(4 months, 1 week ago)
Lords ChamberMy Lords, given that airports have failed to meet the deadline that the Government suggested for introducing the rule about being able to carry liquids on board, and that there are long delays at Dover every possible bank holiday weekend, how confident is my noble friend that this deadline will be reached? What will happen if the delays are insufferable? Will additional staff be in place to assist passengers in this regard?
My Lords, considerable investment is going into the queues at Dover. Noble Lords may be aware that the Department for Transport has provisionally awarded £45 million of levelling-up fund money to Kent County Council for the Dover border improvement project, which aims to substantially reduce outbound queues at the port. Ferry operators have previously been very pragmatic about allowing vehicles on to ferries if crossings are missed due to disruption, but we recognise the impact of disruption. The Kent Resilience Forum has a package of well-tested traffic management plans to manage disruption to keep passengers and freight traffic flowing.
(8 months, 3 weeks ago)
Lords ChamberShe is not a colleague so, no, she has not shared it. I am not going to second-guess what she was trying to say this morning; that would be foolish. As regards having two Ministers for Immigration, this is a big subject so, clearly, it deserves two. I suppose I could give a flippant answer: at least they will be able to process these claims twice as fast.
My Lords, I absolutely support the Government’s attempts to outlaw and stop the work of these criminal gangs, but we must proceed on a safe legal basis. My noble friend has accepted that the Government are proposing to set aside part of the ECHR. Can he confirm that we are still bound by the provisions of the international convention on refugees? Does he share my concern that, if reports are correct, the Rwandan Minister of Foreign Affairs and International Co-operation issued a statement yesterday saying the following:
“Without lawful behaviour by the UK, Rwanda would not be able to continue with the Migration and Economic Development Partnership”?
Can my noble friend give me a reassurance today that that will not be the case and we will proceed by legal means?
As I said in answer to an earlier question, Clause 1(6) details international law. It includes the human rights convention; the refugee convention; the International Covenant on Civil and Political Rights of 1966; and the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment of 1984. I could go on. I suggest that we read Clause 1(6); it is very clear.
(10 months ago)
Grand CommitteeMy Lords, I declare an interest as chair of the Commission on Alcohol Harm. I am grateful to the Minister for the way in which he has introduced these regulations and welcome that temporary event notices will not be continued.
I will focus on the impact of easement, because different health and crime risks are associated with on-sales and off-sales. There is evidence from the Institute of Alcohol Studies that, while on-sales were not happening because of Covid, sadly, the incidence of alcohol-related violence did not drop. There is a link with off-sales. In licence hearings, responsible authorities and interested parties often present evidence of off-sales being a contributory factor in crime and anti-social behaviour.
There are four licensing objectives, which we need to remember: the prevention of crime and disorder; the protection of public safety; the prevention of public nuisance; and the protection of children from harm. There is a concern that making the regulatory easements permanent could undermine local statements of licensing policy. How will responsible authorities and other parties be able to make representations regarding the suitability of the extension and how will any data be collected?
One of the problems with alcohol availability is that it plays a key role in being the biggest risk factor for death, ill health and disability among 15 to 49 year-olds—young people with their lives ahead of them. The density of licensed premises is correlated with alcohol-related deaths, hospital admissions and neighbourhood deprivation. In Scotland, research found that neighbourhoods with the most alcohol outlets had crime rates over four times higher than those with the least. Public health and licensing have to be linked, and there is overwhelming support from directors of public health for them to be included in discussions of licensing. How will they be included, to allow local authorities to make decisions in the overall interest of their community, not only of the landlord of the pub?
How will all this be monitored before the next deadline date? The balance of sales of food and drink in pubs and other places of hospitality and the social interaction that is important for a community to have somewhere to go, meet and interact does not happen with off-sales to anything like the same extent. A lot of lone drinking, which is really harmful in society, is linked to off-sales.
I hope the Government will follow the advice that came from the Secondary Legislation Scrutiny Committee:
“The Government intend to use this 18-month extension to formulate and bring forward a long-term policy in the area. When doing so, we”—
that is, the committee—
“expect the Government to provide Parliament with a more robust evidence base, including addressing concerns put forward in the consultation”.
My Lords, I congratulate my noble friend the Minister and support him in bringing forward these regulations. I share my noble friend Lord Smith’s ambition that we might eventually have a permanent pavement licence. I declare my interest at the outset as chairman of the original committee on the review of the Licensing Act 2003, of which my noble friends Lord Smith and Lord Hayward were leading lights. I also had the privilege to chair the follow-up inquiry, which was instigated by the Deputy Speaker and the Liaison Committee. I also have the privilege of chairing PASS, the national proof of age standard scheme.
I have a couple of questions for my noble friend the Minister. In its helpful briefing, the Secondary Legislation Scrutiny Committee indicates at paragraph 13 that the Government are probably underestimating the benefits to the economy, the hospitality sector and employment of the extension of pavement licensing, which promotes the possibility for businesses to know with certainty that they will be able to have that licence until the end of March 2025, as my noble friend said. Does he accept that the lack of reliable data points to the Government being very conservative and underestimating the potential for higher employment and increased outside socialising?
I hope the regulations will lead to the café culture that lay behind the original philosophy of the 2003 Act. However, conflicts could arise where residential developments are built adjacent to existing premises that have a well-developed business model with outside pavement licensing. Equally, there could be an application for a new business adjacent to a residential area.
In earlier proceedings on the levelling-up Bill, a number of us who served on the licensing review committee brought forward an amendment to introduce the agent of change principle. Might my noble friend open the door to considering developing that principle in his discussions in the department? It would go a long way to resolving some of these difficulties at the earliest possible stage.
With those few remarks, I wish my noble friend every success with these regulations.
(1 year, 3 months ago)
Lords ChamberI am not quite sure what the noble Lord suggests would result from such a negotiation. Of course it is right that the Government discuss international migration issues on a regular basis. We saw that at the recent meeting of the Council of Europe. We recognise that no single measure will control immigration. As the impacts of temporary pressures become clearer, we will keep matters under review. The Government will continue to strike the balance between reducing overall net migration and ensuring that businesses have the skills that they need. We continue to support economic growth.
My Lords, does my noble friend accept that a promise was made at the time of the referendum campaign that immigration would be reduced? Looking ahead to the forecast for this current year, mindful that he said in his reply that net figures would reduce, will the illegal migration forecast for 2023 be higher or lower than the figures that he has given us today?
I am unwilling to engage in conjecture as to what the figures will be for the coming year, but it is certainly clear that the measures we have announced on the student route reform, which the House heard about on the previous Question, will have a considerable effect in reducing the levels of migration in those categories for the year commencing January 2024. We will have to see what the statistics reveal in due course.
(1 year, 3 months ago)
Grand CommitteeThat the Grand Committee takes note of the Report from the Liaison Committee The Licensing Act 2003: post-legislative scrutiny Follow-up report (2nd Report, HL Paper 39).
My Lords, I am grateful for the opportunity to debate this report and I thank all who will be contributing this afternoon, especially my noble friend the Minister. I look forward to noble Lords’ contributions to the debate.
It was an honour to chair the original inquiry and serve with such distinguished colleagues on the committee. This was a timely opportunity to review the Licensing Act 2003, which transformed the legal regime governing the sale of alcohol, replacing licensing provisions across 10 statutes and unifying them in one Act. The Act liberalised alcohol licensing and transferred authority for licensing from the judicial system to local authorities, establishing licensing committees to make decisions on enforcing the provisions of the Act.
I declare my interests in the register as the non-executive chair of the National Proof of Age Standards Scheme—PASSCO CIC—and as a non-practising member of the Faculty of Advocates.
I thank all those who made this inquiry possible, especially the members of the Liaison Committee, who kindly agreed to a follow-up report on our original inquiry. I also thank our original clerk, Michael Collon; our specialist adviser, Sarah Clover; and all the committee staff on our follow-up inquiry, including Christopher Clarke, Heather Fuller, Philippa Tudor and Hannah Murdoch. I express our gratitude to the witnesses for their extremely helpful evidence.
The report focuses on specific areas: the co-ordination of licensing and planning systems; the agent of change principle; training; access to licensed premises for disabled people; the night-time economy; the pricing and taxation of alcohol; the sale of alcohol airside at airports; application systems; and the national database for personal licence holders. The work of the committee straddled two principal departments: the Home Office and what is now the Department for Levelling Up, Housing and Communities. We are grateful to the Ministers of those departments for engaging with us.
Although it was not focusing on the impact of Covid-19 on licensed premises, the committee was mindful from the evidence that it heard of the effects of Covid on the hospitality sector and the night-time economy.
The Government responded to our follow-up report in November 2022. I must express a degree of disappointment that they were unable to support many of our conclusions and recommendations, particularly with regard to co-ordinating licensing and planning systems and the agent of change principle, but also on disabled access. The committee recommended that the existing law be amended to require that an application for a premises licence should be accompanied by a disabled access and facilities statement. I ask my noble friend the Minister for a progress report on both this aspect and the review to Part M of the building regulations, as well as on the timescale for finalising and implementing any changes. In particular, will the provisions be extended to the accessibility of existing premises? Also, following the welcome appointment of the disability and access ambassador, has there been any significant change to access?
I also press my noble friend to confirm whether a national working group relating to the night-time economy has been established, as the Government promised, to look at reducing alcohol-related offending. If so, who sits on it, and where can information on it be found?
On training, the Government undertook to discuss with training providers whether additional signposting could be included in the Section 182 guidance and to continue to support efforts to ensure that all those involved in licensing work are trained accordingly. Can my noble friend update us on progress, and, equally, on the rollout for training for police licensing officers?
Regarding the sale of alcohol airside, the Government rejected the committee’s request to review its decision not to proceed with licensing airside within three years. Given the potential toxic mix of excessive alcohol consumption and air rage, will my noble friend revisit this decision?
It is highly recommended that the Government do a formal review of the impact of minimum unit pricing across Scotland and Wales.
UKHospitality has made some powerful comments regarding the late-night levy regulations being repealed and supports the committee recommendations that the Government should consult with industry and interested parties on the efficacy of the levy, suggesting that these powers be removed unless meaningful benefits are identified.
When do the Government expect to publish their response to the recent consultation under the Policing and Crime Act 2017?
The Institute of Licensing has called for the agent of change principle to be adopted into the Section 182 guidance to ensure that licensing guidance reflects the National Planning Policy Framework. In the debate on the levelling-up Bill on Monday 24 April, the Minister, my noble friend Lady Scott, said in response to an amendment tabled by the noble Baroness, Lady Henig, the noble Lord, Lord Foster, who is present today, and me, that
“the Government agree that co-ordination between the planning and licensing regimes is crucial to protect those businesses in practice. This is why in December 2022 the Home Office published a revised version of its guidance, made under Section 182 of the Licensing Act 2003, cross-referencing the relevant section of the National Planning Policy Framework for the first time”.
The passage that I quote now is the most significant. Crucially, she went on to say:
“we will make sure that our policy results in better protections for these businesses and delivers on the agent of change principle in practice … the Government’s policies embed the agent of change principle and … we will continue to make sure it is reflected in planning and licensing decisions in future”.—[Official Report, 24/4/23; col. 995.]
I raise this as the sense and meaning of that passage is not entirely clear from either the levelling-up Bill or my noble friend Lady Scott’s comments. Any clarification would be appreciated. Do my noble friend’s comments indicate that the Government might bring forward an amendment to the levelling-up Bill in this regard? That would be most welcome.
There are three other issues relating to the agent of change principle. The first is inadequacy of policy. The agent of change principle is found only in policy, in the National Planning Policy Framework and, since December 2022, in the Secretary of State’s Section 182 licensing guidance, both in identical terms:
“Planning policies and decisions should ensure that new development can be integrated effectively with existing businesses and community facilities (such as places of worship, pubs, music venues and sports clubs)”,
et cetera.
The policy is inadequate because it is ambiguous. Currently, the language makes it clear that the policy is necessarily vague in order to be flexible in various circumstances. Terms such as “effectively”, “unreasonable” and “suitable” present challenges for all parties and decision-makers as they attempt to define what the precise meaning should be in any given case. Developers are likely to be in a superior position to argue their case than the existing businesses, who may not have a seat at the negotiating table at all.
In the amendment that we tabled in Committee, we attempted to ensure that statutory provisions will be defined so as to reduce this ambiguity. The proposed amendment sets out concrete expectations, such as the mandatory preparation of noise reports where existing businesses are identified.
The second reason for addressing this inadequacy of policy relates to planning balance. As in any policy area, a balance must be reached between competing interests. Planning and licensing policies compete with each other in a balancing exercise—literally called the “planning balance” in the NPPF. The decision-maker must place weight on the competing policies on a case- by-case basis.
Finally, this should be mandatory. Existing businesses may not even be aware that a planning application that potentially affects them has been made to the local planning authority. Local planning authorities are very dependent on consultees drawing relevant matters to their attention. Decision-makers may be unaware of any “unreasonable restrictions” that might be placed on existing businesses as a result of the decision that they are about to make. Therefore, in my view, this amendment is key to the future agent of change being properly understood and applied.
In conclusion, I return to one of our key recommendations: co-ordination between licensing and planning systems. May I press my noble friend the Minister to clarify what changes have been implemented to improve the co-ordination of these systems?
I am delighted to recommend this report to the Committee and beg to move.
I am grateful to everyone for their contributions, particularly my noble friend for his full response. It seems as though we have had a lot of consultations and workshops, but my noble friend will have picked up, in the mood of the Grand Committee, that we are calling for action.
I am grateful to the noble Lord, Lord Foster, for emphasising the importance of the Select Committees and the follow-up reports of the Liaison Committee, because, particularly in this instance, they were timely reviews of the Licensing Act.
My noble friend Lord Holmes of Richmond spoke very powerfully on disabled access, as did others. I think every contributor mentioned it. It is unfortunate that we have not yet achieved this; an application for a premises license is still not accompanied by a disabled access and facilities statement. It is the mood of the Committee that that should take place.
Also, the Minister referred to the review under Part M of the building regulations, but he did not actually say whether it will be extended to the accessibility of existing premises. I would be grateful, if there is an opportunity, for him to confirm that in a letter following this. My noble friend Lord Holmes of Richmond also pointed out that reducing the deadline to two weeks for the licensing of premises is weakening the ability of vulnerable and disabled people to respond.
The noble Baroness, Lady Walmsley, asked what is in it for local authorities too. I think I remember reading somewhere that there might be an additional fee, but I am not at liberty to say that, so perhaps my noble friend the Minister could reply on that point—although I realise that it is a different department to his own.
All speakers mentioned the training, so we will obviously follow that very closely. The Minister referred to the working group which is being set up. As all speakers, I think, said they were interested in that, a signpost as to where it is would be very helpful indeed.
I am very mindful that young people’s contribution to this economy is huge. I say that having started off my working life as a waitress and my student life as a part-time barmaid—with disastrous results; I do not think I was destined to be full time. As the noble Lord, Lord Ponsonby, said, we are all very mindful of the fact that, during Covid, there was huge disruption there.
My noble friend Lord Smith mentioned the role of working clubs, and I am delighted to be an honorary president of Pickering Conservative club. Others, such as the Royal British Legion club, play a fantastic role in this regard, particularly in rural communities. I hope that we have strengthened the will of both the Home Office and the Department for Levelling Up, Housing and Communities in this regard.
There was a real appetite in this debate for the agent of change principle to be enshrined on a statutory basis. We had some expert advice from the Institute of Licensing from two very powerful witnesses, so, if we achieve nothing else, we should achieve a statutory basis for that. I hope that there is still time for my noble friend Lady Scott to bring such an amendment forward. I am grateful for having the opportunity to rehearse these arguments again, and I commend the Motion.
