Part 2Licensing
CHAPTER 2Late night levy
Application of late night levy requirement in licensing authority's area
I1125Late night levy requirement
F11
In this Chapter, “a late night levy requirement” means a requirement to pay a late night levy in accordance with this Chapter.
2
A licensing authority may decide that a late night levy requirement is to apply in its area or in a part of its area in respect of—
a
relevant late night alcohol authorisations relating to premises in the area or the part, or
b
relevant late night alcohol authorisations and relevant late night refreshment authorisations relating to premises in the area or the part.
2A
Accordingly, references in this Chapter to a late night authorisation to which a late night levy requirement relates are references to any relevant late night alcohol authorisation or relevant late night refreshment authorisation in respect of which the late night levy requirement applies.
2B
A licensing authority may decide under subsection (2) that different late night levy requirements are to apply in different parts of its area.
3
In making a decision under subsection (2) a licensing authority must consider—
a
the costs of policing and other arrangements for the reduction or prevention of crime and disorder, in connection with the supply of alcohol F3or late night refreshment between midnight and 6 am, and
b
having regard to those costs, the desirability of raising revenue to be applied in accordance with section 131.
F44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
This section is subject to section 132.
Liability to pay late night levy
I2126“Relevant late night authorisation” and related definitions
1
This section applies for the purposes of this Chapter.
2
F5“Relevant late night alcohol authorisation”, in relation to a licensing authorityF6, a late night levy requirement and a levy year, means a premises licence or club premises certificate which—
a
is granted by the authority, and
b
authorises the supply of alcohol at a time or times during the late night supply period on one or more days in the related payment year F7(whether or not it also authorises the provision of late night refreshment at a time or times during such a period).
F82A
“Relevant late night refreshment authorisation”, in relation to a licensing authority, a late night levy requirement and a levy year, means a premises licence which—
a
is granted by the authority,
b
authorises the provision of late night refreshment at a time or times during the late night supply period on one or more days in the related payment year, and
c
does not also authorise the supply of alcohol at a time or times during any such period.
3
The “late night supply period” in relation to a licensing authority means the period of the day decided by the authority under section 132 or 133.
F93A
Where a licensing authority decides under section 125(2) to apply a late night levy requirement in respect of both relevant late night alcohol authorisations and relevant late night refreshment authorisations, the licensing authority may determine under section 132(1)—
a
a single late night levy period that is to apply in respect of both kinds of authorisations, or
b
two late night levy periods, one of which is to apply in respect of relevant late night alcohol authorisations and the other of which is to apply in respect of relevant late night refreshment authorisations.
4
A late night supply period must—
a
begin at or after midnight, and
b
end at or before 6 am.
5
F10A late night supply period determined by a licensing authority for a levy year must be the same—
a
for each payment year beginning during the levy year, and
b
throughout each such payment year.
6
Regulations must make provision as to how payment years are to be determined in relation to holders of premises licences or club premises certificates.
7
Regulations under subsection (6) may, in particular—
a
provide for a holder's payment year to be determined by reference to the period in respect of which the holder is liable to pay an annual fee under section 55(2) or 92(2) of the Licensing Act 2003, or
b
confer functions or a discretion on licensing authorities in relation to premises licences and club premises certificates granted by them.
8
9
For the purposes of this section, a payment year is related to a levy year if it begins at the same time as, or during, the levy year.
I3127Liability to pay late night levy
1
Where F13a late night levy requirement applies in the area F14or part of the area of a licensing authority, the holder of F15a late night authorisation to which the requirement relates must pay a levy (“the late night levy”) to the authority in respect of that authorisation for each levy year, in accordance with this Chapter.
2
But a holder of F16a late night authorisation to which the requirement relates who falls within an applicable exemption category is not liable to pay the late night levy in respect of that authorisation for the levy year.
F172A
In addition, if the requirement relates to a late night authorisation that is a relevant late night refreshment authorisation, the holder of the authorisation is not liable to pay the late night levy for a levy year if only hot drinks are supplied (or held out for supply) in reliance on the authorisation during the levy year.
3
For this purpose, “applicable exemption category”, in relation to a levy year, means a permitted exemption category that the licensing authority has decided under section 132 or 133 is to apply F18in relation to the late night levy requirement for the levy year.
I4128Amount of late night levy
1
For F19any levy requirement and any levy year, the amount of the levy is—
a
the amount prescribed by regulations, or
b
the amount calculated in accordance with regulations.
