Business and Planning Bill

Debate between Baroness Noakes and Lord Harris of Haringey

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020 Lords Chamber

[Lord Harris of Haringey]

My lords, I have put my name to Amendments 15, 16 19, 22 and 23. The Bill allows applications for a pavement licence, and it says that they are deemed to have been approved if the local authority has not determined the matter within seven days. That approval then lasts until September 2021. This is not a temporary fix; it is quite a long-term fix. I think most local residents will find it pretty extraordinary that if, by default, something has not been considered or determined by the local authority, it will stand until September next year. These are the people who will be directly, and potentially, very adversely, affected by the outcome.

Clause 2(7) says that the clock starts from the day on which the application is “sent” to the local authority. I am not sure that many people will send such applications by post, but the difference between the date sent and the date received is potentially significant. Why does the Bill not specify that the time limit runs from the receipt of application?

Amendment 15 in the name of the noble Lord, Lord Holmes, limits such an automatic approval of a licence to September of this year. That would no doubt meet the requirements in the remarks that the noble Baroness, Lady Noakes, is about to make, and it would allow something to happen now. However, it would also mean that the matter could be reviewed in due time, and I would have thought this was a modest amendment that must make sense.

In my view, Amendment 16 goes to the heart of these issues. These determinations should—and, in my view, must—take account of the consultation with those who are going to be affected by them. Like me, the Minister has been a council leader. I doubt whether, in his time in this role, he would have been very happy not to consider or take account of the views of local residents affected by a proposal. I know that, sometimes, matters of high politics might mean that you wish to override them, but most of the time you will want to listen to local residents and to those who are going to be directly inconvenienced by the changes that you are agreeing. You will want to listen to those who are going to be adversely affected by noise or any rowdyism and anti-social behaviour, and to those who are going to be affected because people are—and I will use the phrase that I used in a previous group of amendments—urinating and defecating on their property. Let us not pretend it will not happen; that is what will happen, particularly in the absence of proper policing resources and local authority enforcement resources.

I ask the Minister again: what are the estimated extra costs that local authorities will face in their enforcement role to manage these changes and what will be the cost of extra policing? That is why my noble friend Lady Wilcox of Newport’s amendment is so important. Clause 5(6) gives the Secretary of State the power to publish conditions for pavement licences. Will local authorities and their associations be consulted about those conditions? Will they be given the enforcement resources they need? Again, what guarantees are there that the police will have the officers to ensure that suitable order is maintained as a result of the licences?

Finally, I have signed Amendments 22 and 23 in the name of the noble Lord, Lord Lucas, which acknowledge that, as a result of these licences, people will spill over into the highway or be forced to do so to get around those availing themselves of what is provided. Public safety may require that parking and speed limits be adjusted. That would require the highway authority, which may well not be the same as the local authority, to make adjustments. Similarly, transport operators—those running the bus services—may have to alter their schedules or make minor adjustments to routes to ensure that people are safe. The amendments would require that such discussions took place. Again, they seem modest, and I hope that the Minister can accept them.

[Baroness Noakes]

My Lords, I hesitate to be predictable; the noble Lord, Lord Harris of Haringey, has partly predicted what I will say. I am concerned that some of the amendments will make the process of applying for a licence more difficult and the process of getting one unattractive. In particular, if an automatic licence is granted for a very short time, it is of no real use to a hospitality business, which will probably have to invest in further tables and chairs and so on to operate outside, because not all can move outside the tables that they have inside. The amendments work against the spirit of the Bill, which is to try to get the economy going again.

We should not embellish the Bill with lots of extra things that have to be taken into account. There are already significant powers for local authorities to deal with these applications. Local authorities may have to get a bit more agile and deal with applications a bit more quickly than they have in the past. My impression of local government, never having been closely involved in it, is that it is not very agile. I will probably get into trouble with my husband when I get home because he chairs a planning committee, sits on a licensing committee and probably would not recognise my characterisation of lack of agility, but in these difficult times local authorities should be prepared to get a move on and do whatever they need to do to protect their local residents. They do not need any changes to this Bill to do so.

Business of the House

Debate between Baroness Noakes and Lord Harris of Haringey

Wednesday 4th September 2019 Lords Chamber

[Baroness Noakes]

My Lords, perhaps I can help the noble Lord, Lord Harris of Haringey. My noble friend Lord True’s amendment, which was moved by my noble friend Lord Marlesford, is trying to perfect the Motion in the name of the noble Baroness, Lady Smith of Basildon, by inserting the true motive behind it. It is not that my noble friend Lord Marlesford agrees with the sentiment that the referendum result should be ignored—far from it. I am sure the noble Lord is aware that my noble friend Lord Marlesford and many of us in the Chamber this evening fully wish to respect the result of that referendum. My noble friend is trying to make plain what this Motion is all about.

[Lord Harris of Haringey]

Of course I understand that it is intended to be some sort of ironic statement. But noble Lords who support this amendment must be clear that, if they vote for it, their names will go down in Hansard as believing that the referendum result no longer matters. That is what their vote will be cast as saying.

[Baroness Noakes]

I do not think that that would be the case. If anybody reads in Hansard what my noble friend Lord Marlesford has said this evening, they will know exactly what he thinks about the result of the referendum.

I would like to make an additional point in respect of the referendum result, in which 52% of the country voted to leave the European Union and 48% voted to remain. In your Lordships’ House, we have never come close to reflecting the political reality in the country—far from it. That is why, whenever a Motion relating to Brexit is moved, the result always opposes that of the referendum in one way or another. This House needs to think carefully about its legitimacy if it continues to act in a way that is out of line with popular feeling in the country. I believe that this applies also to the other place, where parliamentarians vote in a way that is wholly unlike the referendum result.

--- Later in debate ---

[Lord Harris of Haringey]

I am grateful to the noble Baroness. We had an exchange earlier about irony and the value of having ironic insertions into this Motion. I am assuming that, on the basis that this is another example of the ironic wit of the noble Lord, Lord True, which she is now channelling on his behalf, this will be an extremely brief introduction, because we have already done the irony bit, and we can then move on.

[Baroness Noakes]

I cannot promise the noble Lord something extremely brief, as I am sure he is aware. To be clear, this is about ensuring that the Motion is framed in wholly honest terms.

--- Later in debate ---

[Lord Harris of Haringey]

My Lords, I think we are drifting, I beg to move that the Question be now put.

[Baroness Noakes]

I have to advise the noble Lord that I have not yet moved the amendment. I am only speaking to it; the Question cannot be put.