Alcohol Licensing Advertising

James Brokenshire Excerpts

Tuesday 18th June 2013 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

It is a pleasure to serve under your chairmanship on this occasion, Mr Streeter. The hon. Member for Kingston upon Hull North (Diana Johnson) and I had the pleasure of serving under your chairmanship during the Public Bill Committee stage of the Protection of Freedoms Act 2012. It is good to see you in the Chair again today.

I congratulate my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson) on securing this debate today, and on providing an opportunity to debate the important issues relating to the advertising requirements that pertain to alcohol licensing. My hon. Friend is a strong supporter of local media. He is proud to be a true man of Kent. I welcome his using the opportunity to champion the Kent Messenger and other local Kent titles, whose influence even reaches across the borders to my constituency. I hope that the Bexley Times and the Bexley News Shopper provide some local competition to his titles, too.

I also thank my hon. Friends the Members for Lincoln (Karl MᶜCartney) and for Dartford (Gareth Johnson) for their interventions. The strength of support for the local press and local media comes through clearly in our debate, and I will deal with those comments later, feeding back on a number of points during my response this afternoon.

I welcome the hon. Member for Kingston upon Hull North to her place. As she highlighted, we had many happy hours together, debating the detail of alcohol licensing policy during the Public Bill Committee stage of the Police Reform and Social Responsibility Act 2011, when we highlighted a number of important points and added to the scrutiny of the Bill. Although I no longer hold the policy lead on alcohol, which is with my hon. Friend the Member for Taunton Deane (Mr Browne), the crime prevention Minister—he is not able to respond to this debate because he is in Committee—I welcome the opportunity to revisit some of the ground that we debated at that time. I had not appreciated that the hon. Lady was a Daily Mail reader, albeit the Hull Daily Mail.

Local newspapers have more than 30 million readers in the UK, through their print titles alone each week—some 61% of all UK adults—as well as 62 million web users a month. My hon. Friend talked about the immense value and importance of local newspapers and that was emphasised by additional contributions by my hon. Friends the Members for Lincoln and for Dartford, particularly on the benefit that they provide to people who do not have internet access.

Like my hon. Friend, I am also committed to a strong, local, independent media. I reassure him that this Government regard the independent local press as essential for local democracy, as it helps local people to hold their local council and other agencies to account. The Government have recently introduced measures in the Local Audit and Accountability Bill to protect the independent press from unfair competition from council newspapers—the so-called “town hall Pravdas” that disregard the code of recommended practice on local authority publicity. The code restricts the publication of council newspapers and news sheets to once a quarter, but some local authorities are disregarding it by publishing their newspapers as frequently as weekly, taking paid advertising revenue away from the independent local press. The new legislation will enable the Secretary of State for Communities and Local Government to direct authorities to comply with the code.

The Government are committed to tackling alcohol-related harm and developing a licensing regime in which the public have a strong voice. At the same time, we want to lift the burden of bureaucratic processes from licensing authorities and responsible businesses. The proposal to remove the relevant requirement on licensing applicants, many of whom are small businesses, was introduced to remove what some see as an unnecessary burden. I should like to be clear and say to my hon. Friend that there is no desire to prevent local people getting information about new licensing applications or playing an active role in the licensing process. This Government have done more than any other to increase the ways in which local communities and local people have a say in whether pubs and clubs should be open in their areas, and for how long. Ensuring access to local information about licensing is key to that.

As the hon. Member for Kingston upon Hull North said, I led on much of the Government’s legislation in the 2011 Act, to overhaul Labour’s Licensing Act 2003 and rebalance it in favour of local communities. We gave local people a stronger voice by scrapping the old vicinity test that the hon. Lady mentioned, so that, now, anyone can make representations and object to licensing applications regardless of where they live in relation to the premises. In addition, we made it easier for licensing authorities to respond to local concerns about irresponsible businesses selling alcohol and close problem premises down. We have lowered the evidence threshold for decision making and the burden of proof to show that a premises is causing public nuisance or crime and disorder, for example. That is helping to ensure that the appropriate balance is given to local communities to make those decisions.

We have also given responsible authority status to licensing authorities, ensuring that those are better able to respond to the concerns of local residents by taking swift action to tackle irresponsible premises, without having to wait for representations from the police or other responsible authorities. At the same time, we have given local health bodies a greater say in licensing and increased the availability of information about alcohol licensing online.

