EMROs may be back? Walsall looking into one.

News reaches us that Walsall Licensing Committee are taking preliminary steps, which could lead to the implementation, of an Early Morning Restriction Order (EMRO). This is a mechanism whereby a Licensing Authority can bring in a blanket restriction on the time alcohol can be sold at any times between Midnight and 6 am and in part or all of a Licensing Authority area. There are no exceptions to an EMRO if adopted except alcohol supplied to residents through room service or mini bars in premises providing overnight accommodation.

If adopted an EMRO can apply to specific areas, specific days only, or a single street, or specific times of the year. It cannot apply to New Year’s Eve into New Year’s day.

EMRO’s do not apply to regulated entertainment or hot food and drink (non-alcoholic).

We are aware of only two other licensing Areas that have formally considered the adoption of an EMRO and these were in Blackpool and Hartlepool, both of which we were involved with and both of which were not adopted. In the case of Blackpool this was in 2014, and in Hartlepool in 2017.

We understand the initial consideration of the matter by Walsall Licensing Authority will take place at a meeting of Walsall Licensing Committee on 22^nd February ay 6pm.

The report to the committee follows the sad death of a local man who was recently killed in the town centre and states as follows;

“Whilst the incident happened in the town centre during the night time economy hours and the investigation is ongoing, at this stage no fault is being apportioned to any licensed premises within the town.

"It has however brought into focus the safety of all those living, working and visiting the town and a consideration of what more can be done to safeguard customers, businesses and indeed public services. One such consideration is whether additional controls can be placed upon licensed premises to close earlier, for example 2am.

The report goes on to recommend:

“a further report is brought to the committee with data and evidence to determine if there are recurring problems such as high levels of alcohol related crime and disorder 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, to determine if an early morning alcohol restriction order (EMRO) is appropriate.”

A link to the agenda and accompanying documents can be found on Walsall Councils website.

We will update you as this matter develops