Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021

Baroness McIntosh of Pickering Excerpts

Thursday 8th July 2021 Grand Committee

[Baroness McIntosh of Pickering (Con)]

I welcome the regulations and this opportunity to debate them. I declare my interests as set out in the register, as chair of the Proof of Age Standards Scheme board, and having chaired the House’s ad hoc committee reviewing the Licensing Act 2003. I echo some of the concerns expressed by the noble Earl, Lord Clancarty, and am very grateful to the Guide Dogs for the Blind Association briefing that he shared with me today. I absolutely share the concern expressed by my noble friend the Minister about the hit that the hospitality industry has taken, which is very well set out in paragraph 7.7 of the Explanatory Memorandum, with £8.2 billion of trade having been wiped out, the decrease in turnover which he referred to, and the reported 2,000 pubs estimated to have closed down forever.

However, I hope that my noble friend the Minister will give me—and, more importantly, the vulnerable users of pavements—an assurance this afternoon as we extend the licensing provisions in the regulations before us today. Specifically, if we are allowing only 10 days before a licence application, which I accept is a new application this time, will be agreed, what consultation will there be for particularly vulnerable pavement users in this regard? Will he put my mind at rest that it is not an issue of licence by default? There is a concern, which I hope he will address this afternoon, that there is no time for consultation in a 10-day period. Will he confirm that the original timeframe of 28 days will be reverted to when the regulations cease to have effect?

Can the Minister give me an assurance that local authorities will have regard to the Equality Act provisions and similar provisions in the issuing of licences under the regulations? I am concerned that there is no right of appeal, and I would like to understand whether, in the rush to grant the licence—and I do not know whether he has any evidence of this under the present licence system—if it was felt that street furniture was put in an inappropriate or hazardous place, that could be reviewed and the local authorities have the power to go and inspect that. I am asking for balance in the way in which the licences are issued between the rights of the pub or business to ply its trade, which we are all in support of, and the rights of more vulnerable users—visually impaired and others—to go about enjoying the pavements in the normal way.