Question to the Home Office:

To ask the Secretary of State for the Home Department, what powers local authorities currently have to restrict the hours during which off-licences can sell alcohol; and whether the Government has plans to devolve further such powers to local authorities

Licensing authorities have powers under the Licensing Act 2003 to restrict the hours in which alcohol is sold, if it is appropriate for the promotion of the licensing objectives. Decisions are based on individual consideration of each premises application, as appropriate for the promotion of the licensing objectives and in line with the licensing authority’s statement of licensing policy.

Early morning alcohol restriction orders (EMRO) allow a licensing authority to restrict the sale of alcohol between midnight and 6am. EMROs are designed to address recurring problems such as high levels of alcohol-related crime and disorder in specific areas at specific times; serious public nuisance; and other instances of alcohol-related anti-social behaviour which is not directly attributable to specific premises. Licensing authorities may decide to implement a Cumulative Impact Policy (CIP) where an exceptional number of licensed premises concentrated in one area have a cumulative impact on the promotion of the licensing objectives in that area. The CIP creates a rebuttable presumption that applications for premises licences which are likely to add to the existing cumulative impact will normally be refused or subject to certain limitations. The Government keeps these powers under review, but there are currently no plans to create additional new powers for licensing authorities.