Explanatory note

These Regulations prescribe requirements in relation to the process for making an early morning alcohol restriction order (“EMRO”) under section 172A of the Licensing Act 2003 (“the 2003 Act”).

The framework for EMROs is set out in sections 172A to 172E of the 2003 Act, and enables a licensing authority to make an EMRO in its area if it considers that this is appropriate for the promotion of the licensing objectives. An EMRO has the effect of prohibiting the supply of alcohol under the 2003 Act, subject to prescribed exceptions. An EMRO may apply for any period beginning at or after midnight and ending at or before 6am, on all or some days, for different periods on different days, for a limited or unlimited period and in relation to the whole or any part of the licensing authority’s area. The framework confers a number of powers on the Secretary of State to prescribe by regulations matters relating to the advertising of the proposal to make an EMRO, how and when representations (whether by persons affected by the proposal or otherwise) can be made, the hearing of any such representations and how the EMRO is published.

Regulation 1 makes provision to the effect that these Regulations come into force simultaneously with the introduction of sections 172A to 172E into the 2003 Act, because these Regulations prescribe matters which are necessary to give effect to those provisions.

Regulation 2 defines a number of terms to which reference is made in these Regulations.

Regulation 3 prescribes the form and content of an EMRO (set out in Schedule 1).

Regulation 4 prescribes how a licensing authority must advertise a proposal to make an EMRO, including a requirement that it publishes notice of the proposal on its website for at least 42 days and sends notice to all affected persons (defined in section 172B(3) of the 2003 Act).

Regulation 5 prescribes the form of representations (set out in Schedule 2), and the time and manner by which they must be made to the licensing authority.

Regulations 6 to 13 prescribe how a licensing authority will hear and determine representations (where made) in relation to its proposal to make an EMRO. These regulations amend the Licensing Act 2003 (Hearings) Regulations 2005 (SI 2005/44) so as to apply to the EMRO process aspects of existing processes which apply to the determination of other matters under the 2003 Act, but these Regulations also confer additional case management powers on a licensing authority to ensure that it can hear and determine relevant representations in a manner which safeguards the rights of those who have made such representations.

Regulation 14 prescribes the form in which an EMRO must be published by a licensing authority after it is made, and the time and manner by which those steps must be taken.

Regulation 15 prescribes exceptions to an EMRO. These are:

• hotels and comparable premises (i.e. guest houses, lodging houses or hostels) at which any supplies of alcohol between midnight and 6am may only be made to persons staying at the premises for consumption in their rooms (e.g. alcohol supplied by room service or by virtue of mini-bars); and

• licensed premises which supply alcohol in the early hours only on 1st January each year.

Premises of these descriptions may continue to supply alcohol notwithstanding that they are situated in an area in which an EMRO applies.

A full regulatory impact assessment on the effect of this instrument is annexed to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk.