Business and Planning Bill Debate

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Department: Leader of the House

Business and Planning Bill

Baroness Kennedy of Cradley Excerpts
2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 6th July 2020

(3 years, 8 months ago)

Lords Chamber
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Baroness Kennedy of Cradley Portrait Baroness Kennedy of Cradley (Non-Afl) [V]
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My Lords, I support the overall aim of the Bill, which seeks to put in place measures to help businesses recover from the hit they have taken during the lockdown, to help protect jobs and return to healthy trading, and to make the most of the summer months. These are measures I support. Today I will restrict my comments to pavement licences and the off-premises sale of alcohol.

With over 47,000 pubs in the UK and a high concentration of them in our cities—there are, for example, in excess of 1,300 pubs in one London borough —many local authorities are expected to process a huge number of applications in a short space of time, publicise them, consult the public, consider their responses and provide ongoing monitoring and enforcement of the pavement licence. Can the Minister give confidence today to local authorities, which are already stretched thin financially, that they will be given the resources they need to deliver this new set of responsibilities?

Many local authorities are already facilitating the greater use of outside space by pubs and restaurants. For example, Brent Council has already agreed to extend the outdoor seating capacity at Wembley Park. The Liverpool Without Walls project, from the city council and the Liverpool business improvement district, is re-imagining the city with outdoor seating, road closures and pop-up parks. These examples are sensible plans to provide additional flexibility for businesses looking to welcome customers to eat and drink as safely as possible. The proposed pavement licences are therefore an economic opportunity for many and, in general, should be welcomed—but it should be acknowledged that they might also be a potential nuisance for local residents. The Government must get the balance right. The new streamlined and quick approach to securing a pavement licence is currently skewed towards businesses. The Government should give equal weight to the public’s view on any proposed licence.

Pubs are invariably in residential areas, which is why some licence conditions allow for on-street drinking but only up to a certain time of night. It is usually 9:30 pm, especially in midweek. We have already seen residents suffering in some areas. Drinking has been banned in London Fields after weeks of public urination and littering—across the green space and in people’s doorways. Seven days, which is in effect five working days, is too short a time for public consultation without additional proactive measures for community engagement. What more do the Government think that they can do to ensure that local residents are aware of new licence applications?

The more that can be done to get the licence conditions right in the first place, the better it will be for residents and council enforcement officers. That is why I am particularly concerned about the default position that a licence is deemed agreed after 10 working days, should there be no response from the local authority. Does the Minister think that this default position is as fair to local residents as it is to the applicant?

The Government must also be clear on how the new licensing requirements will be monitored and enforced. The local authority will undoubtedly have to provide extra street cleaning and deal with more noise complaints, so does the Minister believe that the £100 figure meets the extra cost burden placed on local government? How was that figure calculated? I understand the need to keep cost low for applicants—these measures are, after all, designed to stabilise their businesses—but should the Government not ensure that they cover the full cost to local government for the scheme? In addition, does he believe that litter clearing should be a condition of the licence, as it is with many fast-food restaurants?

Finally, I turn to the proposal for off-the-premises sales of alcohol. What is the reason for turning pubs into late-night off-licences, which will increase street drinking way into the night? Again, is this fair to local residents?

In conclusion, I support these measures, but I want to see the Government rebalance the economic consideration with the impact on local residents as regards pavement licences and off-premises sales of alcohol. I look forward to the Minister’s reply.