Licensing Act 2003: Post-Legislative Scrutiny (Licensing Act 2003 Report)

Baroness McIntosh of Pickering Excerpts

Wednesday 20th December 2017 Lords Chamber

Moved by

[Baroness McIntosh of Pickering]

That this House takes note of the Report from the Select Committee on the Licensing Act 2003, The Licensing Act 2003: post-legislative scrutiny (Session 2016–17, HL Paper 146).

[Baroness McIntosh of Pickering (Con)]

My Lords, it was an immense privilege to chair the Committee on the Licensing Act 2003 and it is an equal privilege to be opening today’s debate. I refer to my interests as set out in the register, including membership of a number of all-party groups relevant to the inquiry, such as those on beer, on whisky and on wines and spirits. My husband has worked for many years for international airlines and more recently with the London School of Mediation.

We were extremely fortunate to have had an excellent, knowledgeable clerk, Michael Collon; a specialist adviser, Sarah Clover; and policy analysts, initially Tansy Hutchinson and then Ben Taylor. They were a pleasure to work with and we are very grateful to them. The committee is also indebted to all those witnesses who gave us such valuable written and oral evidence. I had hoped that we might visit various establishments at which alcohol is licensed, such as pubs, clubs and casinos, but sadly, time and resources did not permit. However, I did visit Amsterdam in a personal capacity to meet the night mayor and hear how they manage their night-time economy so successfully. The committee was enjoyable, interesting, disturbing and challenging. It was enjoyable because of its strong team of members who took to their task with great gusto and expertise, and I am glad to see so many noble Lords who were members present today.

What was disturbing was the evidence showing how much was wrong with the Act itself and, even more so, with its operation. It was challenging to formulate recommendations which, if implemented, might help to remedy the situation. The words “if implemented” are of course key. We reported in April. Seven months later we received the Government’s response, aspects of which we welcome, including recommendations which the Government accepted or were prepared to consider. However, there were also major recommendations that the Government rejected. I am glad to see my noble friend Lady Williams of Trafford in her place to answer the points that I and other noble Lords will be making. The committee reached a number of conclusions on which we would like to see government action.

In the 11 years the Licensing Act 2003 has been in force, hardly a year has passed without major amendments to it. Historically, licensing applications were determined by justices of the peace to control the sale of alcohol, a practice which lasted for 500 years until the Licensing Act 2003 transferred this duty to local authorities, acting through licensing committees. We believe it was a mistake and a missed opportunity to set up new licensing committees when the planning system was already available to regulate the use of land for many different purposes. The planning system is well suited to dealing with licensing applications and appeals, in which the interests of residents are always taken into account.

In evidence we received, hearings before licensing committees were described as “something of a lottery”, lacking “formality”, and “indifferent”, with some,

“scandalous misuses of the powers of elected local councillors”.

The committee was told of the deep disconnect between licensing and planning. The two need to be joined up. The planning system works much better because of the greater volume of work and better support from professionals. That is why we recommended that licensing applications should be heard by planning committees. The system of licensing committees had its defenders—the councillors themselves, local authorities and the Government—but also its critics, particularly the users of the system. Applicants, businesses, residents or the lawyers representing them were all critical of the decision-making generally and, in some cases, the denial of basic justice.

The Government say in their response that,

“we do not intend to take the approach recommended by the Committee at this time”.

They believe that it is enough to improve training and provide stronger guidance—which we did recommend —on how licensing committees should be conducted. While better training and guidance may help, they cannot mend the basic flaws of the system. If the Government do not intend to follow our recommendations “at this time”, I ask the Minister to tell us at what time she thinks this would be appropriate.

Our report recommends that appeals from planning committees on licensing matters are heard by planning inspectors, not magistrates, who until 2005 dealt with applications. The committee cannot understand how a magistrate, who is no longer considered by the Government to be the right person to consider a licensing application, should nevertheless be the right person to hear an appeal. Instead of appealing, parties are increasingly seeking judicial review, which of course is costly. I commend to the Minister the committee’s idea that appeals should go to the appropriate court, as for gambling; appeals against the Gambling Commission now go to the First-tier Tribunal and thence on a point of law to the Upper Tribunal.

