Business and Planning Bill

Baroness Wilcox of Newport Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 6th July 2020 Lords Chamber

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, I draw the House’s attention to my declared interests as a councillor, as noted in the register.

We are broadly supportive of the Bill, which will enable businesses, particularly in the hospitality sector, to reopen quickly after coronavirus restrictions. We have consistently been calling on the Government to work with local authorities and take innovative action to help businesses both expand and adapt operations to boost trade. However, the provisions to relax licensing requirements so that cafes, bars and restaurants can serve customers outside must also be accompanied by clarity on the role local authorities have to play in making decisions at a local level.

There must also be further assurances over how relaxed licensing requirements will be policed, particularly where restaurants, bars and cafes are in residential areas or where these premises open out on to the street. Councils have already been working hard on measures that can be put in place to help hospitality businesses to reopen, including relaxing requirements, and considering how town centres can be used differently to enable businesses to operate safely outside. The Bill will help to ensure a consistent approach that can be taken across the country.

However, councils need to have the power both to refuse applications where these cannot be managed safely, and to act if any issues arise following the reopening of premises. The full responsibility and cost for making this policy work successfully does not sit with local authorities alone. With the initial burden falling on them, it is crucial that councils are supported financially to meet the costs of processing an expected large number of applications in a short period of time.

The provisions in the Bill will result in an extra workload for local authorities, whose budgets have already been stretched dangerously thin by 10 years of deep cuts, and now Covid-19 has dealt them a further blow. The Government should also publish a report detailing the extra costs accrued by councils as a result of processing increased volumes of planning applications through the new deemed consent route and additional environmental approvals. Consultation with local councils is therefore essential before making further changes.

It is right that the proposed licensing measures in the Bill are only temporary. In the long term there needs to be a comprehensive review of our outdated licensing legislation to ensure that it is fit for the future.

There is also great concern for the safety and well-being of people who work in this industry, and the Bill should require pubs to take certain steps to ensure the safety of workers. We should look at placing conditions on premises which want to apply for licences. They must first publish a risk assessment, including details of the risk from hours of operations, the use of cash transactions, provision of door security—including safe toilets—protection of BAME workers, who have statistically been shown to be at greater risk, and detail the provisions for sick pay and how they intend to implement trade union recognition for staff.

There are also concerns from the industry itself that the Bill introduces only minor changes and that the Government are ignoring the most important issues that they currently face, such as the difficulties that pubs have with rent after months of not trading, and the importance of encouraging consumer confidence to return to use the facilities of the hospitality industry. In essence, a reasonable first attempt, but could and must do better.

Business and Planning Bill

Baroness Wilcox of Newport Excerpts

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

[Baroness Pinnock [V]]

It is very interesting to follow the noble Lord, Lord Adonis, and his very detailed questions about the distances currently set out in guidance for the highways authorities. I, and I am sure others, look forward to hearing from the noble Lord, Lord Greenhalgh—perhaps in a letter to us all—how these different distances will be handled with pavement licensing.

This group contains a very important set of amendments, to which I hope the noble Lord, Lord Greenhalgh, will be able to give a positive response. The daily difficulties described by my noble friend Lady Thomas of Winchester and the noble Baroness, Lady Grey-Thompson, and others amply illustrate why these amendments ought to be adopted by the Government.

In my own council of Kirklees, pavement licences already include a requirement for barriers. These not only clearly delineate the area in use and prevent a gradual expansion of the site but give a physical barrier for those with sight impairments. They also ensure adequate room for pedestrians, especially those needing space, such as parents with buggies, wheelchair users and people who need walking aids. As the noble Lord, Lord Holmes, said, it is simply not good enough to use words such as “may” and “consider”, as the noble Earl, Lord Howe, did in response at Second Reading. These are vital changes and the words used have to be “must” and “will”. We on these Benches wholeheartedly support the amendment to ensure that barriers are in place around pavement licence areas and that sufficient room is provided for pedestrians, while keeping to social distancing guidelines. There should be no ifs and no buts.

Amendment 25, which stands in my name and those of my noble friends Lord Shipley and Lady Thomas of Winchester and the noble Baroness, Lady Grey-Thompson, is explicit in its requirement for barriers to show the extent of the area and to enable pedestrians to continue to use pavements for their purpose. There is a danger that pavement licences will result in pedestrians being forced into the road. For clarity, I have been asked by my noble friend Lady Thomas of Winchester to point out that electric scooters, as raised by the noble Lord, Lord Harris, are intended to be used only on roads, not pavements, while electric mobility scooters are intended for use on pavements, not roads. The changes set out in Amendment 25 would resolve these issues. They are so important to many of us that, if there is no movement by the Government to address them, we will bring the matter back on Report and will be prepared to divide the House.

We must be careful that consultations to ensure changes that benefit one group do not inadvertently impair the needs of others; hence Amendment 6 in my name would make sure that applications were well publicised. Furthermore, as this legislation could make life even more difficult for disabled people, it is vital that applications are published in an accessible format. People have a right to know and to comment. The amendment in the name of the noble Lord, Lord Holmes, which proposes enabling the revocation of a licence, is important and makes good sense as a means of dealing with the few who fail to act responsibly. I also support the comments of the noble Lord, Lord Balfe, who suggested that government should let go of the control strings and allow councils to take, and be accountable for, local decisions.

Many of us across the Committee are very concerned about these issues and hope that the Minister will be able to indicate a substantial change by the Government in the direction that we propose in Amendments 6 and 25.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, I draw attention to my interests as noted in the register. Despite my deep and continuing roots in local government, I am afraid I am not able to say that I am a vice-president of the LGA. Who knows? Maybe one day.

We welcome the clauses in the Bill to allow pubs and restaurants to obtain pavement licences more easily. We have heard a wide range of views from noble Lords in this debate. The hospitality industry continues to suffer from restrictions in its capacity, and I am sure the whole Committee is keen to support steps to allow pubs and restaurants to serve a greater range of customers. However, it is imperative that with the increase of pavement licences, precautions are taken to minimise any adverse consequences. Safety and accessibility are paramount, and I am pleased that the noble Lord, Lord Holmes, has tabled a series of amendments with this in mind. His point regarding inclusive design was extremely well made, as was his question regarding updated guidance in our post-Covid environment.

The noble Lord is not alone in raising these issues, and I note that the RNIB and Guide Dogs for the Blind have raised similar concerns. His expertise in this area is clearly invaluable, as is that of the noble Baroness, Lady Grey-Thompson, who made the point that guidance is often ignored and legislators must think more positively to allow disabled people to move around safety. I take particular interest in Amendment 5, which stresses the importance of compliance with the Equality Act, and I would appreciate clarification from the Minister of how statute already provides for this.

The noble Lord, Lord Lucas, raised the interesting proposal of allowing outdoor seating outside unused premises. I look forward to hearing the Minister’s thoughts on this, but I hope that in doing so he considers the implications of this for the concerns raised elsewhere over safety.

