Councillors and committees
EARLY MORNING ALCOHOL RESTRICTION ORDER
Decision status: Refused
Is Key decision?: Yes
Is subject to call in?: No
Under the Licensing Act 2003, a Licensing Authority is entitled to make an Early Morning Alcohol Restriction Order (EMRO). An EMRO has the effect of prohibiting the sale of alcohol between the hours of midnight and 6am in such areas as the Authority determines appropriate, on the basis of evidence of recurring problems associated with the sale of alcohol, including high-levels of crime and disorder, public nuisance or other anti-social behaviour, that is not directly attributable to a specific premises.
At its meeting in May the Committee had agreed that a proposal for an Early Morning Alcohol Restriction Order (or Orders) should be progressed, to relate tothe area covered by the Kingston Town Cumulative Impact Special Policy, for the period of time between 3am and 6am. The Committee had requested detailed evidence to be submitted to this Committee meeting in order to assist the Committee to decide whether a proposal for such an EMRO was appropriate. The evidence, provided by Kingston Police, was set out in Annex 1 of the report.
At the meeting the Committee heard representations from Kingston Police (Chief Inspector Gary Taylor), from a member of the public, and from Andrew Grimsey, a Solicitor from Poppleston Allen, attending on behalf of the Association of Multiple Licensed Retailers and, separately, the Luminar Group (which operates two large nightclubs in the town centre). The Committee noted that the statistics gave no comparisons with previous years’ figures for the Borough, nor with other Boroughs, but noted CI Taylor’s statement that the latest crime statistics show there has been a significant annual reduction in crime reported for Kingston and that in this financial year Kingston had seen the biggest reduction of violent crime in the Metropolitan Police. The Committee also noted the recent award of Purple Flag status (for effective management of the night time economy) to Kingston town centre. The Committee also discussed the proposal currently under consideration for a Designated Public Places Order (“DPPO”) (which would control the drinking of alcohol in public places) to be introduced for Kingston Town Centre with an area up to and including Canbury Gardens.
Having considered the evidence and representations, and after detailed discussion, the Committee decided not to progress proposals for introducing an EMRO at this time and requested Kingston Police to provide updated detailed evidence of alcohol-related crime in specific Kingston locations at specific times in the early morning in time for inclusion in the agenda for the October 2014 meeting, to include if possible comparative data from Police statistics nationally and regionally.
RESOLVED that the evidence provided in respect of the need for a proposal for an Early Morning Alcohol Restriction Order is noted, and no proposal for an Early Morning Alcohol Restriction Order is made at this time, the matter to be reviewed at the Licensing Committee meeting in October 2014.
Reason for the decision
To formally consider the legislative opportunity to introduce an Early Morning Alcohol Restriction Order and whether there is evidence that it is, in the current circumstances, an appropriate mechanism to promote the licensing objectives. The Committee did not consider that the evidence of the level and location of crime set out in Annex 1 to the report was sufficient evidence to demonstrate that an EMRO was appropriate for the promotion of the licensing objectives, particularly as there was no conclusive evidence that the incidents were attributable to the supply of alcohol, and CI Taylor’s statement that the crime levels in Kingston had reduced over the last year. The Committee also wished to allow an opportunity for monitoring the impact of any potential DPPO (for which a proposal is currently under consideration).
[Voting: In favour: Councillors Mick Amson, John Ayles, Stephen Brister, Andrew Day, Sharon Hartley, Trevor Heap, Chrissie Hitchcock, Adrian Holder, Shiraz Mirza, Rebekah Moll, Ken Smith, Bob Steed, and Gaj Wallooppillai.
Abstaining: Councillor Frank Thompson.]
Publication date: 28/10/2013
Date of decision: 17/10/2013
Decided at meeting: 17/10/2013 - Licensing Committee