We heard in evidence that there could be scope for mediation between the parties with a view to aligning the interests of the licensing applicants with the needs of local residents. We welcome the Government’s acceptance of increased mediation. We believe that a full “agent of change” principle should be adopted in both planning and licensing guidance to help protect both licensed premises and local residents from consequences arising from any newly built development in their vicinity.

On occasion disabled people have difficulty accessing licensed premises, sometimes because of lack of access to appropriate facilities owing to the age of the building, and occasionally younger customers are excluded for failing to produce proof of age. Last year the Government rejected a proposal by the Select Committee on the Equality Act 2010 and Disability that compliance with the Equality Act should be an additional licensing objective. We recommend that the law be amended to require, as in Scotland—I declare an interest as a non-practising Scottish advocate—that an application for a premises licence should be accompanied by a disabled access and facilities statement, putting more of an onus on the applicants to ensure that the premises are disabled-friendly or to explain why not. As the Government say they are sympathetic on the issue of accessibility and point out that the 2017 Conservative manifesto made a commitment to review disabled people’s access to licensed premises, why, when we offer them a cheap, easy and painless way to achieve that, would they not want to seize the opportunity?

On pricing and taxation, the committee urges the Government to look at ways in which taxation and pricing can be used to control excessive consumption, particularly with regard to the health aspects. We welcome the announcement in the Budget of an undertaking to consult on measures to raise the duty on white cider.

The Government are on the record that they will consider the introduction of minimum unit pricing for alcohol, and their response to our report repeats that minimum unit pricing remains under review. In 2012, the Scottish Parliament passed an Act to introduce a minimum unit price. Will the Minister agree that—assuming that MUP is brought into force in Scotland, that Scottish Ministers publish their statutory assessment of MUP and that the assessment demonstrates that the policy is successful—MUP should be introduced in England and Wales without further delay? It is a matter of ongoing debate whether taxation, minimum pricing or minimum unit pricing is the most effective as a tool to encourage responsible drinking.

The committee looked into the exception made for the sale of alcohol airside and portside, with the Licensing Act 2003 being expressly disapplied. Currently, premises airside can be open 24 hours day and can sell alcohol to young people and to drunks. We believe that the increasing incidence of air rage—a 34% increase in one year alone—is fuelled largely by the generally relaxed sale of alcohol at airports once a passenger has passed through customs. Incidents on flights are notorious and particularly alarming given the height, the confined space and the pressure, and such episodes can lead to the diversion of flights, at huge expense. In its evidence, Jet2.com told us that it had to deal with 536 such disruptive incidents in the summer of 2016 alone, more than half of which were reported to have been fuelled by alcohol. Its disruptive-passenger data for 2017 show an increase in incidents of 58% on 2016, and those incidents are year-round, not confined to the summer. We recommend that the 2003 Act should fully apply airside, as it does in other parts of airports, and as it should apply portside at ports and hoverports too. The Government continue to argue that there may be practical problems allowing inspectors to operate airside, although there seem to be no problems allowing access to those selling alcohol airside.

We welcome the Government’s commitment to the safety of passengers and the undertaking to hold a consultation to seek views on how to minimise the impact of disruptive passengers on the travelling public. Yet I would confidently predict the results of any such government consultation: the airlines will favour the application of the Act airside but the airport and retail industry will oppose it. At that stage the Government will have to make up their mind. We have shown a straightforward way to do so now by a simple order lifting the exemption. The Government should do so as a matter of urgency and certainly before flights in the summer of 2018. The Government accept that what they call disruptive events are on the rise, so why would they not want to act now? We further urge the Government to act expeditiously to ensure that Section 141 of the Licensing Act, which makes it an offence to sell or attempt to sell alcohol to a person who is drunk, is properly enforced, thus helping to prevent preloading and reduce the excessive drunkenness and anti-social behaviour often linked with it.

Undoubtedly, the night-time economy and the retail trade are potential growth areas and contribute greatly to urban and rural economies. It is a matter of note that the number of pubs and nightclubs have reduced while the off-trade has expanded. In 1994, 58% of alcohol was sold by the on-trade and 42% by the off-trade. By 2005, when the Act came into force, the position was reversed. Today, 70% of alcohol is sold through off-licences and supermarkets. With lower overheads and high volume of sales, supermarkets can sell high-strength alcohol at very low prices, often leading to the very worst anti-social behaviour and disorder.