2
But in the case of the holder of F20a late night authorisation to which a late night levy requirement relates who falls within an applicable reduction category, the amount of the late night levy payable in respect of the authorisation is the reduced amount that applies in relation to that category (see section 135(4)).
3
4
Subject to subsection (2), regulations under subsection (1) must provide for the amount of F23a late night levy, or the manner in which it is to be calculated, to be the sameF24, in respect of all late night levy requirements for all persons liable to pay F25a levy in respect of an authorisation F26....
Administration of late night levy
I5129Payment and administration of the levy
1
Regulations—
a
must make provision as to collection and administration, and
b
may make provision as to enforcement,
of F27a late night levy.
2
3
Provision made by virtue of subsection (2) may in particular provide for any such time or times to be determined by reference to the holders' payment years.
4
Regulations under subsection (1) may make provision for adjustments to be made in cases where—
a
F30a late night authorisation to which a late night levy requirement relates ceases to be such an authorisation during the holder's payment year;
b
a premises licence or club premises certificate becomes F31a late night authorisation to which a late night levy requirement relates during the holder's payment year;
c
an order under section 172A of that Act (early morning restriction orders) precludes the supply of alcohol by virtue of F32a relevant late night alcohol authorisation to which a late night levy requirement relates at all the times during the applicable late night supply period when it would otherwise have been permitted by virtue of the authorisation;
including in cases where the change occurs after the end of F33the levy year in question.
5
Any payment of F34a late night levy which is owed to a licensing authority under this Chapter may be recovered as a debt due to the authority.
6
The following provisions of the Licensing Act 2003 apply for the purposes of this Chapter—
a
section 55A (suspension of premises licence for failure to pay annual fee);
b
section 92A (suspension of club premises certificate for failure to pay annual fee),
7
Provision that may be made by regulations under this section includes provision conferring functions or a discretion on licensing authorities.
I6130Net amount of levy payments
1
In this Chapter F36, in relation to a late night levy requirement, “the net amount of levy payments” of a licensing authority in respect of any period means the amount, calculated in accordance with regulations, which represents—
a
the aggregate amount of payments to the authority in respect of the levy that are attributable to that period, less
b
the aggregate amount of expenses of the authority attributable to that period that are permitted deductions under regulations under subsection (2)(a).
2
Regulations under subsection (1)—
a
must prescribe descriptions of relevant expenses which may be deducted for the purposes of calculating the net amount of levy payments for any period,
b
may make provision for determining the amounts to be taken into account in calculating the net amount of levy payments,
c
may make provision for determining the period to which a payment or deduction is attributable.
3
In subsection (2)(a), “relevant expenses” means expenses incurred by a licensing authority in the administration of F37a late night levy requirement including, in particular, such expenses incurred in, in connection with or in consequence of—
a
any decision mentioned in section 134(1);
b
collection of payments of the late night levy;
c
enforcement of the late night levy requirement.
4
Expenses incurred by a licensing authority which fall within subsection (3)(a) include, in particular, expenses which it incurs in connection with any application made by virtue of section 134(2)(c).
5
F38In relation to a late night levy requirement, a licensing authority must publish the following, in respect of each levy year—
a
before the beginning of the year, a statement of its estimate of the amount of deductions permitted under regulations under subsection (2)(a) to be made in respect of the year;
b
after the end of the year, a statement of the net amount of levy payments for the year, showing in particular the amounts mentioned in paragraphs (a) and (b) of subsection (1) attributable to the year.
6
It is for the licensing authority to determine the manner in which any statement under subsection (5) is to be published.
Application of levy payments
I7131Application of net amount of levy payments
1
F39In relation to a late night levy requirement, the net amount of levy payments for any levy year must be applied as follows.
2
The licensing authority—
a
must pay the specified proportion of that amount to the relevant local policing body, and
b
must apply the remainder of that amount in accordance with regulations.
3
In subsection (2)(a), “specified proportion” means the proportion determined for the levy year under section 132(1)(b) or 133(1)(d).
4
The specified proportion must be not less than 70 per cent.
F24A
The licensing authority must publish information as to how it applies the remainder of the net amount mentioned in subsection (2)(b).
4B
The information must be published at least once in each calendar year during which any part of the remainder is applied.
4C
It is for the licensing authority to determine the manner in which the information is published.
5
Regulations may amend subsection (4) by specifying a different proportion in place of the proportion for the time being specified in that subsection.
