Fall in number of councils considering an EMRO

The number of licensing authorities in England and Wales considering the introduction of an early morning restriction order (EMRO) has fallen sharply, new research from Poppleston Allen has revealed.

The research showed that 341 of the 359 licensing authorities surveyed, or 98%, were not considering introducing the measure – a considerable rise from the 163 authorities in the 2012 survey conducted by the licensing law firm. 

Only seven (2%) authorities said they were considering the measure, compared to 30 (8.7%) last year – a drop of more than 75%. Eleven licensing authorities have so far undergone the consultation process, and all of them have elected to reject the implementation of an EMRO. There are currently no EMRO consultations. 

Poppleston Allen said despite the rejections, several of those licensing authorities have found the consultation process itself led to increased engagement with the licensed trade through club and pub networks and has encouraged the development of voluntary initiatives.

'Disorder zone' fear

Comments from authorities during the research include that non-alcohol based late night premises, such as kebab shops and takeaways, cause more problems than pubs and bars, and there is a fear that an EMRO would identify an area “as a place of disorder”, would “drive visitors away”, and “lead to the closure of venues and the loss of jobs”. 

Poppleston Allen managing partner Jonathan Smith said: “The survey data suggests that most licensing authorities no longer consider that EMROs are appropriate, although a number are aware that local police forces are in the process of obtaining further evidence to support such proposals.” 

The law firm added that the 2012 statistics indicated a significant leaning towards the proposed implementation of EMROs as opposed to the introduction of late night levies, with almost twice as many authorities considering implementing an EMRO in 2012 than in 2011. 

The results follows research published by the firm last month showing the number of licensing authorities considering the introduction of a late-night levy has also fallen sharply, with 95.7% unlikely to propose the implementation of the fee.