Voluntary responsibility deals, local schemes and community partnerships are not enough on their own to tackle the problem. The committee is persuaded that the more sophisticated measures targeted at the off-trade selling alcohol should be followed in England and Wales. We considered the measures in the Alcohol etc. (Scotland) Act 2010. Measures such as banning BOGOFs—buy one, get one free—and restricting promotion and advertising seem to have worked. In any event, transparency and scrutiny of the guidance issued by the Home Office is essential.

I look forward to hearing what the Minister will say in answer to the points I have raised and to hearing all the other speakers who will contribute to the debate. I beg to move.

--- Later in debate ---

[Baroness McIntosh of Pickering]

My Lords, I take this opportunity to thank all who have contributed to the debate and my noble friend the Minister for responding. Clearly, this is a subject to which we will return, and the committee will once again wish to record its disappointment that many of our recommendations have not been snatched up, including the need for urgency on the MUP and the need to look at reducing the number of retail offers, which I believe the evidence will show compellingly have worked in Scotland. As emerged from contributions from the noble Baroness, Lady Eaton, the noble Lord, Lord Smith of Hindhead, and others this evening, the committee is not persuaded of the effectiveness of late-night levies or early-morning restriction orders. I am delighted that the Government will look more closely at BIDs as an alternative in this regard.

I hope that the noble Lord, Lord Blair, is proved wrong and that we will not see more serious incidences of air rage. I take note of what my noble friend said regarding existing rights for pilots to expel someone from an aircraft who is plain drunk. There is increasing evidence this year that passengers are drinking duty-free before they even board an aircraft. That is causing enormous concern and needs to be watched. Our primary concern is passengers, but I do not believe that crew, many of whom are quite young in some carriers, should be placed in a difficult situation in this regard.

I yield to no one in my admiration for the noble Lord, Lord Brooke, and his campaigning zeal on the health aspects, closely followed by the noble Baronesses, Lady Watkins and Lady Henig—there was a bit of competition on the committee in that regard. We just need to find another mechanism to use rather than the licensing aspect.

I echo the disappointment of the noble Lord, Lord Foster, at the resources being put out to enforcement. The noble Baroness, Lady Eaton, talked about funding for local authorities. Although the committee no longer meets, I am sure we will seek to use other mechanisms such as questions to keep the matter under review.

I wish all of you, including the staff of the House, a merry Christmas, mindful of those who will have to work, including in the health service and the Armed Forces, during the Christmas period and beyond.

Motion agreed.

Child Migrants: Italy

Baroness McIntosh of Pickering Excerpts

Wednesday 25th January 2017 Lords Chamber

[Baroness Williams of Trafford]

I think I touched on this in my response to the right reverend Prelate, but the noble Lord is absolutely right to raise this subject. He will know that the Government already have in place a comprehensive strategy for safeguarding children, including unaccompanied asylum-seeking and refugee children, who arrive here severely traumatised and in some cases require a package of care. The Immigration Minister’s joint Written Statement with the Minister of State for Vulnerable Children and Families on 1 November committed the Government to publishing a strategy for the safeguarding of unaccompanied asylum-seeking and refugee children in England, and the children who have been identified for transfer from Europe.

The good news is that we have already been working with local authorities, charities and other organisations to make sure that plans are in place to give these children the immediate support they need—which I think was what the noble Lord was alluding to.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend update the House on the agreement made with Turkey to take unaccompanied children and other refugees from Greece? Could this be extended to Italy?

[Baroness Williams of Trafford]

My noble friend has got me on an update on the position on Turkey. If she does not mind, I will write to her.

Gender Pay Gap

Baroness McIntosh of Pickering Excerpts

Tuesday 20th December 2016 Lords Chamber

[Baroness Williams of Trafford]

I explained to the noble Baroness, Lady Burt, about the regulations we laid at the beginning of December, which we will roll out to include the public sector as well. The previous Government went to huge lengths to get equal representation on boards. Of course, our aspiration is for women to get to the highest levels of industry. Our aim is for women to represent 33% of FTSE 100 boards by the end of 2020.

[Baroness McIntosh of Pickering (Con)]

My Lords, I commend the Government for their work in this regard. Does my noble friend the Minister accept that women’s representation on public quoted companies, while higher than in the past, is still less than in the political field? Can we learn from the examples of Sweden, Spain and other countries, where they have a higher executive as well as non-executive representation on public quoted companies?

