Business and Planning Bill

Debate between Lord Sheikh and Lord Shipley

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

[Lord Shipley [V]]

My Lords, I will speak to Amendment 40 and support the case for it made so clearly by my noble friend Lord Paddick. I have had two concerns about off-sales during the passage of this Bill: first, off-sales being permitted after 11 pm and, secondly, the use in off-sales at any time of open glass or other containers that could easily be used to cause injury to another person.

The Government have agreed to restrict off-sales to before 11 pm and that is right, but the issue of the containers allowed for off-sales has not been agreed. My noble friend Lord Paddick has made a very persuasive case about the unintended consequences of the Government’s position. The Government so far seem to have failed to put forward a logical case that would prevent an unnecessary extension to street drinking. My noble friend Lord Paddick’s amendment has the advantage of allowing the use of appropriate containers for off-sales but reducing the risk of injury through the use of open glass or other potentially dangerous containers. I think all parts of the House could agree on that compromise. The Government have got themselves into a very difficult position and my noble friend Lord Paddick has proposed a way out of it.

[Lord Sheikh [V]]

My Lords, I was due to speak on Amendment 27, which restricted the times of alcohol sales off the premises, and after the timely intervention of my noble friend Lady Williams the matter was dropped. I therefore support Amendment 44 and agree with restricting off-sales to 11 pm.

Although we are allowing off-sales, they must be controlled to avoid crime, disorder and disruption. I realise that under Section 76 of the Anti-social Behaviour, Crime and Policing Act 2014, the police can issue an immediate closure notice to any premises if there are “reasonable grounds” to believe

“that the use of particular premises has resulted, or … is likely … to result”

in problems of crime, disorder or disruption.

Having said this, we must take into account areas with clusters of licensed premises in certain parts of London and elsewhere. Four local authorities have over 37% of all licensed premises in London, and there are similar situations in other cities and towns. The point to emphasise is that crime, disorder and nuisance cannot be associated with any particular premises, and therefore the powers to issue closure notices would be difficult to exercise in view of the cluster of licensed premises. I am therefore sure that the police and local authorities will welcome the restrictions set out in Amendment 44.

If we do not restrict the hours of alcohol sales, as proposed by Amendment 44, it will allow people who have already had a lot to drink to take alcohol away with them, drink in the streets and cause problems in the neighbourhood at night. It will also enable people to have late parties in their home or garden, causing nuisance and disturbances to their neighbours.

In regard to the amendment tabled by the noble Lord, Lord Paddick, although I supported his similar amendment in Committee, I am unable to support Amendment 40 because I do not see that it will do anything. I cannot see there being a problem.

Business and Planning Bill

Debate between Lord Sheikh and Lord Shipley

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

[Lord Shipley (LD) [V]]

My Lords, I remind the House that I am a vice-president of the Local Government Association. My name is attached to Amendment 25. The noble Lord, Lord Holmes of Richmond, reminded us of the importance and the meaning of the words “guidance”, “may” and “consider”, while my noble friend Lady Thomas of Winchester reminded us that guidance can be unenforceable and that we need something much more explicit when we reach Report. I agree with them both.

The issue is the safety of pedestrians in two respects: the physical safety of pedestrians to prevent them risking an accident to themselves and the safety of pedestrians against the potential transmission of coronavirus by enabling two pedestrians to pass each other at least one metre distant. So will the Government review the Bill before Report to ensure that the powers really exist for local authorities to maintain public safety on pavements?

[Lord Sheikh [V]]

My Lords, I support Amendment 25 relating to the two requirements that have been stated. I reiterate what I said when I spoke on Amendment 11: I support the Bill, which will trigger the revitalisation of our businesses and help the well-being of the people. However, it is necessary for us to implement the changes with caution. My concern is safety of passage and accessibility by blind and disabled persons. In addition, of course, all pedestrians must be able to pass without hindrance where there is a gathering of customers outside a restaurant or pub.

Blind persons have felt less independent since the lockdown rules were implemented and, if there is an increase in street furniture, blind and partially sighted people may be forced to walk in the road, change their route, avoid travelling independently or even stay at home. Street furniture will present additional challenges and should be marked off with an accessible barrier. The idea of marking off the areas will ensure accessibility. Furthermore, if the appropriate distances are maintained, it will help pedestrians to walk without difficulty and prevent the spread of the virus. Adequate spacing will also enable disabled persons to go through without much difficulty.

As a Muslim, my other concern is the passage of Muslim ladies who may be subjected to harassment, particularly if they are wearing a hijab, niqab or burka. Most hate-crime incidents happen in the street and if the accessibility and passage of these ladies are blocked or hindered in any way, my concern is that they may be picked on by customers, especially if they have had a lot to drink. I have been informed by Fiyaz Mughal and Iman Atta of Tell MAMA that, since the lockdown was eased, there has been a spike in the number of cases where Muslim women have been abused and spat at in the street. In fact, I have been told by Tell MAMA that there has been a threefold increase in hate crimes against Muslims, and some of the incidents are unfortunately nasty and aggressive. I hope that the Minister will agree to Amendment 25.