(1 year, 3 months ago)
Lords ChamberMy Lords, the noble Baroness asks me to comment on operational policing matters. I have talked a bit about neighbourhood policing activities; I have also, on a number of occasions, said that 91% of policemen are involved in front-line activities. These are really issues that should be debated between police and crime commissioners and chief constables, depending on the area.
My Lords, as my noble friend Lord Bellingham said, rural crime takes on a life of its own. North Yorkshire was the first police force, I understand, to create a rural task force. Will the Home Office give a specific target for rural crime to ensure that the funding for such task forces is secured going forward?
My noble friend will be aware that, as I said in answer to the previous question, these are operational matters for chief constables and police and crime commissioners—and, of course, in the case of police and crime commissioners, the people who elect them.
(1 year, 4 months ago)
Grand CommitteeMy Lords, I am before the Committee today to propose the extension of licensing hours in recognition of His Majesty the King’s Coronation. I ask your Lordships to support the order to extend licensing hours on Friday 5 May, Saturday 6 May and Sunday 7 May.
Section 172 of the Licensing Act 2003 allows the Secretary of State to make an order relaxing opening hours for licensed premises to mark occasions of
“exceptional international, national, or local significance”.
The Government consider the Coronation to be such an occasion. This will be a period in which we celebrate our new monarch. I am sure many people will want to gather with their family and friends to raise a glass to His Majesty the King and wish him a long and successful reign.
The extension will apply to premises licences and club premises certificates in England and Wales, which license the sale of alcohol for consumption on the premises. These premises will be allowed to remain open until 1 am without having to notify the licensing authority via a temporary event notice, as would usually be the case. The order covers only sales for consumption on the premises after 11 pm. It does not cover premises which sell alcohol only for consumption off the premises, such as off-licences and supermarkets.
Premises that are licensed to provide regulated entertainment will be able to do so until 1 am on the nights covered by the order, even where those premises are not licensed to sell alcohol. This includes, for example, venues holding music events or dances as well as theatres and cinemas. Premises which provide late-night refreshment —the supply of hot food or hot drinks to the public—between 11 pm and 5 am but do not sell alcohol for consumption on the premises will not be covered by the order; such premises will be able to provide late-night refreshment until 1 am only if their existing licence already permits this.
The Home Office conducted a public consultation, which ran from 19 December 2022 to 23 January 2023. The majority of respondents agreed with the extension on the three proposed dates and that it should apply to England and Wales. The consultation also received responses from numerous trade organisations, which were supportive of the extension of licensing hours. The National Police Chiefs’ Council and the Local Government Association were both in agreement with the proposed extension to licensing hours for His Majesty the King’s Coronation.
I would therefore greatly welcome the Committee’s support for this measure to help celebrate a special and historic moment in our national history. I commend the draft order to the Committee. Mine’s a pint, God save the King and I beg to move.
My Lords, I warmly welcome this order. This is a very appropriate opportunity to raise a glass in the way that my noble friend suggested. We looked very closely at the issuing of licences under the original ad hoc committee on the Licensing Act 2003 and the follow-up inquiry and continue to take a close interest in that.
I am not suggesting that it should be extended, but what is the thinking behind applying the extension to three days only and not to the bank holiday Monday?
If I have understood correctly, the fee has been kept at £21. That is very welcome, as it is mindful of the constraints under which the licensed premises operate. One reason why this is an excellent idea is to recognise what a hard time our hospitality sector has had coming out of Covid.
I think all of us look forward to supporting the industry in this way to the best of our ability—within moderation, obviously.
My Lords, I looked at the 2003 legislation, which permits such variation as proposed here, and noted, as the Minister did, that such relaxation is allowed to mark occasions of “exceptional national significance”. Even the most ardent republican could hardly argue that the Coronation this year will not be an exceptional event or matter of national significance. In fact, no one in this country under the age of 70 has been alive while there has been a Coronation, so it must fulfil that criterion. I will raise a couple of questions about the consultation process and perhaps go a little wider than this immediate measure.
First, in relation to this measure, I query whether it remains sensible for things such as this to be considered as part of the brief of the alcohol policy team at the Home Office. Given concerns about alcohol misuse, would it not be more appropriate for it to be handled by the Department of Health and Social Care rather than the Home Office?
