Liquid Nitrogen Drinks

Dan Poulter Excerpts

Friday 30th November 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for Health (Dr Daniel Poulter)]

I congratulate my hon. Friend the Member for Morecambe and Lunesdale (David Morris) on securing this debate and on his continuing strong advocacy for his constituents. I know that he has been a diligent and hard-working constituency MP since he was elected, and I pay tribute to his work in bringing forward this issue. As a doctor, I was sad to hear of the ordeal that Gaby Scanlon endured when she went out to celebrate her 18th birthday, and of the distress caused not only to her but to her family and friends. I acknowledge my hon. Friend’s determination, therefore, in following up on the serious injury suffered by his constituent.

As my hon. Friend rightly outlined, the incident on 2 October has attracted considerable media attention. Tonight being a Friday night, I am sure that many young people will be going out into bars and clubs in the places they live or perhaps further afield. This debate has also attracted attention in Australia and New Zealand. As we know, this is the first time that the Food Standards Agency has been made aware of a food incident involving the use of liquid nitrogen. I say “a food incident”. The FSA, a national body working in close partnership with local licensing authorities, has responsibility to ensure that food and drink in our restaurants, bars and clubs and elsewhere is served responsibly and safely. When it became aware of the incident, the FSA immediately issued a warning to raise consumers’ awareness of the dangers of consuming drinks containing liquid nitrogen. The FSA also encouraged all environmental health officers to be vigilant about the use of liquid nitrogen in food or drink when carrying out their routine inspections of food and hospitality premises.

I hope my hon. Friend will be reassured to hear about the controls that are already in place. Food law prohibits the sale of harmful foods and drinks in the UK. Manufacturers, retailers and businesses in the UK have a legal obligation to ensure that the food and drink they serve to the public is fit for human consumption. There are industry safety and handling guidelines around the use and storage of liquid nitrogen. Business owners are responsible for training their staff, making them aware of the potential risks of using liquid nitrogen and having appropriate safety measures in place to protect staff and consumers. Existing legislation prohibits the sale of food and drink that is unsafe. Enforcement of both health and safety measures and food safety legislation is the responsibility of the relevant local authority—in this case Lancaster city council. Businesses selling alcohol that are convicted of food safety offences can have their alcohol licences withdrawn by the local licensing authority.

It is worth touching on the wider point about the glamorisation of alcohol—sometimes by the food and drink industry, but particularly by wider sectors of the media. As I have said, tonight many young people will go out to bars, clubs and other settings in town centres and elsewhere, including the village and market town pubs in my constituency, to enjoy an evening out with friends. On the whole, things will pass successfully and without any adverse incident. However, we know that there has been a problem in parts of the country where certain bars and clubs have been irresponsible in their marketing of alcohol. It is the responsibility of licensing authorities to ensure good practice in the performance of their local bars and clubs and to ensure that they are run responsibly. With regard to the premises in question, that is something that I know the local council will look at seriously in the ongoing investigation in this case.

We expect those who sell and promote alcohol to do so responsibly. The alcohol industry in general has made a core commitment, through the public health responsibility deal, to foster a better culture of responsible drinking. We are grateful for the national recognition of the importance of the issue by the alcohol industry, but the Government’s alcohol strategy goes further in fostering responsible drinking, aiming to cut the number of people drinking to harmful levels. It addresses both health and social harms, describing co-ordinated actions across Government, and includes a commitment to introduce a minimum unit price for alcohol to tackle the sale of heavily discounted alcohol, with further action to ensure that local authorities have the licensing powers they need to protect local communities. The strategy will deal not just with binge drinking, but with all activities to do with responsible drinking, promoting safe places for people, young or old, to go out in town centres in the evenings. On 28 November, the Government launched a consultation on a number of areas set out in the strategy, including a recommended price of 45p per unit of alcohol. We are taking that action to ensure a sensible price for drinks that cause harm.

What is the local authority doing in this case? Lancaster city council is rightly investigating the events that led to Gaby’s very serious injury. The full details of what happened in this incident are not yet publicly available, because of the ongoing review and investigation of the case by the city council. However, I can reassure my hon. Friend that once they have concluded, government departments such as the Food Standards Agency will consider whether further guidance is necessary. As I outlined earlier, initial action has been taken to warn consumers of the risks of consuming drinks containing liquid nitrogen and to ensure that local authorities are vigilant in their inspection of food businesses with regard to the sale of this product. We do not yet have all the information about what happened in the bar in Lancaster, so we need to wait for the conclusion of the investigation by the council. However, I reassure my hon. Friend that we will take the results of that investigation seriously and the FSA will consider them. We must ensure that what happened to Gaby does not happen again to other young people.

Question put and agreed to.