An EMRO allows the Licensing Authority to restrict the early morning sale of alcohol if it considers this appropriate for the promotion of the licensing objectives
What the Trade needs to know
An EMRO restricts the time after which alcohol may be sold or supplied, with the time being set by the Licensing Authority being between midnight and 06:00, whether under a Premises Licence, Club Premises Certificate or Temporary Event Notice;
- The proposal to introduce the EMRO has to be advertised by the Licensing Authority on its website, by displaying a notice in the area where the EMRO is proposed and in a local newspaper;
- Holders of Club Premises Certificates, Premises Licences and any person holding a Temporary Event Notice will be notified directly if they are within the area covered by the proposed EMRO and their Club Premises Certificate, Premises Licence or Temporary Event Notice permits the sale of alcohol beyond the time suggested by the EMRO;
- Any representations about the proposal will have to be made within 42 days of those persons being notified of the proposal;
- An EMRO can apply to any specific days, periods, specific areas or even a single street specified in the EMRO but an EMRO will not apply on New Year’s Eve into New Year’s Day;
- There are no exceptions to an EMRO, other than the supply of alcohol to residents through mini bars and room service in premises with overnight accommodation;
- The Licensing Authority will introduce an EMRO if it feels it is ‘appropriate’ for the promotion of any of the licensing objectives;
- EMROs do not restrict the hours during which regulated entertainment can be provided nor the time to which hot food and drink can be supplied; it only restricts the time after which alcohol can be sold or supplied.
Since this power was created in 2012, to date not a single EMRO has been brought into effect by a Licensing Authority in England and Wales.