I also take interest in Amendment 12, which raises the point that any changes must allow for social distancing. I am sure the Minister will agree that these issues must be considered together by businesses, local authorities and the Government to ensure that they are resolved. With each of these concerns, it is clear that legislation will not provide all the answers. It is incumbent upon local authorities, as was so clearly put by my noble friend Lord Harris, who has a laser-like focus on what town halls can and cannot do. He made an important point about a seven-day consultation period and the problems that residents have to deal with as a result of not knowing what has changed in their community.

As further premises gain pavement licences, it is crucial that the Government engage with local authorities to consider whether they can offer any support and do not merely issue a diktat from above. A main learning outcome from this dreadful pandemic is the clear dependence that central government has upon local government in carrying out the laws and regulations made by the Governments of the four nations. Without the practical support of local government, much of what happens here simply would not happen. Local authorities will no doubt work, as ever, in partnership with local businesses, disability groups and, as we have in Wales, public service boards, working jointly to improve our areas. As noted in the amendment tabled by the noble Lord, Lord Blencathra, and the detailed elucidation by my noble friend Lord Adonis, Parliament must remain alert to any further issues which may arise, such as the inclusion of 1,500 millimetres apart guidance, thus changing an unworkable solution into a workable solution.

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

My Lords, I thank my noble friends Lady McIntosh of Pickering and Lady Neville-Rolfe for the important measures proposed to support the hospitality sector. It employs some 2 million people. However, this group of amendments relates to the need to maintain access on the highway for all users, especially those with a disability. The Government strongly agree that this is an issue of great importance. As the noble Lord, Lord McConnell of Glenscorrodale, put it, no one should be left behind and we need to proceed with appropriate caution.

My noble friend Lord Blencathra has done extensive research into the guidance on the different standards, which was noted by the noble Lord, Lord Carlile of Berriew, and the noble Lord, Lord Adonis, mentioned the Inclusive Mobility guidance of 2005 and the different standards included in that guidance. It is very important to retain local flexibilities so that local authorities can assess the distance needed for the location of the premises and the type of street involved. There needs to be that flexibility rather than having uniform guidance.

Amendment 21, tabled by my noble friend Lord Blencathra, would require pavement licence guidance requiring minimum distances as part of a national condition to be subject to the affirmative resolution procedure. My noble friend also raised concerns about inclusive mobility. I am happy to tell the Committee that we have accepted the recommendation of the Delegated Powers and Regulatory Reform Committee that national conditions should be contained in regulations subject to the negative resolution procedure. I hope that my noble friend is comforted that this will help address parliamentary scrutiny. Clause 5(6) gives the Secretary of State power to publish conditions for pavement licences. This is to be replaced with a power for the Secretary of State to make provision about national conditions by regulations subject to the negative resolution procedure. We will also accept the Delegated Powers and Regulatory Reform Committee’s recommendation in relation to the powers to extend measures in the Bill to ensure that the effects of coronavirus form part of that consideration.

We have listened to the concerns raised at Second Reading and today in Committee and have noted the strength of feeling in this Chamber that more must be done to address accessibility issues. We intend to table an amendment on Report to address those concerns. We believe that putting this into the legislation will provide an important safeguard to ensure that authorities act in accordance with their legal obligations to protect the interests of disabled people.

Amendments 2, 12 and 25 were tabled by the noble Lord, Lord Holmes, and the noble Baroness, Lady Pinnock, and were spoken to by the noble Baroness, Lady Grey-Thompson, and my noble friend Lord Naseby. Amendment 2 would require the inclusion of a barrier to separate furniture from the pavement to allow the safe passage of pedestrians. Introducing barriers to separate furniture may improve navigation for the visually impaired, but it can also cause further obstructions on the pavement which would inhibit others, including the mobility impaired. The Government are clear that access must be maintained for all users of the highway, including the visually impaired and the mobility impaired. All pavement licences will have an express or, in default, deemed no obstruction condition, along with a condition explicitly requiring clear routes of access, taking into account the needs of disabled persons.

Amendment 12 requires that where possible the minimum pavement width required must be increased to allow two pedestrians to pass each other while socially distancing. We fully support the intention, which is why the pavement licence guidance refers to the government guidance on Covid-19 safe public places. The measures for social distancing set out in the guidance will have to change over time depending on the circumstances. It is important that the legislation does not restrict businesses’ ability to align with it and therefore it is more appropriate to address this through guidance.

For reasons that I have set out, I am not able to accept Amendments 2, 12 and 25. I hope that my noble friend Lord Holmes will withdraw Amendment 2 and that he and the noble Baroness, Lady Pinnock, will chose not to move their amendments when they are called.

Amendment 20, tabled by the noble Lord, Lord Cormack, seeks to establish a specific requirement that the Secretary of State should have to take into account the needs of the disabled, including the blind and the partially sighted, when setting any national conditions. Related to this, my noble friend Lord Holmes, supported by the noble Baroness, Lady Grey-Thompson, has tabled Amendment 5. The intention of this amendment is to require that when applying for a pavement licence, applicants must ensure that the application is compliant with the provisions of the Equality Act 2010 and any relevant regulations or guidance under that Act.

My noble friend Lord Holmes also tabled Amendment 17, supported by the noble Lord, Lord Harris of Haringey, to place duties on the authority to investigate concerns over accessibility where a licence is granted, revoking the licence if necessary. I assure noble Lords that businesses that provide services to the public must comply with their duties under the Equality Act 2010, as must local authorities because they are public authorities. As these parties are already under specific legal duties, it is not necessary to include a specific reference to the Equality Act in the Bill or specifically reference taking into account the needs of disabled people in the setting of any national condition. A local authority will need to have regard to these duties if concerns are raised over the accessibility of a pavement. The legislation already includes powers for local authorities to revoke if a licence holder has breached any conditions of the licence. This includes no-obstruction and clear-access conditions. For the reasons I have set out, I am not able to accept these amendments, and I hope that noble Lords will therefore choose not to move them when they are called.

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[Baroness Pinnock [V]]

My Lords, administrative procedures do not necessarily excite interest but they are nevertheless important. If we get the processes right to meet the needs of all involved, there are likely to be fewer adverse consequences, to the benefit of both the applicant and those impacted. These amendments make the consultation process fairer by ensuring that the application provides sufficient time for comments to be made, and then requiring a response to the points made during a consultation. I am pleased to have signed the amendment in the name of the noble Lord, Lord Low, about pavement licences which are deemed to have consent due to the local licensing authority not having responded in the narrow window of time set out in the Bill. This does need to be just a three-month approval; if they are so deemed simply because the local authority is overwhelmed with applications, the local authority will be unable to give each one the consideration it deserves. A three-month deemed approval will be an incentive for applicants to give the local authority time, so that the applicant does not have to reapply within a short period. To give a week initially but gain nine months later would be a good deal for both parties.

