On 9 January 2023, the government launched a consultation on the level of the late night levy charge to be applicable to late night refreshment (LNR) premises.

The late night levy was introduced by the Police Reform and Social Responsibility Act 2011.

Provisions in the Policing and Crime Act 2017, not yet commenced, will allow licensing authorities to apply the levy to LNR providers in an area where the levy is being applied.

The government undertook to consult on the application of the levy to LNR providers before commencing the relevant provision in the 2017 Act.

The consultation closed on 3 April 2023. The Home Office would like to thank everyone who took part in the late night levy consultation and appreciates the time taken to complete the survey.

A total of 41 responses were received. Of these, 3 contained no relevant information to the questions posed and were deemed unusable. The analysis presented in this report is based on 38 complete responses.

Responses were received from key stakeholders, including:

• police and crime commissioners
• the Local Government Association
• the Institute of Licensing
• the British Beer and Pub Association
• the Night Time Industries Association

The responses received were as follows:

In light of the government’s commitment to extend the late night levy to LNR providers, which option do you support on the charge to be applied?

• Option 1: Base LNR charges on the current licence fee system as for alcohol venues, with no option for local authorities to apply a discount – 42% (17 responses)
• Option 2: Base LNR charges on the current licence fee system as for alcohol venues, with the option for local authorities to offer a 30% reduction to LNR providers that qualify for SBRR* (as currently available in relation to premises that supply alcohol for consumption on the premises) – 73% (17 responses)
• Neither – 36.84% (14 responses)

*Small Business Rate Relief

The government accepts the result of the consultation and will adopt option 2, to base the late night refreshment charges on the current licence fee system for alcohol venues, with the option for local authorities to offer a 30% reduction to LNR providers that qualify for Small Business Rate Relief (as currently available in relation to premises that supply alcohol for consumption on the premises).

The government will now seek to commence Section 142 of the Policing and Crime Act 2017.

Source: https://www.gov.uk/government/consultations/late-night-levy/public-feedback/late-night-levy-consultation-consultation-responses