More than 40% of violent crime is alcohol related. In October last year, new powers were introduced and made available to help local communities tackle the problems of crime and disorder caused by late-night drinking. The late-night levy allows local councils to charge pubs and clubs opening late at night for a contribution to policing costs. The early morning alcohol restriction order allows for alcohol sales to be banned between midnight and 6 am, if there are local grounds to do so. The powers commenced on 31 October 2010. Many licensing authorities, including the London borough of Islington, and Newcastle, are considering carefully whether the late-night levy could benefit their area. They must also consult publicly before introducing the levy. I hope that hon. Members will note that Newcastle has already begun to do so. Early morning restriction orders, as I said, were introduced at the same time and allow councils to prohibit the late-night sale of alcohol. A number of licensing authorities, including West Lancashire and Northampton, are considering such orders for their areas.

The hon. Lady asked me about minimum unit price. She will know that my hon. Friend the Member for Taunton Deane responded to an urgent question in relation to this matter and highlighted that the Government are carefully considering responses to the alcohol strategy consultation. We will publish a response to that in due course, taking into account all the representations.

As well as measures to tackle alcohol harms, the public consultation recognised the contribution that the responsible alcohol trade makes to our economy and society. The Government sought views on ways to cut red tape in licensing for responsible businesses, while not, of course, undermining safeguards against the harms that alcohol can cause. The consultation sought views on a number of areas relating to proposals to cut red tape, including whether to give discretion for licensing authorities to develop their own simplified processes for temporary event notices and reducing the burden of alcohol licensing for certain types of premises that provide minimal alcohol sales as part of a wider service.

It is important, as hon. Members have said, to recognise that the vast majority of our pubs are vital community assets, contributing to the economy and providing local jobs, in many ways at the heart of communities, fostering strong social values and encouraging responsible drinking. The alcohol strategy reflects that. It is also notable that each pub contributes an estimated £100,000 annually to its local community. The Government are helping pubs through a wide range of measures. In the last Budget, we scrapped the beer escalator and cut alcohol duty, resulting in a pint of beer being 4p cheaper than if we had done nothing. We have also extended the business rates holiday for a further year, until the end of March 2014, and got rid of much of the red tape that frustrated landlords and kept them from focusing on what they are best at: running a business and managing drinking in a safe environment. Most recently, on 15 June, we announced that new CCTV guidelines will mean that pub landlords no longer have to pay for intrusive and costly surveillance cameras where they are not needed.

One proposal to cut red tape that the alcohol consultation considered—it has obviously been mentioned in the debate—related to whether to remove the requirement for applicants to place advertisements in local newspapers or circulars when applying for a premises licence, provisional statement or club premises certificate or for a full variation of a premises licence or club premises certificate. Some in the licensed trade found that burdensome and pointed to other mechanisms whereby local people could find out about new licensing applications.

I understand hon. Members’ concerns. Similarly, I understand the specific issues raised by my hon. Friend the Member for Sittingbourne and Sheppey, as well as his motives in calling for the debate. Adverts in local newspapers are one way in which local communities can find out about premises licence applications, and I note the contributions that have been made about the importance of that and the reach it provides.

I should highlight that there is a requirement for applicants to advertise information about a premises licence application by displaying a notice at the premises. That, too, can be a way of alerting a community to the fact that a licence may be being sought in respect of the premises. Alongside that obligation, the Government have added a new requirement, from April last year, for licensing authorities to publish details of such licence applications on their websites. Some licensing authorities have gone further than the strict legal requirements, and they proactively provide e-mail alerts to those interested in licensing applications. The Government’s guidance to licensing authorities encourages them to ensure they comply with legal requirements. We will look to ensure that licensing authorities consistently publish the relevant information. I recognise the points made by my hon. Friend, but it is important to recognise the changing ways in which information is provided and the importance of online platforms in communicating information. We should look at innovative ways of strengthening that further.

The Government’s consultation received a large number of responses from business, the public and local government. A number of arguments have been made for and against the proposal, and the Government are grateful for how the public have engaged and for the information that has been provided, including by those in the newspaper industry and the licensed trade.

The arguments in favour of abolishing the advertising requirements include the burden it places on licensing applicants, who must pay for the cost of the advertisements. However, others have pointed out—this is reflected in the mood of the debate and the comments that have been made—that newspaper adverts provide a valuable source of information for those who might not see notices on premises or licensing authority websites.

Let me be absolutely clear: the Government do not wish to remove the say that local people and communities have in the licensing process. There is an important balance to strike, and we must consider whether there are already adequate ways for people to find out about premises licence applications. We also acknowledge the role newspapers have as a central point for local information. That, and the other points I have mentioned, need to be weighed up by the Government as we consider our response to the alcohol strategy consultation. As I said, we will publish our response in due course.

I am grateful for the contributions that have been made this afternoon, which amplify some of the representations that have been made as part of the consultation. We will reflect further on the clear points that have been made in the debate. We continue to listen to the points that are flagged up. I very much hope that that gives my hon. Friend some reassurance that we take this matter very seriously and that the proposal in the consultation document continues to be given detailed consideration. We will continue to reflect on the proposals, and we will publish our formal response in due course.