There are costs for local authorities involved in these measures, and these need to be fully recompensed by the Government. Local authorities have demonstrated during this pandemic that they are able to make speedy and agile decisions. They also have a duty to consider all their residents, whose issues these measures address.

The safety issues raised by the noble Lord, Lord Lucas, need some consideration, although it is not clear—to me, at least—how the changes he proposes are compatible with the purpose of the Bill to get flexibility for business within weeks, rather than the years it sometimes takes to change things such as speed limits. I hope that the noble Lord, Lord Greenhalgh, will provide a constructive way to address these issues on Report.

[Baroness Wilcox of Newport [V]]

My Lords, I rise to speak to Amendment 19 in my name, and I will also refer to other amendments in this group. We can all recognise that the granting of pavement licences can have consequences for local communities, and through the application process we can best mitigate any unintended repercussions. A consultation in itself will not suffice—it must be open, accessible, and not merely a tick-box exercise.

The amendments in the names of the noble Lord, Lord Low, and the noble Lord, Lord Holmes, highlight the question of the time limit for pavement licences. The department has been keen to stress during the passage of this Bill that most measures are temporary; but can the same be said for the licences themselves? The intention behind Amendment 19 is to highlight the importance of the UK Government and local authorities working in tandem throughout the process. The Secretary of State must engage with councils while establishing the conditions for pavement licences and be receptive to any feedback received. As my noble friend Lord Harris remarked, local authorities must take account of the residents affected by any changes. Indeed, as a former council leader myself, I agree that if we fail to listen to and act upon the views of our residents, political demise will soon follow.

The enforcement role of local authorities is a similarly important point. Many teams in licensing and trading standards have been decimated by a decade of cuts to public services, and there may be simply not enough boots on the ground to facilitate this effectively. On the same theme, I also ask the Minister to consider how the Government intend to work with the devolved Administrations on these initiatives. While many of the provisions in this Bill do not relate to the whole of the UK, we can all accept that the borders between our nations are permeated by people visiting licensed premises, be it Chepstow in the south or Chirk in the north. Indeed, before the pandemic, more people moved daily between Cardiff, Newport and Bristol for work and leisure than between Liverpool and Manchester. Hence, the idea of the Western Gateway was initiated, and cross-border working for economic gains was developed by Welsh and English local government.

I also refer to the comments made by noble Lords about the time taken by some areas of local government to respond to matters. After dealing with a cut of almost 30% of my total budget, yet maintaining the level of services delivered by my council, I think it nothing short of miraculous that councils are still delivering to such high standards across the UK.

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[Baroness Pinnock [V]]

My Lords, we have heard powerful and eloquent contributions, led by my noble friend Lady Northover, on the imperative to ensure that by extending ways in which pubs and cafés can serve customers, we do not also inadvertently extend opportunities for smoking. All the arguments have been made. I wholeheartedly support this amendment. It has cross-party support. I look forward to the Minister indicating that the Government accept that this amendment is essential for public health.

[Baroness Wilcox of Newport [V]]

My Lords, the sole amendment in this group seeks to prevent customers from smoking in areas covered by the new pavement licences. The noble Baroness, Lady Northover, is right to alert the House to the dangers of second-hand smoke. This is a pertinent issue, considering that respiratory health is at the forefront of everyone’s mind.

The House will be aware that for some time there has been a wider campaign for smoking in beer gardens to be banned, and that any proposals for further restrictions should be considered only in consultation with the hospitality industry, especially at a time when businesses are struggling to survive. On a similar note, I would welcome the Minister clarifying the guidance to pubs on the exact regulations relating to smoking in outdoor areas. The Minister may be aware that a bar in Belfast was fined earlier this year because its beer garden, which allowed smokers, was too enclosed.

Also on the dangers of smoking, can the Minister explain why the Government are still planning to cut smoking cessation services across England by £4.9 million in 2019-20? The noble Lord, Lord Young, reminded the House of the Health Act 2006, which helped employees in the hospitality industry deal with the perils of passive smoking, since they are entitled to work in a smoke-free atmosphere. My noble friend Lord Faulkner alerted the House to the Government’s intention to make pubs and clubs smoke-free by 2030—the most significant contribution to public health since the Clean Air Act of the 1950s.

I pay tribute to local government colleagues in Manchester who, through consultation, have found that an overwhelming majority of Mancunians support the creation of permanent smoke-free zones in the city and wider region, to “make smoking history”. Perhaps the Minister should look instead to Wales, where the Labour-led Welsh Government have made enormous achievements in de-normalising smoking and protecting non-smokers from exposure to second-hand smoke. Last summer, Wales was the first country in the UK to ban smoking in outdoor school spaces, playgrounds and hospital grounds, and—as noted by the noble Lord, Lord German, who was an Assembly Minister at that time—we were ahead of the curve when we banned smoking in indoor public places in Wales in April 2007, ahead of England.

[Lord Greenhalgh]

My Lords, the amendment tabled by the noble Baroness, Lady Northover, and supported by the noble Baroness, Lady Finlay of Llandaff, my noble friend Lord Young of Cookham and the noble Lord, Lord Faulkner of Worcester, seeks to ensure that pavement licences may only be granted by local authorities subject to the condition that smoking is prohibited. The Government recognise the vital importance of health and safety concerns but we do not believe that imposing a condition to prohibit outdoor smoking would be proportionate. I shall explain why.

We are helping our pubs, cafes and restaurants to safely reopen, and we are securing jobs by making it quicker, easier and cheaper to operate outside. The Government’s priority is protecting public health against the transmission of the coronavirus while ensuring that venues can remain open and economically sustainable. The Government have no plan to ban outdoor smoking. Excessive regulation would lead to pub closures and job losses. Smokers should exercise social responsibility and be considerate, and premises are able to set their own rules to reflect customer wishes.

The Bill allows local authorities to set their own conditions on licences and makes it clear that those authorities will want to consider public health and public safety in doing so. Therefore, local authorities can exercise their condition-making powers to impose no-smoking conditions. Where there is a breach of the condition, the local authority can serve a notice to remedy the breach and even remove the licence, so local authorities have the power to revoke licences where they give rise to genuine health and safety concerns.

Businesses can make their own non-smoking policies for outside space, which can include restrictions on smoking near food. There is a need for social responsibility, as I have already said, and smokers should be considerate to others. The amendment would have unintended consequences, pushing drinkers on to pavements and roads away from licensed trading areas. It would also cause confusion with existing outdoor areas that would still permit smoking.

I have to say that it is great to see the reformation of the dream team of my noble friend Lord Lansley and the noble Baroness, Lady Northover, given what they have achieved in public health terms—the display ban, the ban on vending machines—and to hear of the work between my noble friends Lord Lansley and Lord Young in cooking up a free vote on banning smoking in public places. However, I reiterate that this is a temporary emergency form of legislation and it should not be a backdoor route to try to ban smoking in public places, as pointed out by my noble friends Lady Neville-Rolfe, Lady Noakes and Lord Naseby.

