The two controversial measures, introduced as part of the Police Reform and Social Responsibility Act, will affect licensed premises which are authorised to sell alcohol between the hours of midnight and 6am.
It will be at local councils’ discretion as to whether or not to implement the measures, and licensed premises will be able to make objections to their implementation as part of a consultation process.
The late-night levy is an annual fee collected from licensed premises authorised to sell alcohol between midnight and 6am.
Pubs could have to pay anywhere between £299 and £4,400 towards the levy depending on the rateable value of the premises.
Country pubs in a village with a population of less than 3,000 people will be exempt from the levy and premises which are part of a best practice scheme such as pubwatch, Best Bar None or Purple Flag can apply for a 30% reduction.
EMROs will restrict the sale of alcohol in premises in a certain area for any period of time between midnight and 6am. Local councils can decide the period of time after midnight they want an EMRO to apply.
Minister for crime prevention Jeremy Browne said: “These measures are not about stopping responsible drinking but designed to tackle the minority who cause alcohol-related crime and disorder in our local communities.
“It is reasonable to expect those profiting from the sale of alcohol to help pay the costs of policing, rather than expecting taxpayers to foot the entire bill.”
The Home Office has estimated that the measures could generate approximately £17m per year in England in Wales, with at least 70% of that figure going to police and the remainder to local authorities.
Browne added: “The new measures form part of the Government’s alcohol strategy which aims to turn the tide against irresponsible drinking. Our plans include the introduction of a minimum unit price for alcohol and a ban on multi-buy promotions. We will consult on these measures later this autumn.”
The Home Office has issued the new version of the section 182 guidance of the Licensing Act 2003 to reflect the introduction of EMROs and the levy, as well as the changes to the Licensing Act through the Live Music Act 2012.