9. Early Morning Restriction Orders (EMROs)

9.1 In October 2012 Government gave the Council the power to make, vary or revoke an Early Morning Restriction Order (EMRO). This power enables the Council to prohibit the sale of alcohol for a specified time period between the hours of midnight and 06:00 hours in the whole or part of its area, where it is satisfied that this would be appropriate for the promotion of the licensing objectives. An EMRO does not have to apply on every day of the week; it can apply for different time periods on different days of the week. Furthermore, an EMRO can apply for a limited or unlimited period.

9.2 An EMRO will not apply:

  • to any premises on New Year’s Eve (defined as midnight to 06:00 hours on 1 January every year)
  • to the supply of alcohol to residents by accommodation providers between midnight and 06:00 hours, provided the alcohol is sold through mini- bars/room service
  • a relaxation of licensing hours by virtue of an order made under section 172 of the Licensing Act 2003

9.3 EMROs are designed to address recurring problems such as high levels of alcohol related crime 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.

9.4 The application of an EMRO is a powerful tool and therefore the Council will consider whether other measures can address the problems identified as the basis for introducing an EMRO. These measures might include:

  • introducing a cumulative impact policy
  • reviewing licences of specific problem premises
  • encouraging the creation of business-led best practice schemes in the area

9.5 Where problems persist, the Council should be satisfied that it has sufficient evidence to demonstrate that making the EMRO would be appropriate for the promotion of the licensing objectives. It should consider evidence from partners, including responsible authorities and local community safety partnerships, alongside its own evidence, to determine whether an EMRO would be appropriate. Any decision to make an EMRO will be made by full Council on the recommendation of the Licensing Committee.