As the son of a surgeon, I appreciate the contribution of my noble friend Lord Ribeiro and the points made by the noble Lords, Lord German and Lord Carlile of Berriew, and my noble friends Lord Shrewsbury and Lord Sheikh. The case is now incontrovertible that there are dangers from second-hand and passive smoking. I can say that as the son of a vascular surgeon who has published extensively on the impact of smoking on arterial disease. The Government are committed, as has already been stated, to achieving a smoke-free England by 2030. We are already taking steps to get there, as was referenced by the noble Lord, Lord Rennard. England’s smoking levels continue to fall and are currently at 13.9%, the lowest rate on record. We will publish the prevention Green Paper consultation response in due course and set out our plans at a later date to achieve a smoke-free England. So we support the implementation and evaluation of smoke-free policies in line with the evidence as it emerges.

The noble Baroness, Lady Wilcox, made the important point that any changes of this nature should be made in consultation with the hospitality industry, so amending this Bill is not the way to implement such changes. I note her points about specific places and I will write to her on those matters. For the reasons that I have set out I am not able to accept the amendment, and I hope the noble Baroness will therefore withdraw it.

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[Baroness Pinnock [V]]

My noble friend Lady Bowles has raised detailed issues about the use of alternatives to pavement licences that may be of more value to pubs and cafés and less disruptive to residents. This is eminently sensible and promotes business. I am confident that the Minister will be constructive about the way forward in response to this thoroughly sensible amendment.

[Baroness Wilcox of Newport [V]]

My Lords, the amendment in the name of the noble Baroness, Lady Bowles, highlights the need for outdoor space licences to be easily granted for areas such as courtyards and car parks. The noble Baroness is right that many premises will not benefit from pavement licences but have space elsewhere for which they may wish to explore the addition of seating. She asked an important question: where is the general new provision? Is the licence needed at all?

The knock-on impact for residents may be lessened should these options be considered rather than pavements. I assume they will also lessen the consequences for those with disabilities who may struggle on pavements blocked by seating. I hope the Minister will consider whether it is possible and desirable to allow more outdoor spaces to be utilised. The noble Baroness, Lady Thornhill, noted what my noble friend Lady Kennedy of Cradley said at Second Reading about the licensing laws needing real revision.

[Lord Greenhalgh]

My Lords, the new clause proposed by the noble Baroness, Lady Bowles of Berkhamsted, would introduce a fast-track procedure to provide outdoor space licences for areas within the curtilage of premises not already covered by the existing licence—for example, car parks or courtyards. Given that indoor space will be limited while social distancing measures apply, we want to provide a temporary process that helps us support as many businesses to reopen as possible by allowing them to use outdoor space to serve customers, which I believe is the intention of the noble Baroness’s amendment.

Business and Planning Bill

Baroness Wilcox of Newport Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Baroness Pinnock (LD) [V]]

My Lords, it is a pity that the debate on these important amendments has not been taken as a whole. I am responding to the introduction to the debate on this group, which began late last night.

Throughout the debate on the Bill, we have heard how important it is that businesses are given a temporary helping hand to make them viable in the longer term. My noble friend Lady Doocey has provided three detailed changes to legislation that will make a substantial difference to tourism businesses, as well as to those regions of our country whose local economies depend absolutely on holidaymakers. I hope, and anticipate, that the Government will be able to respond constructively and positively to these immensely helpful amendments.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, the amendments in the name of the noble Baroness, Lady Doocey, raise the matter of caravan sites, campsites and holiday accommodation operating during the winter months, as well as the related issue of combined holiday offers. The tourism industry has been hit more than most during recent months and the Government must explore all options to support it during these turbulent times.

I am pleased to inform the Committee that my noble friend Lady Morgan of Ely has this responsibility as part of her ministerial portfolio in the Welsh Government. She is doing all she can to help support the reopening of the tourism industry, which is of course a vital component of the Welsh economy. The impact on the wider industry has enormous ramifications for local economies and wider supply chains. I look forward to hearing from the Minister how the Government will support all involved.

The noble Baroness’s exact proposal for winter openings has merits, but we should also consider the unintended consequences. Perhaps the best means to do so, as with so much of this legislation, is through consultation with local authorities.

While on holiday parks and accommodation, it is important that we briefly recognise the consumer rights issues that have unfortunately arisen during this crisis. For example, the Minister may be aware that there have been disputes with Parkdean Resorts, which initially insisted on pitch fees during the months in which holidaymakers were unable to visit. On that issue, I would welcome an update from the Minister on whether the Government have taken any steps to support dispute resolution efforts between operators and accommodation owners.

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

I am grateful to the noble Baroness, Lady Doocey, for raising this important issue. Campsites, caravan parks and holiday cottages are places we all value. They are a mainstay of their local economies in many parts of the country, providing employment and supporting local services and businesses. I share her concern about the considerable impact that the coronavirus has had on the sector. In particular, we recognise that many campsite, caravan and holiday park owners now want to extend their season opening times, but planning conditions can limit this. I recognise the important role these businesses play in their local communities and economies.

On Amendments 74 and 75 proposed by the noble Baroness, Lady Doocey, and the noble Lord, Lord Redesdale, I am pleased to announce that my department will lay a Written Ministerial Statement that will encourage local planning authorities to take a sympathetic approach to applications to change the opening times on a temporary basis, allowing campsites and caravan and other holiday parks to open beyond the summer season. The Statement encourages them to use their discretion not to take enforcement action where this could lead to a breach of a planning condition.

I am less convinced that there should be any changes to provide flexibility for the owners of holiday cottages who want to let them out for wider uses on a temporary basis. As tourist accommodation could be lost, it may deprive areas reliant on tourism of visitors over the winter as we recover from the coronavirus. Individual owners can still apply for a variation of condition in the normal way if they wish. I hope that my response provides sufficient encouragement for the noble Baroness and that she will not move her amendments when they are reached.

Amendment 50, also tabled by the noble Baroness, Lady Doocey, seeks to amend the package travel regulations with the admirable aim of boosting local tourism. The package travel rules are designed to be light touch where possible and provide protection and clarity for consumers. In her speech at Second Reading, she used the example of a bed and breakfast adding an evening meal at a local pub or restaurant to its customer offer. It is unlikely that this would invoke the package travel rules. For such an addition to come within the parameters of the package travel rules, the extra meal would need to be an essential feature of the trip, accounting for a significant proportion of the value of the package. That is normally taken as a cost in the order of 25% of the total package.

None the less, I am grateful to the noble Baroness for raising the issue. The Government indicated last year that they would undertake a review of the package travel rules in future, but believe this is better conducted when the UK has left the EU and has the full freedoms to act independently. For the reasons I have set out, I am not able to accept this amendment; I hope that she will therefore withdraw it.

