Marston's, JD Wetherspoon, Punch Taverns and Stonegate respond to Hartlepool EMRO consultation

Hartlepool Council has proposed introducing an early morning restriction order (EMRO) to ban alcohol sales in the town centre between 2am and 6am. It wants to implement the measure from 13 August 2013.

The pub companies questioned the validity of the consultation saying that it was hard to find on the Council's website and difficult to understand. Concerns have also been raised over the evidence used to support the EMRO.

Marston's has 12 pubs in Hartlepool. Its response, by licensing firm John Gaunt & Partners, noted the difficulty to trace the consultation or public notice on the council's website. It added that there is no formal consultation paper, just a link to minutes from a meeting in December 2012.

Marston's noted: "We would submit that a more concise document setting out the evidence both for and against the proposal should have been prepared to enable appropriate responses from responsible authorities, premises licence holders and members of the public."

It called for the consultation to be extended or re-commenced.

Marston's submission quoted a line from the council's licensing policy which states that "licensing law is not a mechanism for the general control of anti-social behaviour once they are away from the licensed premises..."

In response to this Marston's noted: "The justification for an EMRO flies in the face of and is completely inconsistent with this policy statement."

In relation to the evidence used to justify introducing an EMRO, Marston's said that it is out of date. It said that the police and health authority have not considered that the fact that alcohol consumption and alcohol-related crime has fallen throughout the country. It also made several references to the fact that the police and health authority submission for an EMRO mention the lack of funding it has. Marston's said that this is not "valid ground" for an EMRO.

Marston's also explained that health is not a licensing objective so health issues cannot be considered. It added that there is already a cumulative impact policy (CIP), a tool which restricts the number of licensed premises in an area, in place in Hartlepool.

JDW has two pubs in Hartlepool - the Ward Jackson and the King John's Tavern. The company also noted that it has concerns as to the "transparency and legality" of the consultation process. In its submission to the council, JDW wrote: "The proposal is almost impossible to trace on the Council's website."

It added that the format of the consultation is not "easy to understand" and it does not meet the consultation requirements as indicated in the s182 Guidance.

The company hit out at the evidence used to justify introducing an EMRO too. JDW wrote: "A report some three-and-a-half years old which does not deal with acknowledged changes to the night-time economy in the interim period cannot provide sufficient evidence for the licensing authority to decide upon the appropriateness of an EMRO to promote the licensing objectives."

It also said: "There is no evidence provided as to crime figures in the town centre during the proposed EMRO period to justify the proposal at all or its implementation."

Punch Taverns put forward a submission for one pub in Hartlepool - Jacksons. In reference to the evidence for the EMRO in the council's documents, Punch criticised the lack of detail and noted that there is not enough evidence to show that any crimes have taken place after 2am.

It proposed that before introducing an EMRO, the council should look at the current CIP; review the licence of specific problem premises; create or expand business-led best practice schemes; or use other mechanisms in the Licensing Act 2003.

Stonegate, which operates Yates' in Hartlepool, said that although the EMRO would not have a direct impact on the venue, "there are a number of unforeseen circumstances ... which may indirectly affect our business".

It raised concerns about customers choosing to go to bars outside Hartlepool and "over the dispersal of customers if all sites serving alcohol were forced to cease at 2am - the gradual dispersal of customers achieved through the flexibility of terminal hours would be immediately negated".

The Association for Licensed Multiple Retailers, the British Beer and Pub Association and Camerons Brewery have also responded to the consultation.

The hearing will be held on 7 May.