock, to see how dangerous that community trigger could be.”

Related topics Licensing law

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