[Baroness Williams of Trafford]

My noble friend is right to point that out. Five years ago we came to this issue almost from a standing start: the representation of both women and BME people on boards was pitiful. We have a long way to go on BME representation, but in those five years we got from a very low figure to more than 26% of women on boards. However, we have further to go.

France: Dublin Regulation

Baroness McIntosh of Pickering Excerpts

Monday 10th October 2016 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what representations they are making to the government of France on the application of the Dublin Regulation in that country.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the application of the EU’s Dublin regulation on French territory is a matter for the French Government and the European Commission. However, we continue to work closely with France to ensure the effective application of the regulation in cases which engage the UK’s obligations, including through regular, official-level contact and ministerial meetings.

[Baroness McIntosh of Pickering (Con)]

I thank my noble friend for that reply but does she not agree that, as a matter of European law, the Dublin convention, as amended by the regulations, should be applied as it was intended, which is that the asylum claim be made at the point of entry? If that had applied from the outset in France, the Calais camps would never have arisen. Will she use her good offices to ensure that when the Calais camps are disbanded, claims are made at the point of entry, in France and in every other country that applies the Dublin regulation as it stands?

[Baroness Williams of Trafford]

My noble friend makes the very good point that under the Dublin regulation, asylum claims should be made in the first country in which the claimant arrives. I will certainly follow that up on behalf of my noble friend.

Rail Franchises

Baroness McIntosh of Pickering Excerpts

Monday 11th July 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I do not agree with the noble Lord. He may well be aware that DfT has effective enforcement procedures; indeed, an enforcement advisory panel was set up specifically to review possible contraventions of franchise agreements. Perhaps we have hope, in the sense that the official who leads that panel is a gentleman called Andy Murray.

[Baroness McIntosh of Pickering (Con)]

My Lords, can my noble friend explain to the House what emphasis is placed on price in awarding the franchise, as opposed to the quality of the service and the ability to deliver on that service?

[Lord Ahmad of Wimbledon]

With any contract awarded there is a specific procedure, and the issue of price is looked at along with the other factors that my noble friend has raised. Any franchise that is awarded has that central point—the ability to deliver. I have made it clear that the Government feel very strongly that the current unsatisfactory levels of service on that line have to be improved. There are other investments and some improvements such as new rolling stock, but that is not good enough: we need to see more improvements.

Banks: Fraud

Baroness McIntosh of Pickering Excerpts

Thursday 5th May 2016 Lords Chamber

[Lord Keen of Elie]

I am obliged to the noble Lord. In 2015, 70% of fraud was stopped—70%. As regards the numbers, we have seen an increase in reported banking fraud, simply because this Government have instituted far better systems for identifying fraud and breaches of cybersecurity. With respect, it is not going up. The noble Lord observed that there was an increase in card fraud, but that is not the case. In fact, fraud in respect of credit cards reduced by 4% in the last reported years. Wider reporting of fraud is, as I say, a consequence of our having instituted far better systems for identifying breaches of cybersecurity. I simply remind the noble Lord that it is more than just the Joint Fraud Taskforce dealing with this. We have the national cybersecurity programme, a five-year strategy under which £90 million has already been expended on this; the National Cyber Security Centre; the Cyber Streetwise campaign for online security; Project Bloom for the task force on pension fraud; and the Insurance Fraud Taskforce. Indeed, the Chancellor has committed £1.9 billion to spend on cybersecurity.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble and learned friend advise the House of the number of prosecutions? I, too, have been a victim—successfully, unfortunately, when £300 was taken from my bank card within the space of 20 minutes. Will my noble and learned friend explain how many prosecutions are taking place? If the current law is rigorous enough, surely it is for the police to prosecute successfully the perpetrators of this crime.

[Lord Keen of Elie]

I do not have figures for prosecutions for fraud because it covers a wide spectrum. I will, however, undertake to write to the noble Baroness with such figures as we have, covering in particular banking fraud. Beyond that, I would say that this is the responsibility not just of the police but of Ofcom and indeed of the communications regulator, both of which have powers to impose severe penalties for misuse of cyber and telephone access.

Cyclists: Road Traffic Laws

Baroness McIntosh of Pickering Excerpts

Monday 18th April 2016 Lords Chamber

[Lord Berkeley (Lab)]

My Lords—

[Baroness McIntosh of Pickering (Con)]

My Lords, what is the penalty for a breach of the Highway Code by way of either pavement cycling or a cyclist going through a red light?