I will write separately to the noble Baroness, Lady Wilcox, on the points she raised about disputes and the steps taken by government.

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[Baroness Pinnock [V]]

I remind noble Lords of my interests as set out in the register as a councillor and a vice-president of the Local Government Association. We on these Benches understand and support the Government’s purpose in bringing forward the changes to hours of construction in the Bill. It will enable a phased start at the beginning and end of the day for construction workers to ensure social distancing and provide an opportunity for developments to catch up on the last three months. But rather than be prescriptive about hours of working—although I have sympathy with the amendment in the name of the noble Lord, Lord Blencathra—Amendment 55 in my name and that of my noble friend Lord Campbell of Pittenweem would ensure that the extension of hours took into account the impact that these had on residents, the wider community and the environment.

Planning conditions set out as part of planning consent invariably include limits on hours of working. As a rule, these are 7 am to 6 or 7 pm. They are there to minimise any impact on neighbours. Extension of these hours must therefore include mitigations for those affected. That could be, for example, to restrict hours when deliveries can be made, as construction traffic is often one of the main local concerns. Extension into the evening or a much earlier start will mean lighting up the site, with the inevitable impact that brings with it. Amendment 55 would balance out these issues, and that is the purpose of the further Amendment 57, again in my name and that of my noble friend Lord Campbell. Considerations about hours of working inevitably include not just planning officers but highways and environmental officers, hence we propose that, by agreement, developers and the council can extend the time for consultation beyond the 14 days. Some construction companies understand that working with local communities rather than bulldozing their way through to get what they want, regardless, has many benefits.

Amendment 54 in my name and that of my noble friend Lord Shipley would ensure that the planning authority was recompensed for the work done to extend hours. The minimum fee is £195 for planning applications and seems appropriate in this case. The Government must ensure recompense for work done. Planning consultants working for the developer will undoubtedly be paid handsomely for making the application to extend hours. It is only right that those making the decision be recompensed as well, and I hope that the Minister will be able to respond positively to that proposal.

The cross-party Amendment 73 is clearly about an administrative oversight and I am pleased that the Minister has given notice that the Government will seek to put the matter right. The three-month review proposed in Amendment 58 by the noble Baroness, Lady Wilcox, is one that the Government should consider carefully. A change of construction hours appears straightforward on paper but has many ramifications in reality, and time set aside to reflect is always a good idea. With those comments, I trust that the Minister will accept that our amendments are constructive in purpose and are in the interests of achieving a fair balance between construction, communities and the environment, and that the Government will be prepared to accept them.

[Baroness Wilcox of Newport [V]]

My Lords, Amendment 58 in my name would explore how the changes to construction hours might impact on those employed in the industry. The changes are welcomed by Unite the Union, which represents construction workers in the UK, but I understand that there are concerns that any extension of hours does not simply lead to workers working extended hours. A better situation would result in staggered shifts, allowing more construction workers to be employed on the site while maintaining social distance. I am sure that it is not the Government’s intention that longer operating hours will adversely impact those on site, but I would be grateful for assurances on how that will be guaranteed.

On the broader planning amendments, as the former leader of Newport City Council and leader of the Welsh Local Government Association, I speak from personal experience on these issues. I am all too familiar with the need to be cautious of the adverse effects on the environment, wildlife and of course of the need to take into account the views of local residents. My noble friend Lord Hain spoke eloquently about the scandal of land banking when over 400,000 homes are waiting to be built across the UK. Indeed, it was and still is a constant source of tension in local authority planning departments as developers await a rise in land and home values and just sit on their given permissions. My noble friend’s idea of a forfeit of planning consent is an excellent one. It would gain much support in local government. Most importantly, it would allow for homes to be built again to try and assuage the great need that we have for homes across the UK.

I hope that the Minister will offer assurances that he will engage with local authorities to stress the importance of these factors. Furthermore, I am glad to support the comments of my noble friend Lord Kennedy in welcoming the changes announced by the Government to Amendment 73 ensuring that the mayoral development corporations, TfL and the London Legacy Development Corporation can hold virtual meetings, as they are also planning authorities.

[Lord Greenhalgh]

My Lords, these amendments relate to construction site hours and virtual committees. We welcome the intention behind Amendment 73 on virtual committees, tabled by the noble Lord, Lord Kennedy of Southwark, and the noble Baronesses, Lady Kramer and Lady Valentine. It would amend Section 78 of the Coronavirus Act 2020. The Act was drafted at pace and the omission of the bodies listed was an accidental oversight, so I am pleased to tell the Committee that, as announced earlier, we are bringing forward an amendment on Report to deal with the matter. With regard to the length of construction hours— a point raised repeatedly by the noble Baronesses, Lady Jones and Lady Pinnock, and the noble Lord, Lord Campbell of Pittenweem—this is all about the balance between getting Britain building safely again and amenity.

I thank the noble Baroness, Lady Pinnock, the noble Lord, Lord Shipley, and my noble friends Lady McIntosh, Lord Blencathra and Lord Randall for amendments to Clause 16. My noble friend Lord Blencathra’s Amendment 53 deals with works in proximity to residential dwellings. I assure him that the planning authority will still have discretion to refuse applications that it considers would have an unacceptable impact. The draft guidance published alongside the Bill highlights that careful consideration will need to be given to whether to refuse applications made in relation to developments that are in close proximity to residential areas where the request is likely to have a significant impact on health. The guidance also flags up the need for the local planning authority to take into account its other legal duties to protect people in the locality from the effects of noise.

I will take Amendments 54, 55 and 57 tabled by the noble Baroness, Lady Pinnock, in order. First, in response to Amendment 54, I say that there should be no fee in the current circumstances. This is a temporary measure that deals with a specific issue and is accompanied by clear guidance. We do not believe that the average planning department is likely to receive a great number of applications through this route such that it would create a significant new burden.

On Amendment 55, the draft guidance encourages developers to work closely with their local community and the local planning authority to undertake any noisy works that may affect residents during normal working hours and to implement mitigation measures. The local authority has the option to enforce against any breach of such approved plans and can enforce against other unacceptable impacts through the statutory nuisance framework.

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[Baroness Pinnock [V]]

I have a short comment to make on the amendments of the noble Lord, Lord Lansley. He makes a strong argument in his request for a time extension to planning permissions and environmental approvals. I look forward to what the Minister has to say in this regard, because it seems to me that the case has been made.

[Baroness Wilcox of Newport [V]]

My Lords, the amendments in the name of the noble Lord, Lord Lansley, highlight questions in the Bill relating to the duration of planning provisions. Amendments 59, 62, 66 and 68 beg the question of what the consequences will be should the Bill be delayed. The other amendments in this group demonstrate the lost time and capacity available for development during 2020.

