Propel Legal Briefing - What The Avengers can teach us about the night-time economy by Leigh Schelvis

First appearing for Propel Hospitality in their Legal Briefing on 12th February 2025

Last week, I had the privilege of attending the Night Time Industries Association’s (NTIA) Night-Time Economy Summit 2025, at the Hockley Social Club in Birmingham. These events always fascinate me, not just for the insightful industry talks, but for the chance to step outside my own legal bubble and see the bigger picture. I find that a great way to think about the industry is to refer back to the “beach ball theory”, which I learnt from Living Ventures.

The idea is to think of the sector as a massive, multi-coloured beach ball. It’s easy to get fixated on your own brightly coloured panel, convinced that your view is the only one that exists. But when you take a step back and get the aerial view, you realise the ball is made up of many different panels, each playing a crucial role in holding it all together. It’s a full technicolour spectacle, and we’re all part of keeping it spinning (and inflated).

The NTIA summit brings together a diverse mix of stakeholders from the night-time economy, including local authorities, charities, lawyers, suppliers, managers and artists. I had the privilege of listening to a range of talks covering different aspects of the late-night sector. While the topics and delivery styles varied, they all came back to the same key message: the need for unity and collaboration – because as any Avenger knows, you can’t save the world alone.

This slightly odd thought came to me during these discussions. In a way, each stakeholder is a hospitality superhero, each equipped with a unique skill set. Individually, they all have their own strengths, but when they come together, pooling their talents and tackling challenges as a team, they become something even greater. Much like The Avengers assembling, their true power lies in working as one.

Unfortunately, there was very little honest discussion about the specific financial struggles that each hospitality stakeholder is facing, in fact, I can’t recall any – but there’s no denying the ongoing pressures the industry continues to face, with even more challenges on the horizon. With the current Budget, it almost feels like the government is playing the role of Loki, the god of mischief – always making things just a little harder than they need to be. Or worse, smashing through businesses like the Hulk.

The circumstances are far from ideal, but the industry has two choices. It can either accept these challenges as unbeatable and wait and hope for things to improve, or it can join forces, collaborate, assemble and keep fighting. So, what superpowers do each stakeholder or superhero/heroine possess? The answer is plenty, but here are just a few (in my humble opinion).

Operators are much like Iron Man – armed with creativity, innovation and, in many cases, technology to enhance their offerings and keep the industry evolving. They play their part by investing in their staff, improving venues and refining their products. Like Stark upgrading his suits, operators must constantly refine their strategies to stay ahead. It was fascinating to hear from operators who are involved in the hugely popular competitive socialising space and finding out about the challenges of making their experiences appealing while catering to a diverse range of customers.

Then we have safeguarding organisations and initiatives such as Ask for Angela and Safeguarding Nightlife. Much like Captain America, they equip stakeholders with the training and knowledge needed to shield vulnerable customers, staff and members of the community. Local authorities also share these protective superpowers.

The local authorities will also fall into this category, and we have recently seen the Local Government Association (LGA) called for reforms to aspects of the Licensing Act 2003, including an increase in licensing fees, the addition of public health as a licensing objective and cumulative impact assessments (CIAs). Licensing fees have remained stagnant since 2007, and the call for an increase would give local authorities the resources to better fulfil their statutory duties.

The introduction of public health as a fifth licensing objective would align with the broader public safety objective, helping build a healthier and more resilient community. However, CIAs have always sparked debate within the industry. Local authorities tend to see CIAs as essential tools for reducing crime and disorder, while operators often view them as barriers to investment and growth in town centres and on the high street. Just like Spider-Man’s web-slinging through the city, these policies aim to create a safety net, but if not carefully managed, they risk leaving businesses tangled in red tape and turning into Venom.

The role of the police is another point of discussion. Some question whether their time spent on routine licensing inspections could be better directed towards tackling serious issues, like knife crime and mobile phone theft. As Spider-Man often hears: “With great power comes great responsibility.” Striking the right balance between regulation and enforcement is crucial to ensuring that safety measures support, rather than stifle, the industry.

The industry is also privileged to have access to valuable data-capturing sources like KAM, which uses its Hawkeye-level precision to gather market insights. Its ability to spot trends from a distance helps operators understand shifts in consumer behaviour and adapt their offerings accordingly.

Then there are the lawyers, the keepers of balance between operators and authorities. They work to maintain peace and ensure fairness but, much like Thor, sometimes they have to swing their hammer – occasionally even at their own clients.

Of course, there’s bound to be some disagreement on the best way forward. What works for one stakeholder might feel like a direct hit for another (looking at you, CIAs!) That’s just the reality of the industry, but these conversations matter and must happen. Just like the beach ball theory, every perspective adds to the bigger picture. The more we talk, share and challenge each other, the better equipped we all are, because even the Avengers argue before they get the job done and defeat the villain.

One particularly vocal advocate for the night-time economy is Sacha Lord. Before the most recent election, and during his time advising the Labour Party, he has publicly called out the government for neglecting the hospitality sector, urging it to do better and provide the support the industry desperately needs.

London mayor Sir Sadiq Khan has also stepped up to protect the capital’s nightlife. Recognising the challenges ahead, he has assembled a task force of front-line nightlife experts to help support and strengthen the city’s night-time economy. Much like Nick Fury bringing together the Avengers, this group is designed to help London’s nightlife community navigate industry challenges and combat global threats.

Speaking of threats, the NTIA recently revealed some pretty sobering stats. Since 2020, the UK has seen a 32.7% drop in nightclubs. That’s a Thanos-level snap, wiping out a third of venues in just a few years.

So, what can we do about it? Well, we could sit back and hope for the best, or we could take notes from places that are actually getting it right. Enter Australia, specifically New South Wales (NSW). The NSW government has taken nightlife seriously, appointing the world’s only 24-hour night-time commissioner, Michael Rodrigues. This role has now been appointed as a statutory position by the NSW government. His job is to keep the night-time economy alive and kicking by focusing on five key pillars:

1. Enabling regulatory framework
2. Vibrant coordinated precincts and places
3. Night-time workers, culture and industry collaboration
4. Safety, mobility and access inclusion
5. Authentic storytelling

This approach seems to be having traction and is seeing Sydney move up the ranks as a global nightlife destination.

Much like the Avengers, every stakeholder in the night-time economy brings their own unique strengths and skills to the table. Individually, they’re powerful, but together, they form a force capable of tackling even the biggest threats. Now is the time for the Hospitality Avengers to assemble, tackle the challenges ahead and work towards reversing the blip. This is the industry’s endgame. Assemble, or fade away.

Leigh Schelvis is a senior solicitor at John Gaunt & Partners