Of course, I recognise that a number of stakeholders are involved in such a consultation, but it seems to me that some sort of qualitative analysis is needed rather than a quantitative one. I noted that around 50 responses were received. We are told that 37 or so were in favour and 11 were against. You could say that this means that 75% support it, so we should too, but I do not think that is a very good way, in public policy terms, of handling a consultation. The consultation is rather smaller in scale than that for the previous subject we discussed, which was on the microchipping cats and dogs. For that, there were 33,000 responses, but for the issue of these licences there were 50. It seems to me that, in considering a consultation on such issues, we should look at where the various stakeholders may be coming from—for example, the hospitality industry, the police and security, and health services. The Government engaged a very good list of consultees, but to answer every point with “Yes” or “No”, “For” or “Against”, with only one open question, does not really deal with the nub of the issues.
It would, perhaps, make more sense to list the responses from the hospitality industry about whether it welcomes this as a boost after a particularly hard two or three years or whether it thinks that it would cause problems for its staff. We perhaps need to hear separately from the police and those involved with neighbourhood policing issues about whether they consider it appropriate. We would also like to hear from the Department of Health and Social Care, trade associations concerned with beer, pubs, wine and spirits, and groups such as the Institute of Alcohol Studies and Alcoholics Anonymous about any consequences that they might see. That might help us form a better approach to assessing whether this is an appropriate measure. However, I certainly think it is, and it has my full support.
(1 year, 5 months ago)
Lords ChamberI am conscious that that is an issue to which the Home Office is paying close attention in light of the recent cases. I am happy to write to the noble Baroness about it and to deposit that letter in the Library.
My Lords, is my noble friend convinced that the current rules on indecent exposure go as far as they possibly could? Can he think of a reason why the perpetrator who went on to murder Sarah Everard was not apprehended and prosecuted for earlier offences of indecent exposure, which could have prevented her sad death?
I am conscious that the case to which my noble friend alludes is a terrible one, and officials in the Home Office are very alive to it. The safer streets fund has worked with various local authorities to reduce the risk of incidents of indecent exposure. In particular, one project at the Basingstoke Canal had the effect of reducing incidents by 55%. Clearly there is much more to be done, but I assure my noble friend that that work will continue.
(2 years, 1 month ago)
Lords ChamberThe answer to the final part of the noble Lord’s question is yes. The estimated cost of programme delivery has increased since 2015, as I outlined. The primary reason for the increase is additional coverage costs being much higher than originally anticipated. The additional coverage relates to things such as build work for extending ESN into remote areas, to the London Underground and into the air. The noble Lord knows that I remain concerned about the delivery of this programme, but when it is delivered it will achieve that which we have set out.
My Lords, does my noble friend agree that the delay to masts piggybacking on the emergency services mobile network in North Yorkshire is regrettable? I welcome the fact that they are coming online within the next six or nine months. Will my noble friend ensure that there is no further delay? These are the emergency service communications enabling North Yorkshire Police to communicate with each other in the very remote terrain of North Yorkshire.
On the back of the point from the noble Lord, Lord Harris, that is precisely the sort of capability we are looking to achieve. We are also building 292 masts in some of the most rural and remote parts of Britain, known as the extended area service or EAS. I am confident. I pay tribute to the noble Lord, Lord Harris, because when he pointed it out to me all those years ago, it was a huge concern. It remains a huge concern, but we are very much determined to deliver it.
(2 years, 2 months ago)
Lords ChamberI repeat that the areas that need more resource will be provided with it, and the figures I gave on passports within 10 weeks and driving licences are absolutely correct. However, there has to be recognition that new ways of working demand that we look at our workforce and decide how it is best served to deliver for that organisation—for example, in the area of automation.
My Lords, my noble friend has touched on working from home and trying to reach an accommodation with civil servants in this regard. Will she give us an assurance that civil servants who are working from home are not claiming and being paid a London weighting allowance?
What I can say to my noble friend is that the reductions will be laid out in more detail in due course. I cannot give her an answer, because I suspect that there is not one at this time.