6
Regulations may make provision—
a
as to the time or times at which payments are to be made by the licensing authority under subsection (2);
b
for adjustments of payments in cases where payments or repayments are made F40in respect of a levy after the end of the levy year.
7
Regulations under this section may make provision conferring functions or a discretion on a licensing authority.
Late night levy requirement: further provision
I8132Introduction of late night levy requirement
1
Where a licensing authority decides under section 125 that F41a late night levy requirement is to apply F42..., it must also decide—
a
the date on which the late night levy requirement is first to apply, and
b
for the first levy year and, subject to section 133, each subsequent levy year—
i
the late night supply period F43or periods (as to which see section 126(3A));
ii
the permitted exemption categories (if any) that are to apply F44...;
iii
the permitted reduction categories (if any) that are to apply F45...;
iv
the proportion of the net amount of levy payments that is to be paid to the relevant local policing body under section 131.
2
Subsection (1)(b)(i) is subject to section 126(4) and (5).
3
Subsection (1)(b)(iv) is subject to section 131(4).
4
Regulations under section 134 apply in relation to any decision of a licensing authority under section 125 or this section.
I9133Amendment of late night levy requirement
1
F46Where, in consequence of a decision by a licensing authority under section 125, a late night levy requirement applies, the authority may decide—
a
that the requirement is to cease to apply F47...;
b
that a different late night supply period is to apply;
c
that any permitted exemption categories or permitted reduction categories are to apply in addition to any that currently apply, or to cease to apply, F48in relation to the late night levy requirement;
d
that a different proportion of the net amount of levy payments is to be paid to the relevant local policing body.
F491A
Where the late night levy requirement is in respect of both relevant late night alcohol authorisations and relevant late night refreshment authorisations, the power conferred by subsection (1)(b) includes—
a
where a single late night levy period applies, power to decide that two late night levy periods are to apply instead;
b
where two late night levy periods apply, power to decide that a single late night levy period is to apply instead.
2
Subsection (1)(b) is subject to section 126(4) and (5).
3
Subsection (1)(d) is subject to section 131(4).
4
Where—
a
regulations under section 135 alter the permitted exemption categories or permitted reduction categories, and
b
the licensing authority must exercise its power under subsection (1)(c) so as to secure that all the categories that apply F52... in respect of future levy periods are permitted exemption categories or permitted reduction categories.
5
In subsection (4)(b), “relevant decision” means a decision under—
a
section 132(1)(b)(ii) or (iii), or
b
subsection (1)(c) of this section.
6
Where—
a
regulations under subsection (5) of section 131 amend subsection (4) of that section, and
b
by virtue of the regulations the proportion of the net amount of levy payments to be paid to the relevant local policing body ceases to satisfy section 131(4),
the licensing authority must exercise its power under subsection (1)(d) so as to secure that the proportion of the net amount of levy payments to be paid to the relevant local policing body in respect of future levy years satisfies that provision.
7
Any decision made under subsection (1) may take effect only—
a
in the case of a decision under paragraph (a), at the end of a levy period,
b
in the case of decision under paragraph (b), (c) or (d), in respect of future levy periods.
8
Regulations under section 134 apply in relation to any decision of a licensing authority under this section.
I10134Introduction or variation of late night levy requirement: procedure
1
Regulations must make provision as to the procedure to be followed by a licensing authority in relation to any proposal for—
a
b
c
a decision under section 133(1)(b), (c) or (d).
2
Regulations under this section must, in particular—
a
require the licensing authority, where it proposes to make any decision mentioned in subsection (1), to consult the following about the proposal—
i
the relevant local policing body;
ii
the relevant chief officer of police;
iii
holders of F57late night authorisations to which the levy requirement in question relates or would relate;
iv
any other persons prescribed by the regulations;
b
make provision requiring the licensing authority to publish notice of any decision mentioned in subsection (1) (and of related decisions);
c
in the case of a decision under section 125(2), make provision—
i
enabling any relevant late night authorisation to be varied under section 34, 41A, 84 or 86A of the Licensing Act 2003, on the application of the holder, F58so that it is not a late night authorisation to which the levy requirement relates at the beginning of the first levy year, and
ii
for no fee to be payable in respect of any such application to the extent that it relates to such a variation.
3
4
F635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I11135Permitted exemption and reduction categories
1
Regulations may prescribe—
a
2
References in subsection (1) to a decision of a licensing authority are to a decision by the authority under section 132(1)(b)(ii) or (iii) or 133(1)(c) that the category in question is to apply F68....
