Booze sale restrictions would "end" Windsor's nightlife

Members sitting on the licensing panel approved for officers to find out how much it would cost to hire independent expert researchers to survey three statutory licensing options to reduce anti-social behaviour and crime arising from the borough’s thriving nightlife.

This could cost the council up to £20,000.

Within the report, it states people leaving nightclubs and bars at the end of the night in Windsor can lead to “very busy” streets with “boisterous and noisy people”.

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One of the options being considered is the introduction of an early morning alcohol restriction order (EMRO), which would restrict alcohol being sold or supplied in licensed premises in specific areas at a set time between midnight and 6am.

This does not mean premises will have to close or cease trading at that time but would have to stop serving and selling booze.

Speaking at the meeting on Tuesday, April 19, Greg Nelson, trading standards and licensing manager, said EMROs, which were considered by the council previously in 2013, were introduced in 2012 and no local authority has implemented this scheme due to a lack of “robust” evidence.

Blackpool considered EMROs but rejected it over economic reasons (PA)

However, he warned adding an EMRO in Windsor town centre would make it “unprofitable” for nightclubs and other late night venues to operate and could lead to “the end of the night-time economy as we know it.”

This could also lead to a “severe economic impact on the town” as well as a reduction in jobs and visitors. Councillors were told it would have a knock-on effect on late-night takeaways and hackney carriage drivers.

Mr Nelson said: “Any attempts to introduce an EMRO would fiercely be resisted by the licence trade and it’s very likely that some of the companies, which are major companies with very deep financial pockets, would fight this tooth and nail with specialist licencing lawyers.

“Even if an EMRO was introduced, there’s a very real possibility of a judicial review to challenge the process and the outcome, which can result in many tens of thousands of pounds costs whatever the outcome.”

Peascod Street, Windsor (PA)

Another option could be to add a night-time levy on all premises that operate between midnight and 6am to fund policing the night-time economy.

For example, a business with a rateable value between £87,001 and £125,000 could be charged £1,365 annually.

At least 70 per cent of the levy collected will go to the police and up to 30 per cent will go to the council.

Councillors were told this levy might be “unfair” to pubs, bars, and other premises outside the town centre, and setting the levy time later, such as from 2am to 6am, would reduce the number of premises it applies to, therefore making it “uneconomical”.

The third option could be the council drawing up a cumulative impact assessment to help limit the number or types of licence applications granted in areas that are densely populated by premises that sell or supply alcohol or operate late at night.

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This will not affect existing venues.

Independent councillor Geoff Hill (Oldfield) was “worried” the council is looking at this “at the wrong time,” saying: “These businesses are doing their best to recover from Covid, which has been a massive shock. The hospitality sector has been hit harder than anybody probably.”

He also said the levy could “damage” businesses during the cost of living crisis to the point they could “go under”.

Mr Nelson said they were considering conducting a cumulative impact assessment pre-Covid but was paused when the country was put in lockdown.

No final decision has been made as councillors approved to seek how much it would cost to appoint independent experts to research and consult these three options on behalf of the council to see if it can be done within budget and in-house.