Deregulation Bill

Barry Sheerman Excerpts

Wednesday 14th May 2014 Commons Chamber

[Norman Baker]

I hesitate to intervene in the Perkins household as to what a small amount of alcohol might be. This is a proper matter for consultation. We need to take into account, for example, whether any alcohol consumed could in theory lead to disorder. We would not want that to occur under this regime. We also want to ensure that we do not encourage drink-driving, and so on. Those are the considerations that we will take into account, but we genuinely want to hear from those who respond to the consultation process what they regard as a small amount. It is the principle that we are concerned with today.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I am terribly enthusiastic about the Minister’s general all-party, cross-party approach to getting rid of unnecessary regulation. I absolutely agree with him, but I have just come from a meeting of crowdfunders, who are really hurt by the fact that a Government who believe in deregulation have just introduced the regulation of crowdfunding through the Financial Conduct Authority, which is doing great harm to a growing industry.

[Norman Baker]

That is a bit off my beat, if I may say so. Obviously, the Government believes in regulation where it is appropriate, but it also believes in removing regulation where it is not appropriate, and that is a balance that it tries to strike in what it does.

Getting an authorisation under the new community and ancillary sellers notice will be simple and straightforward for eligible users and for the local licensing authorities. Users will fill out a simple form and send it to the council to notify it of their intentions to provide alcohol under the new notice. The fee, which we want to keep as low as possible, will accompany the notice. Under the provisions, business users or ancillary sellers will need to specify a single premises from which they will be making alcohol sales, and community groups will be able to name up to three premises at which they will be holding events under the notice.

Licensing authorities will be able to reject a notice where it is appropriate on grounds of preventing crime and disorder, preventing public nuisance, promoting public safety, or protecting children from harm.

--- Later in debate ---

[Norman Baker]

There was certainly an open consultation on the alcohol strategy generally. I am well aware of the link between alcohol and violence, as both matters are within my portfolio at the Home Office, but I must stress that this proposal is about very low levels of alcohol being consumed in controlled events and in certain circumstances involving, for example, church choirs and bed-and-breakfast establishments. That is a far cry from the problems we sometimes see on our streets on a Friday or Saturday night. I want to stress that alcohol harm and disorder would in no way be accelerated by this process; quite the reverse. We are simply taking a non-threatening, problem-free alcohol environment and simplifying the bureaucracy that surrounds it. I appreciate the hon. Gentleman’s concerns about these matters, but let me assure him that we take alcohol harm very seriously indeed.

[Mr Sheerman]

On that point—and it is a serious one, as those of us who have campaigned on the wrongful use of alcohol know—there used to be different laws for those who charge for alcohol and those who give it away for free, for example as an act of hospitality in commercial premises. Will that continue, or will it end under this scheme?

[Norman Baker]

As I mentioned a moment ago, if a bed-and-breakfast establishment offers alcohol to guests when they arrive, that is deemed to be a sale, even if an indirect one, because essentially it is included in the overall price of the overnight accommodation. That is how it is regarded in this legislation.

The provisions allow for other safeguards. Users of the new notice will be responsible persons for the purposes of criminal offences in the Licensing Act 2003, such as the selling of alcohol to children. That relates to the point made by the hon. Member for Strangford (Jim Shannon). As with other authorisations under the 2003 Act, the provisions in the Bill will be underpinned by more detailed regulation, on which the Government will consult.

We also intend such regulations to cover the amount of alcohol that can be sold. That relates to the point made by my hon. Friend the Member for Rochford and Southend East (James Duddridge). We intend that a limit on the amount of alcohol that can be given to an adult within 24 hours will generally apply, or an average of that amount for adults attending a community event. Precise limits will be subject to consultation. We want the system to operate in a light-touch, practical way. Details, such as the level of the fee, the qualifying criteria—the types of community groups and the size of businesses, for example—and what discretion licensing authorities will have, will all be matters for regulation, most of which will be subject to the affirmative resolution procedure, thereby giving Members full opportunity to take part in discussions and decisions. We are looking forward to working with key partners on the detail of the measure and are consulting publicly on this.

This is a radical new licensing authorisation that will help to achieve the Government’s aims of helping community groups and particular small businesses while at the same time maintaining important public health and public safety safeguards. I commend it to the House.