The United Kingdom is suffering from a lack of affordable housing. We must build to a scale which has not been seen in recent decades. The pausing of developments in recent months would make this even more difficult. We should also be alert to the knock-on effects on housing stock should developers be forced to cease construction altogether. As I noted in the previous debate in relation to the comments of my noble friend Lord Hain regarding land banking, we must allow houses again to be built without delay to provide homes for the people of this country. I hope the Minister can offer assurances regarding these issues.

Business and Planning Bill

Baroness Wilcox of Newport Excerpts

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

[Baroness Pinnock (LD) [V]]

My Lords, I draw the House’s attention to my interests as set out in the register as a councillor and a vice-president of the Local Government Association.

We on these Benches support the Bill’s intentions to provide some additional business opportunities for construction companies and pubs, bars and cafés, which are often smaller, independent businesses on our high streets and have had their trade curtailed by the coronavirus restrictions.

This group of amendments in general provide for cafés and pubs to apply to extend their sales on to the pavement in front of their premises for a temporary period. In Committee we had an extensive debate about the consequences for people with disabilities, in particular those with a sight impairment. I thank the Ministers—the noble Earl, Lord Howe, and the noble Lord, Lord Greenhalgh—for the meetings following Committee to discuss these issues of concern.

My noble friend Lord Shipley has succinctly described the purpose of our Amendment 20, to which I also have my name. Our intention is simply to ensure that in the granting of licences, pavements do not become a hazard for pedestrians. The noble Lord, Lord Holmes, has raised similar concerns and tabled a number of amendments to seek clarification and prevent pavements becoming inaccessible. In particular, we have been concerned about tables and chairs on the pavement gradually spilling over into the area set aside for pedestrians. This is the reason for the suggestions we have made about the requirement for a simple barrier to mark off the area of the pavement licence. I hope that most businesses will make this simple provision.

On another issue, the noble Lord, Lord Holmes, has made an important point in his Amendments 23 and 24: the principle of inclusive design should be the starting point when changes to the built environment are made. I hope the Government take note.

The amendment in the name of the noble Lord, Lord Hain, to aid a partnership approach between employers and employees and their trade union representatives states a principle we can easily support. It is good that the Government have listened to these concerns and have tabled several amendments seeking to ensure that pavements are kept clear for pedestrians. Although these amendments do not go as far as we and others have argued, they go a long way to satisfy those of us worried about the potential consequences.

If the Government’s Amendment 16 passes, there will be provision for the Secretary of State to make conditions on pavement licences by regulation. I thank the Government for sending an update of the guidance, which shows their willingness to safeguard the interests of pedestrians. We accept that the Government have moved a considerable distance in resolving these issues and look forward to the Minister’s response.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, I draw attention to my interests in the register. It is right that the House is again afforded the opportunity to consider the implication of pavement licences. The various amendments in the name of the noble Lord, Lord Holmes, highlight the need for inclusive design. I agree with him and am pleased that the Government have also tabled amendments on this theme. The noble Lord, Lord Cormack, and the noble Baroness, Lady Pinnock, raise similar concerns, and I am glad that the House has debated them today.

I hope that, in addition to the Government’s amendments, the Minister offers further non-statutory assurances to make certain that accessibility issues are resolved. As my noble friend Lady Kennedy of Cradley noted, applications should not be granted if people are forced to cross a road; they should be able to pass by without incident. Pavement licences, when granted, can result in vibrant social spaces, but relevant stakeholder consultation is essential, as is the role of local authorities in ensuring compliance—as raised by my noble friend Lord Harris of Haringey. I agree with him that resources will need to be made available to local authorities for the extra work that this will entail.

My noble friend Lord Hain returned to the issue of trade union engagement, and he has the support of these Benches in so doing. As he said, consultation and co-operation have become the name of the game. I associate myself with the remarks of my noble friend Lady Chakrabarti in that respect. It should be the norm and statutorily implemented.

The House is aware from previous stages of the Bill that amendments in my name and that of the noble Lord, Lord Kennedy, have been raised about the concerns of trade union members. This amendment would ensure that local authorities consult employees and their unions when determining pavement seating applications. In recent weeks, I have spoken to members of Wetherspoon staff represented by the BFAWU, and it is clear that they are often left in the dark on decisions that have enormous ramifications for their working conditions. I hope the Minister will assure the House that he has at least engaged with trade unions in drafting the legislation and that he continues to during its implementation.

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

My Lords, the pavement licensing clauses in the Bill will provide vital temporary flexibility to aid the recovery of the 158,000 hospitality businesses that employ almost 2 million people over the summer months. That is the importance of this legislation, as raised by my noble friends Lord Naseby and Lord Sheikh, and the noble Baroness, Lady Pinnock.

Noble Lords have voiced concerns over accessibility, which the Government agree is paramount. While the Government have sought to address accessibility from the outset, through robust conditions such as the no-obstruction condition, guidance and enforcement procedures, we have reflected on the strong feeling in this House and recognise that more needs to be done.

In response—and what has been described by “a huge step forward” by my noble friend Lord Holmes—the Government have tabled Amendments 6, 16, 21 and 87, in the name of my noble friend Lord Howe. First, the Government have tabled Amendment 6 to Clause 3, which would insert a new subsection after subsection (6). New subsection (6A) provides that, when local authorities are determining whether furniture put on the highway would be, or already is, an unacceptable obstruction, they must have specific regard to the needs of disabled people and to any recommended distances required for access by disabled people, as set out in guidance issued by the Secretary of State. This puts in the Bill a requirement that a local authority, when deciding whether to grant an application and to exercise its enforcement powers, must have in mind the needs of disabled people and for clear access, as set out in the Government’s guidance.

Secondly, as well as the amendment to the Bill, I appreciate that there has been some confusion over the application of inclusive mobility guidance, so we are going to sharpen the focus. Inclusive mobility draws on a wide range of stakeholder inputs and remains the key piece of design guidance for the pedestrian environment. In response to the noble Lord, Lord Low, work led by DfT is under way that will update inclusive mobility next year. However, we recognise that businesses applying for licences may need clearer direction.

That is why our guidance will make clear that, in most circumstances, 1,500 millimetres or 1.5 metres of clear space should be regarded as the minimum acceptable distance between the obstacle and the edge of the footway. We will also address other concerns raised—specifically, provision of clear barriers to demarcate seating, explicit reference to duties on local authorities under the Equality Act and style of furniture. In response to the noble Baroness, Lady Bowles, that is the framework within which we are asking local authorities to operate.

We have also set out, in the House, the circumstances when local authorities can use their power to revoke, including where there is a breach of condition or there are risks to health and public safety, as well as highways obstruction. In response to the noble Lord, Lord Addington, there are robust enforcement procedures and local authorities can revoke licences when they give rise to these risks. They will need to have regard to the public sector equality duty under the Equality Act, when devising and implementing the new licensing regime, to eliminate discrimination and harassment. In response to the noble Baroness, Lady Grey-Thompson, disabled people can complain to the local authority, so authorities can act and revoke the licence for breach of a condition, which would be taken immediately. The idea of using markers, as raised by the noble Earl, Lord Clancarty, will also be considered in the guidance. That was a good point.