3
Without prejudice to section 136(3), categories of holders may be prescribed for this purpose by reference, in particular, to—
a
participation in arrangements of particular descriptions;
b
particular descriptions of premises in respect of which authorisations are held.
4
Regulations under subsection (1) which prescribe permitted reduction categories must also prescribe, in relation to each such category—
a
what the reduced amount of F69a levy is, or
b
the manner in which the reduced amount of F70a levy is to be calculated,
and must provide for the reduced amount of F71a late night levy, or the manner in which it is to be calculated, to be the sameF72, in respect of all late night levy requirements, for all holders of F73relevant late night alcohol authorisations or relevant late night refreshment authorisations in that category F74....
I12136Late night levy: regulations
1
Any power to make regulations under this Chapter is exercisable by the Secretary of State, but may be exercised only with consent of Treasury.
2
Regulations may amend any provision made by or under an Act so far as necessary or expedient in consequence of any provision made by or under this Chapter.
3
Any regulations under this Chapter may—
a
make different provision for different cases;
b
make provision subject to exceptions;
c
make supplemental, incidental, consequential and transitional provision.
4
Subsection (3) is subject to section 128(4) and 135(4).
136AF75Late night levy: requests by relevant local policing bodies
1
The relevant local policing body in relation to a licensing authority may request the licensing authority to make a proposal for a decision under section 125(2) that a late night levy requirement of a kind described in the request is to apply.
2
In deciding whether to make a request, the relevant local policing body must consider the matters mentioned in section 125(3).
3
A request must be accompanied by any evidence the relevant local policing body has in support of its request.
4
In deciding how to respond to the request, the licensing authority must consider the matters mentioned in section 125(3).
5
The licensing authority must publish—
a
the request, including the evidence accompanying it, and
b
its response to the request.
6
The response must include reasons, including an explanation of the outcome of the authority’s consideration of the matters mentioned in section 125(3).
7
It is for the licensing authority to determine the manner in which it publishes the request and its response under subsection (4).
I13137Interpretation
In this Chapter—
“club premises certificate” has the same meaning as in the Licensing Act 2003 (see section 60 of that Act);
“late night levy” means a levy payable under section 127(1);
F76“a late night levy requirement” has the meaning given by section 125;
F77“late night refreshment” has the same meaning as in the Licensing Act 2003 (see Schedule 2 to that Act);
“late night supply period”, has the meaning given by section 126;
“levy year”, in relation to a licensing authority, means a period of one year, beginning with the date specified under section 132(1)(a) or an anniversary of that date, for which F78a late night levy requirement applies F79...;
“licensing authority” means an authority which is a licensing authority within the meaning of the Licensing Act 2003 (see section 3 of that Act);
“net amount of levy payments” has the meaning given by section 130;
“payment year”, in relation to the holder of F80a late night authorisation to which a late night levy requirement relates, means a year to which any payment of the late night levy by the holder in respect of the authorisation relates;
“permitted exemption category” and “permitted reduction category” have the meanings given by section 135;
“premises licence” has the same meaning as in the Licensing Act 2003 (see section 11 of that Act);
“relevant late night authorisation” has the meaning given by section 126;
“relevant chief officer of police”, in relation to a licensing authority, means the chief officer of police for the police area which comprises or includes the area of the licensing authority;
“relevant local policing body”, in relation to a licensing authority, means the local policing body for the police area which comprises or includes the area of the licensing authority;
“supply of alcohol” has the same meaning as in Part 3 of the Licensing Act 2003 (see section 14 of that Act).
I14138Crown application
1
This Chapter binds the Crown and has effect in relation to any premises licence, or club premises certificate, which relates to land in which there is—
a
an interest belonging to Her Majesty in right of the Crown,
b
an interest belonging to a government department, or
c
an interest held in trust for Her Majesty for the purposes of such a department.
2
This Chapter also applies in relation to any premises licence, or club premises certificate, which relates to—
a
land which is vested in, but not occupied by, Her Majesty in right of the Duchy of Lancaster, and
b
land which is vested in, but not occupied by, the possessor for the time being of the Duchy of Cornwall.
3
Provision made by or under this Chapter applies to persons in the public service of the Crown as it applies to other persons.
4
But nothing in this Chapter affects Her Majesty in Her private capacity.
I15139Amendments of the Licensing Act 2003
1
The Licensing Act 2003 is amended as follows.
2
In section 55 (fees: premises licences), after subsection (1) insert—
1A
Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).
3
In section 92 (fees: club premises certificates), after subsection (1) insert—
1A
Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).