Business and Planning Bill

Lord Addington Excerpts

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

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, it is a pleasure to follow my noble friend Lord Balfe on his interesting and in-depth trip down Mill Road. That brings back all kinds of memories from being a student at Cambridge. I will speak briefly, but I ask my noble friend the Minister to address all my points in detail when she sums up the debate because that may be the most expeditious way of resolving them. I shall speak to Amendments 36, 37, 40 and 43 in my name, and I thank other noble Lords who have put their names to them and have agreed to speak.

These amendments all have a clear purpose, one that I believe is in line with the purpose of the Bill, which is to get the economy moving again. We should have done this earlier and we could have done so, but we are doing it now and that is a good thing. I have a few issues with this part of the Bill, where I believe that we could improve the outcome for businesses, for individuals and for society.

The amendments address the position of small independent breweries which find themselves shut out of the provisions of the Bill—and thus the economic restart—as currently drafted. The amendments seek to enable small independent breweries to sell alcohol directly to the public for a temporary period in a safe and measured way that is in line with the other temporary measures being put in place for other sectors of the economy. In the circumstances, I believe that this would be both proportionate and low in risk. It could be done by using the normal licensing procedure in these circumstances and for this to be seen as a minor variation, as set out in Amendment 40.

Similarly, Amendment 43 seeks to allow the use of temporary event notices. Increasing the number of these notices would give the local authority even more control over the situation because it will issue them to businesses that have already been issued with them. There will be a track record and the authority will have a knowledge and understanding of how those businesses operate. That would not be a shot in the dark because HMRC knows these businesses. They will be on the system and they will have passed the fit and proper person test. The notices would be for a temporary period to enable small independent breweries to get back into business rather than potentially going to the wall or, indeed, needing to come cap in hand to the Government. This would resolve those issues.

There is also an important secondary benefit in having more venues open: patrons would be more able to observe social distancing because there will be more places to go to have a drink. Moreover, small independent breweries are not often located in residential areas or in zones such as those described by my noble friend Lord Balfe. It makes sense to spread people out so that they can go out for a drink safely and thus help start up the economy again.

As I have said, I hope that my noble friend the Minister can address all of the specifics raised in Amendments 36, 37, 40 and 43. I look forward to her response and to hearing the comments of other noble Lords.

[Lord Addington (LD)]

My Lords, I shall confine my comments predominantly to Amendment 38, which stands in my name. It is an attempt to bring sports clubs and other similar concerns with licences into line with the rest of the off-sales from the licensed premises sector.

We spoke about this at Second Reading and the Minister, the noble Earl, Lord Howe, said in his usual disarming way, “Oh, don’t worry. You can get a licence or special arrangements can be made.” We are talking here about a short-term move that may last for two or three months. If sports clubs need to get a licence every time they require one, a fast-track system for doing so is needed or they will miss out on many opportunities. Those opportunities are important because sports and other clubs need their bar revenues to continue to function; it is that simple. The model for a sport such as cricket is that the bar is part of how the club ensures that it can maintain the ground, maintain kit and run the juniors programmes. That is why we want this provision in the Bill—we want these clubs to operate on similar terms to those of other businesses.

If there is a way around this that we have not come across before, that is great. It is not about doctrinaire issues but is purely practical. If there is another way of dealing with this, let us hear about it—but if we do not get this and have to have a process of licensing down there, people will miss out. I appreciate that the Government have to act fast with the difference in the two licensing applications, but can we have a practical solution to this? That is all I am really asking for.

We have other stages to go through on this Bill. If we can find one that works, I will be happy and the people who have been nudging me forward will be happy—at least, I hope so—but we need to make sure it is dealt with. The bars of clubs are important to their function, and their function is generally regarded as a public good. Surely putting them on the same terms for one or two days a week as a pub or anywhere else selling alcohol will not damage society greatly, and indeed may improve it.