In drafting the guidance, we have consulted key stakeholders, including the RNIB and the Guide Dogs for the Blind Association, as well as the Local Government Association. These are the relevant stakeholders requested by the noble Baroness, Lady Kennedy. Since these measures will come into effect immediately on Royal Assent, it is important that we publish final guidance now, so that local authorities and businesses have regard to these vital considerations of accessibility without delay, as soon as these measures are implemented. However, we have made clear that any new national conditions will be subject to the negative procedure, as I will turn to shortly.

Finally, as a third step, we will be communicating the publication of the guidance to local authorities to make sure that they have sight of it as soon as possible. In so doing, we will point to existing examples of best practice on accessibility, as suggested by the RNIB.

With these steps, the Bill now makes clear that authorities must take the needs of disabled people and recommended distances into account, while guidance will set out further detail on what this entails. This provides very clear direction to local authorities and leaves scope for them to respond to their own local circumstances, while complying with their existing duties under equalities legislation. That delivers the certainty referred to by the noble Lord, Lord Shipley, with a degree of local discretion. I have to say, I note that my noble friend Lord Blencathra reserves the right to bulldoze through any obstruction in his armoured wheelchair.

I hope, therefore, that my noble friends Lord Blencathra, Lord Holmes and Lord Cormack, the noble Baronesses, Lady Pinnock and Lady Thomas, and the noble Lord, Lord Shipley, will accept government Amendment 6, and not press their amendments on this matter.

As I set out at Second Reading, the Government have accepted the recommendation of the Delegated Powers and Regulatory Reform Committee and tabled an amendment to replace the Secretary of State’s power to publish national conditions on pavement licences with a power to specify any national conditions for pavement licences in regulations, subject to the negative resolution procedure. This should provide a robust level of scrutiny of any national conditions. I hope that noble Lords will accept government Amendments 16 and 87.

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Moved by

[Baroness Wilcox of Newport]

11: Clause 5, page 4, line 37, at end insert—
“(2A) Conditions under subsection (2) may include that smoking is prohibited in either the entire area or part of the area covered by a pavement licence.(2B) A condition to prohibit smoking under subsection (2) may only apply if the local authority has first consulted local businesses and residents prior to the publication of such a condition.(2C) Conditions under subsection (2) may not prohibit the use of electronic cigarettes in the area covered by a pavement licence.”Member’s explanatory statement
This amendment would allow local authorities to prohibit smoking in areas covered by pavement licenses, provided they have first consulted local businesses and residents. This would not prohibit e-cigarettes.

[Baroness Wilcox of Newport [V]]

My Lords, tobacco is the leading cause of preventable death in the world. Although fewer than one in five adults in the UK now smoke, the Government must do all in their power to aid this remaining population to quit. We are in a fortunate position, in that in recent months, a million people in Britain have stopped smoking. The Government would do well to consider the recommendations of Action on Smoking and Health for how this can be built on.

The health risks of smoking are, of course, not restricted to smokers. The House will clearly be aware of the dangers of second-hand smoke, including in outdoor areas of pubs, bars and other premises to which the Bill relates. The Bill, as introduced by the Government, was a missed opportunity. In creating new outdoor areas, there should have been provision from the outset for smoke-free areas. On this basis we tabled Amendment 11, which would create a power for local authorities to prohibit smoking in certain areas covered by pavement licences after due consultation.

I am pleased that the Government sought to rectify their omission by tabling Amendment 13 to allow for smoke-free areas. It has the support of these Benches, but the amendment alone is not enough. The Government must take a firmer line on public health and consider how they can reduce the dangers of second-hand smoke more widely. In future legislation, I hope they will focus on doing so from the outset, for if they do not, we will again.

The amendment in the name of the noble Baroness, Lady Northover, would create a condition that pavement licences can be granted only if smoking is prohibited. While I fully sympathise with her reason for tabling this effort, I am afraid that we cannot support the present draft. As it stands, it might have enormous unintended consequences. It does not clarify that the prohibition of smoking should apply to the area covered by pavement licences, and without the definition of smoking it might unintentionally ban e-cigarettes. I understand that there are also concerns that other errors might lead to judicial review. If not for these errors we could consider the amendment, but in its present iteration I am afraid we cannot.

The noble Baroness is right to press for the Government to consider the implications of second-hand smoke, but when the hospitality industry is already suffering as it is, this attempt at some form of blanket ban, attached in haste to emergency legislation, would have consequences that I am sure are unintended. I hope the noble Baroness will reflect on this, support the efforts to create smoke-free zones and join us in holding the Government to account on their widespread failures to reduce smoking.

Finally, I ask the Minister to confirm that the Government’s amendment will not be their only effort to eliminate the dangers of second-hand smoke during this crisis. The initial drafting of the legislation served as a missed opportunity to tackle smoking. I am afraid that that is somewhat characteristic of their attitude over the past decade. I will press the Government on three specific issues. Will they halt the planned cuts to smoking cessation services across England? Will they properly fund the devolved Governments, including the Labour-led Welsh Government, to support their efforts in stopping people smoking? Will they engage and equip local authorities to play their significant part in what remains an enormous challenge to public health? I beg to move.

[Baroness Northover (LD)]

My Lords, I shall speak to Amendment 15 in my name and that of my colleagues, the noble Lords, Lord Young of Cookham and Lord Faulkner of Worcester, and the noble Baroness, Lady Finlay of Llandaff. There has been an anti-smoking cross-party coalition in the Lords for almost two decades. That cross-party approach reflects the House at its best. Since Sir Richard Doll’s report all those years ago, we have known that smoking kills, and in an appalling fashion. Nevertheless, as we know, it has been an uphill battle to set in place anti-smoking measures. The noble Earl, Lord Howe—I am glad to see that he is in his place, even if he is not on the Front Bench—has long been part of that coalition. This issue does and should arch over mere party concerns, though that is not always the case. It is extremely disappointing when that manifests, because our opponents are funded and united.

However, I was very glad that when we raised this as the sole amendment on this issue in Committee the Government responded. I was in the Chamber, and I admit that I directed much of what I said to the noble Earl, given his track record on this issue. I hugely commend those of other parties who have had the determination to stand against the pressure on them for the sake of public health.

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[Lord Greenhalgh]

My Lords, we would do well to remember that the pavement licensing clauses in the Bill provide vital temporary flexibility to aid the recovery of hospitality businesses over the summer months, and that we need to proceed quickly to achieve that. Noble Lords have voiced some concerns and requested clarity in relation to the position on outdoor smoking under these temporary fast-track licences. I am not going to go into the respective roles of the hard cop and the soft cop in achieving the Government’s amendments, as my noble friend Lord Young put it. However, in recognition of the mood across the House the Government have tabled Amendments 13, 14 and 25 to provide the clarity that local authorities, businesses and customers need.

