Licensing policy

Early Morning Restrictions Orders (EMRO)

33.1 The power for licensing authorities to introduce an EMRO is specified in sections 172A to 172E of the 2003 Act which was amended by Section 119 of the Police Reform and Social Responsibility Act 2011. These provisions came into force on 31st October 2012.

33.2 Regulations prescribing the requirements in relation to the process for making an early morning restriction order (EMRO) were brought in force on 31st October 2012.1

33.3 Guidance2 has been introduced in relation to:

  • the EMRO process
  • the evidence base
  • introducing an EMRO
  • advertising an EMRO
  • dealing with representations
  • hearings
  • implementation
  • limitations
  • enforcement

33.4 The legislation gives licensing authorities discretion to restrict sales of alcohol by introducing an EMRO to restrict the sale or supply of alcohol to tackle high levels of alcohol related crime and disorder, nuisance and anti-social behaviour. The order may be applied to the whole or part of the licensing authority area and if relevant on specific days and at specific times. We must be satisfied that such an order would be appropriate to promote the licensing objectives. 33.5 The only exemptions relating to EMROs are New Year’s Eve and the provision of alcohol to residents in premises with overnight accommodation by means of mini bars and room service. The decision to implement an EMRO should be evidence based and we may wish to outline the grounds which we will take into consideration when considering implementation of an EMRO. This should include consideration of the potential burden imposed as well as the potential benefits.

33.6 We may wish to amend references to hearings in our policy to reflect any procedural changes outlined in regulations. We may also wish to include a map or maps of proposed EMRO areas. The function of making, varying or revoking an EMRO is specifically excluded from the delegation of functions and may not be delegated to the Licensing Committee but is exercised by Full Council..

1The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012 (legislation.gov.uk)

2[Withdrawn] Police Reform and Social Responsibility Act: supporting guidance - GOV.UK (www.gov.uk)