Agenda item

Report of the Head of Legal and Democratic Services detailing the responses to the consultation on the proposal to introduce a Late Night Levy to Southampton, attached.

The report of the Head of Legal and Democratic Services was submitted detailing the responses to the consultation on the proposal to introduce a Late Night Levy in Southampton (copy of report circulated with the agenda and appended to signed minutes).

RESOLVED

(i)  That the introduction of a Late Night Levy as detailed in the report be approved;

(ii)  That pursuant to section 132(1) of the 2011 Act:

a.  the date on which the late night levy requirement is first to apply is 1^st April 2015

b.  for the first levy year and, subject to section 133 of the 2011 Act, each subsequent levy year:-

  i.  the late night supply period shall begin at one minute past  midnight and end at 6 am;

  ii.  that the following permitted exemption categories as defined in regulation 4 of the Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012 are to apply:-

1.  regulation 4(a) – hotels etc. supplying alcohol for on-consumption by resident patrons;

2.  regulation 4(b) – theatres supplying alcohol for on-consumption to ticket holders, performers, guests at private events;

3.  regulation 4(c) – cinemas supplying alcohol for on-consumption to ticket holders, guests at private events;

4.  regulation 4(d) – bingo halls where the playing of non-remote bingo is the primary activity;

5.  regulation 4(e) – registered community amateur sports clubs;

6.  regulation 4(f) – community premises like church halls and village halls, etc. that are subject to the alternative licence condition; and

7.  regulation 4 (i) – premises authorised to supply alcohol for on-consumption only between midnight and 6 am on 1 January.

  iii.  that the following permitted exemption category as defined in regulation 4 of the Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012 is not to apply:-

1.  regulation 4(g) – single country village pubs in designated rural settlements which receive rate relief;

2.  regulation 4(h) – premises liable for the Business Improvement District levy.

  iv.  that the following permitted reduction category as defined in regulation 5 of the Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012 is not to apply:-

1.  regulation 5(1)(a) – members of business-led best practice schemes

Save that if such a scheme is subsequently approved and adopted by the Council in accordance with resolution (iii) below that the Head of Legal and Democratic Services be authorised to administer the scheme and take all decisions in relation to it, including reductions in the levy payable by approved premises

2.  regulation 5(1)(b) – certain premises authorised to supply alcohol for on-consumption which receive small business rate relief.

  v.  the proportion of the net amount of levy payments that is to be paid to the relevant local policing body under section 131 of the 2011 Act is 70 per cent.

(iii)  That the Head of Legal and Democratic Services be granted delegated powers to do all things necessary to implement these decisions, including:-

a.  Power to publish notice of the decisions in accordance with regulation 9(1)(b) of the Late Night Levy (Application and Administration) Regulations 2012;

b.  Power to determine whether the holders of any relevant late night authorisations fall within any permitted exemption or reduction categories and in particular whether the holders of any relevant late night authorisations who are members of any subsequently approved business-led best practice scheme fall within the permitted reduction category;

c.  Subject always to the statutory role of Licensing Committee and its Sub- Committees, to make arrangements for free applications to vary authorisations before the beginning of the first levy year and determine such applications in accordance with regulations 9(1)(c) and 9(5) of the Late Night Levy (Application and Administration) Regulations 2012;

d.  Power to determine the aggregate amount of expenses of the Council that are permitted deductions under section 130(1)(b) of the 2011 Act;

e.  Power to publish annual notices under section 130(5) of the 2011 Act relating to anticipated expenses and the net amount of the levy payments;

f.  Power to make adjustments to payments in accordance with paragraph 7 of the Late Night Levy (Application and Administration) Regulations 2012;

g.  Power to determine from time to time when and for what purposes the Council will apply the non-specified proportion of the net amount of the levy payments;

h.  Authorisation to enter into an agreement with the Police and Crime Commissioner (PCC) and the Chief Constable regarding the use of the net amount of levy payments as a single programme and to establish a Late Night Levy Board (to include operators) to facilitate a single programme; and

i.  Authorisation to create and implement a business-led best practice scheme that will satisfy the criteria contained in regulation 5(1)(a) of the Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012 after consultation with the Police and Crime Commissioner, the Chief Constable, operators, and the Late Night Levy Board (if established).

(iv)  That it be noted that the Head of Legal and Democratic Services shall review the operation and effect of the levy in 2017 (or earlier, if considered necessary) and report the outcome of the review to Licensing Committee.

NOTE: Councillor Stevens declared a disclosable pecuniary interest in the above matter, as a current licencee and left the meeting during the consideration of the matter;

NOTE: Councillor Barnes-Andrews declared a personal interest in the above matter, by virtue of his former employment as a licencee, and Councillor Parnell declared a personal interest as a founder member of the Street Pastors organisation, and both remained in the meeting during the consideration of the matter.