It is important to recognise that we are winning the battle against smoking: Great Britain has one of the lowest rates of smoking in Europe, at 13.9% of adults. Fewer than one in six adults smoke today and, as we heard from the noble Lord, Lord Rennard, over 1 million people have given up during the lockdown, as was mentioned by my noble friend Lord Bethell earlier today.

This Government have taken great strides in reducing the harms caused by smoking. We committed to doing so in the prevention Green Paper. We will publish the prevention guidance response in due course and set out our plans to achieve a smoke-free England by 2030 at a later date. I am delighted that the noble Baroness, Lady Wilcox, supports that mission. I emphasise to her that there has been no stop in providing smoking cessation support. The Government continue to provide those programmes of work, which address smoking harms nationally and are delivered locally through the tobacco control plan for England and the NHS long-term plan’s commitment to provide smoking cessation support in hospital settings.

In the debate noble Lords expressed their support for the temporary, urgent and necessary reforms brought forward in the Bill to support the businesses hardest hit by this pandemic—our pubs, cafés and restaurants—and to protect jobs in those sectors. We recognise that the Covid restrictions mean that customers are encouraged or required to eat and drink outside, and that clarity is critical as we support businesses to recover. That is why the Government have tabled an amendment requiring proper provision for non-smoking seating via a smoke-free seating condition. This amendment does not prevent the portion of businesses which wish to cater for smokers from doing so. It requires proper provision for non-smoking seating. This means that customers who want to choose to sit in smoking or non-smoking al fresco dining areas will be able to do so.

The Government’s position means that all businesses eligible for pavement licences can share the benefits of this new fast-track licence, while ensuring provision for non-smoking seating. Of course, businesses can already make their own non-smoking policies for outside spaces to reflect customer wishes without the need for regulations, and the Government support that. I say to my noble friend Lord Balfe that a blanket ban can be imposed by businesses themselves. Our guidance will further reinforce this point, making it clear that the licence holder has to make reasonable provision for seating free of smoking.

The guidance is available on the GOV.UK website and was circulated to noble Lords and noble Baronesses before this debate. It includes clear no-smoking signage, displayed in accordance with the Smoke-free (Signs) Regulations 2012. No ashtrays or similar receptacles are to be provided or left on furniture where smoke-free seating is identified. Licence holders should aim for a minimum two-metre distance between non-smoking and smoking areas, wherever possible. That is the framework, so I do not see the confusion raised by the noble Lord, Lord Carlile.

It is also worth reiterating that businesses must continue to have regard to smoke-free legislation under the Health Act 2006, and the subsequent Smoke-free (Premises and Enforcement) Regulations 2006. This is restated in our guidance, as it is absolutely right to stress it, and the Government are committed to working towards a smoke-free society by 2030, as I have said.

Now is not the time to prevent businesses catering to their customers, or to use a temporary provision on pavement licences to ban smoking outdoors. Now is the time to support our hospitality industry and ensure that all businesses eligible for pavement licences can share the benefits of this new fast-track licence. This point was made by my noble friend Lord Blencathra. The noble Baroness, Lady Wilcox, is to withdraw her Amendment 11 and I thank her for her support for our amendment, which seeks to achieve what she set out in her amendment.

However, I fear that Amendment 15 in the name of the noble Baroness, Lady Northover, is not the way to proceed and would be unfair to businesses. While undoubtedly not its intention, it would create confusion. The effect is to create an unfair playing field between businesses applying for these new licences, which need to abide by the condition, and those with existing licences, which do not. This point was made by several of my colleagues. Her amendment also cuts across the ability of business owners to make their own non-smoking policies for outside space, without the need for regulations. Of course, there are cases where the regulations are already clear. The existing power, set out in the Health Act 2006 and subsequent Smoke-free (Premises and Enforcement) Regulations 2006, made it illegal to smoke in public in enclosed, or substantially enclosed, areas and workplaces. The Bill changes none of this.

On the other hand, the Government’s amendment has the proportionate approach advocated by the noble Lord, Lord Clement-Jones. He said that we needed proportionality and this is what we deliver with this amendment. It rightly requires proper, fair provision for non-smoking seating, while not undermining business owners whose customers include smokers. It supports our hospitality sector in continuing to operate, while following the Covid restrictions necessary to protect public health. I thank my noble friends Lady Neville-Rolfe, Lord Sheikh, Lady McIntosh, Lord Lansley and Lord Young for supporting the government amendment, as well as the noble Baroness, Lady Falkner. I therefore urge noble Lords to support government Amendments 13, 14 and 25, which will ensure that consumer choice remains. The noble Baroness, Lady Wilcox, has already indicated that she will withdraw her Amendment 11, but I ask that the noble Baroness, Lady Northover, does not move her Amendment 15 when called.

On a couple of points of clarification, the guidance being issued is joint guidance from the MHCLG and DHSC. It will not be subject to parliamentary scrutiny, in response to the noble Lord, Lord Faulkner. In response to the noble Lord, Lord German, there will be no physical barrier between non-smokers and smoking areas but a two-metre gap. I hope that answers the questions raised in the debate.

[Baroness Wilcox of Newport [V]]

My Lords—[Inaudible.]

[The Deputy Speaker (Lord McNicol of West Kilbride) (Lab)]

Unfortunately, Lady Wilcox, we cannot hear you. Can we try again?

[Baroness Wilcox of Newport [V]]

Deputy Speaker, can you hear me now, please?

[The Deputy Speaker]

Yes, carry on.

[Baroness Wilcox of Newport [V]]

Thank you. I thank all noble Lords who have spoken in this debate for the many important and apposite points raised. The Government could have gone further in the development of their amendment, as I noted, and thus we tabled our own amendment. I may be one of the most recent Members of your Lordships’ House but I believe it is one of the prerequisites of our work to make those changes. For the record, the Welsh Health Minister, Vaughan Gething, made a manifesto commitment before the introduction of legislation that will follow, under normal process, regarding Wales’s public spaces and smoking in the next Senedd term. We will keep these matters under review and, no doubt, return to the issue within longer-term legislation in the future. I therefore now beg leave to withdraw the amendment standing in my name.

Amendment 11 withdrawn.

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[The Deputy Speaker]

I call the noble Baroness, Lady Pinnock. I think we have a problem with the noble Baroness’s sound, so I suggest we move on to the noble Baroness, Lady Wilcox of Newport.

[Baroness Wilcox of Newport [V]]

My Lords, this amendment has the noble aim of boosting local tourism and raises questions about the package travel regulations. We are still awaiting the Government review of the package travel rules and I am reluctant to accept the Minister’s previous suggestion that we cannot consider this issue until we have left the EU. The Government should do whatever is possible to support the domestic tourism industry through this tough time, so I would welcome it if the Minister were able to expand on what support they will offer.