[Lord Keen of Elie]

There are a variety of offences that may arise in respect of cycling, under both the Highways Act 1835—cycling on the footway—and the Road Traffic Act 1988. A number of steps can be taken, beginning with a warning, followed by a fixed penalty notice of £50, followed by prosecution for a summary offence, which itself would impose a maximum fine of £500. However, under the Road Traffic Act, there are also further, more serious offences such as dangerous cycling, which can attract a fine of up to £2,500.

Migration

Baroness McIntosh of Pickering Excerpts

Monday 29th February 2016 Lords Chamber

[Lord Bates]

Of course, we must see what effect they will have, going forward. The important thing is that those changes have not yet come into force. Some changes have come into force: we changed the rules on jobseeker’s allowance so that people who come to this country cannot claim it for the first three months and then, if they have not found a job after three months on jobseeker’s allowance, they must leave. I believe that that is having an effect on the numbers. If that were extended further so that there was a restriction on in-work benefits for up to four years for those arriving in the UK, that would have an even greater effect.

[Baroness McIntosh of Pickering (Con)]

My Lords, I declare an interest in that I was a migrant worker on more than one occasion, although I did not consider myself as such at the time. Should not the House applaud the fact that numbers migrating into Britain from the EU are declining? Will my noble friend the Minister explain the position as regards Commonwealth citizens born before 1983? Do they still have the right to come in, abide in the UK and bring all their family members with them, or will we revisit that?

[Lord Bates]

We changed the rules on that in legislation. We said that we wanted to attract the brightest and best. We want people to apply on a points-based system so that those with qualifications and people who could add something to the British economy through expertise and skills are able to come here, but other people are not. There would be restrictions on their families as well.

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts

Monday 23rd March 2015 Commons Chamber

[James Brokenshire]

I have already indicated that we are examining the points made in the recent all-party parliamentary group report, but I have to say to the hon. Gentleman that there is a need for detention in managing immigration and ensuring that we can remove people safely and appropriately. It is also worth underlining that we cannot detain people indefinitely. This is about the perspective of ensuring that there is the ability to remove, and that is the way in which the Government operate the rules.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

T9. Does the Home Secretary agree that until such time as front-line resources and targets are set for rural crime, these crimes will not be taken seriously in rural constituencies? Will she give an edict from the Dispatch Box today that Travellers who are on rural land illegally will be removed forthwith?

[Mike Penning]

The police already have powers. As I indicated to my hon. Friend the Member for Harlow (Robert Halfon) earlier, the police often have the powers in respect of illegal Traveller sites. Crime in rural areas is a very serious issue and we should all take it seriously. While crime is down 16% in the part of the world of my hon. Friend the Member for Thirsk and Malton (Miss McIntosh), any crime is bad.

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts

Monday 9th February 2015 Commons Chamber

[Karen Bradley]

I pay tribute to my hon. Friend for his Bill, which the Government fully support. I know that, once it has completed its passage through the other place, it will make a significant difference to the tackling of identity crime.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

9. What recent representations she has received on the level of rural crime; and if she will make a statement.

[The Minister for Crime Prevention (Lynne Featherstone)]

I have received a number of representations about crime in rural areas from hon. Members, members of the public and interested organisations. We do not underestimate the impact that crime can have on those who live in rural areas. That is why we support the National Rural Crime Network, and awarded it £40,000 last year from the police innovation fund to assist its work.

[Miss McIntosh]

Does my right hon. Friend agree that fly grazing is a heinous rural crime and is on the increase, and that it is frequently associated with other crimes such as stolen vehicles or driving without insurance? Will the Government introduce exactly the same law as applies in southern Ireland, to prevent these fly grazers from remaining for more than two days on any private land?

[Lynne Featherstone]

I thank my hon. Friend, and I agree that it is a heinous crime—and it is animal cruelty, in fact. Police and crime commissioners are making crime in rural areas a priority, and over 60% of PCCs in England and Wales have joined the National Rural Crime Network. That includes an online resource that allows police and partners and others to share information, training and case studies. Although we have no plans to introduce the criminal offence that my hon. Friend suggests, together with this kind of communication, organisations such as Horsewatch and Farm Watch can bring such crime down.