Licensing Hours Extensions Bill

Emma Lewell-Buck Excerpts

Committee stage
Wednesday 21st February 2024 Public Bill Committees

[The Chair]

With this it will be convenient to discuss clause 2 stand part.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

It is a pleasure to see you in the Chair, Mrs Murray, and to bring the Licensing Hours Extensions Bill to Committee.

Clause 1 will amend section 197 of the Licensing Act 2003, “Regulations and orders”, by deleting subsec-tion (3)(d), deleting the cross-reference to subsection (3)(d) in subsection (4) and deleting subsection (5). The effect of those deletions will be to change from affirmative to negative the parliamentary procedure for a licensing hours extension order, meaning that the Home Secretary and Ministers will have powers to make licensing hours extension orders without the long parliamentary approval process that is currently in place.

Love for our pubs is strong across all our constituencies. If there is one thing guaranteed to unite us, it is sporting and royal events. We tend to gather for those events in our local pubs, because they are the beating heart of our communities. As hon. Members will know, such events do not always take place when our pubs and hospitality venues are open, which is why the 2003 Act makes two provisions for licence extension.

First, individual licensed premises can apply to their local authority for a temporary event notice. Each application costs £21 and takes a minimum of five working days to be approved. That provision is not designed for scenarios in which a large number of venues across the country wish to extend their licensing hours at short notice and at the same time, so the 2003 Act makes a second provision under section 172, which enables licensing extensions for

“an occasion of exceptional international, national, or local significance”.

That allows the Government to make a blanket relaxation order applicable to all premises in England and Wales, specifying the dates and times of the relaxation and not exceeding four days.

Such orders, which are made under section 197 of the Act, are subject to the affirmative procedure and need approval from both Houses of Parliament. Best practice is for the Home Secretary to complete a public consultation and then for both Houses to debate the order, but that can take up to six months to implement. As I mentioned on Second Reading, the process has been used for the coronation of His Majesty the King, the 90th birthday and platinum jubilee of Her late Majesty, the 2011 and 2018 royal weddings, the 2014 FIFA World cup and the Euro 2020 final in 2021.

Last summer, our whole country was immensely proud of our Lionesses reaching the women’s World cup final. As hon. Members will recall, we found out only four days before the match that the Lionesses had made the final, which was taking place on a Sunday in Sydney with an 11-hour time difference. The match kicked off at 11 am, when many pubs were just opening their doors. There was no time for them to apply to their local authority for a TEN and, because Parliament was in recess, there was no mechanism for the Government to issue a blanket extension. Our communities and pubs missed out on all that pre-match excitement and much-needed extra revenue.

Clause 1 will allow the Home Secretary or Ministers to make an extension order in similar situations without going through the costly, overly bureaucratic, time-consuming and restrictive process that exists now. Clause 2 simply states that the Bill will come into force on the day of Royal Assent and will extend to England and Wales only. As no amendments have been tabled, I hope and am confident that Committee members will agree to clauses 1 and 2.

[Wera Hobhouse (Bath) (LD)]

I rise to add a few words of support for the Bill from the Liberal Democrats and myself.

In Bath we love our pubs as much as anybody else. I am sure that we have all heard from the hospitality sector in our constituencies about how tough the past few years have been. We are lucky to have a thriving hospitality sector in Bath, but businesses still face many challenges.

Clause 1 is integral to preventing pubs from missing out again on opening early, as happened when the Lionesses reached the World cup final last summer. In Bath we have Bath Rugby and Bath City football club, of which I am a fan. Our women’s team is doing very well, too; it is always good to have an opportunity to praise them and to repeat our admiration for what all our women’s teams achieve.

The change from the affirmative to the negative procedure is important because sporting events often happen in the summer when Parliament is not sitting. A change in licensing procedure would have enabled many pubs in Bath to open earlier during the women’s World cup final, allowing fans to take in the atmosphere before the game and allowing the pubs to take in more profits. However, the Bill will fix only a small part of the inadequate statutory framework, the basic flaws of which have, if anything, been compounded by subsequent piecemeal amendments. The House of Lords Liaison Committee’s post-legislative scrutiny follow-up report in 2022 found that flaws in the licensing system remained unresolved and that significant reform was required.

I am grateful to the hon. Member for South Shields for this Bill, which will go some way towards improving the law. However, we need to take another look at the licensing system and consider whether it is fit for purpose.

--- Later in debate ---

[Chris Philp]

It will depend on the circumstances. My hon. Friend mentions the time zone. I am trying to think this through on my feet. If the games are taking place during the day in Los Angeles, they would be likely to take place during the afternoon, the evening and the early hours of the morning in the UK. The Olympics last for two or three weeks. Whether it would be appropriate to have all pubs, working men’s clubs—everything—open until 3 or 4 o’clock in the morning for two or three weeks is a question that would have to be carefully considered at the time and viewed through the prism of public order and so on.

[Mrs Lewell-Buck]

Will the Minister clarify that the power is to be used at exceptional times and for exceptional events, and that forward planning will not be dispensed with? For events that are already known about, the usual consultation will take place with licensed premises, the police and local authorities, and they will be planned for in the usual way. Will the Minister clarify that this power is for exceptional circumstances that cannot be forward-planned?

[Chris Philp]

I am happy to confirm that the hon. Member has put it correctly. As she says, the power is designed for exceptional circumstances where at short notice—I stress “at short notice”—something happens like a team getting into a final that takes place only four or five days later. Obviously there can be more thorough planning for things like the Olympics, which we know about five or 10 years in advance. The Bill is for exceptional circumstances. I completely agree with the hon. Member’s characterisation of the position.

[Chris Philp]

I am not sure I agree. When there is plenty of notice, as with the Olympics, there is plenty of time to plan and make arrangements if appropriate. The Los Angeles Olympics are a number of years away. As I say, I am not convinced that having all the pubs and bars open until 3 or 4 o’clock in the morning for three or four weeks over the summer would be a good idea.

There is plenty of time to make such arrangements under the current licensing regime. The only problem that we have found is with very short-notice situations, particularly when Parliament is not sitting. With the men’s Euros semi-final, Parliament was sitting and it was possible to make an arrangement at short notice. In my view, the circumstances that arise when Parliament is not sitting are the only lacuna. All other circumstances can be accommodated within the current licensing regime.

I have spoken for rather longer than I had intended, as I wanted to take interventions, but my voice is now getting a bit croaky. I conclude by congratulating the hon. Member for South Shields again on taking the initiative and shepherding the Bill with such charm and aplomb.

[Mrs Lewell-Buck]

I thank the Minister for his words of support, and I thank all members of the Committee. It might be worth noting, even though it has not come up in the discussion today, that we are not removing Parliament’s say on these matters. Under the negative statutory instrument procedure, hon. Members can pray against an order once it is made. Will the Minister confirm that that is correct? [Interruption.] The officials are nodding. I thank them for their support with drafting the Bill and getting it to this stage.

This is a small, technical piece of legislation, but it will give a massive boost to our hospitality venues and to our communities coming together at times of national celebration. I very much look forward to joining my constituents in one of our many locals to celebrate the next important national event.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Bill to be reported, without amendment.