Nightclub Safety

Jess Phillips Excerpts

Monday 8th November 2021 Westminster Hall

[Jess Phillips (Birmingham, Yardley) (Lab)]

Thank you, Mr Gray. I apologise to all assembled. I tried to leave the Chamber but was called as I was leaving—I was assured by Mr Speaker that he wanted me to speak. I have read the remarks made by my hon. Friend the Member for Gower (Tonia Antoniazzi) and am forever grateful to her for making them. She is a brilliant advocate of women’s rights, and it is no surprise to hear her speaking up with the petitioners in this instance.

It is also no surprise to me to see the number of Members who represent university towns, and the clear level of concern across the country about this particular issue. I do not know what the explanation is, and I very much doubt that the Minister knows what the explanation is, for this sudden moment in which the issue is reaching the headlines. It seems unusual that this situation is occurring, apart from the fact that it is not in any way unusual that women in our country have to run the gauntlet, whether at home, at work, going on a night out, walking to get anywhere, going on a bus, or—in some terrible cases—when approaching those agencies that are meant to be there to protect them.

I am afraid to say that spiking is by no means a new thing. In 2019, a BBC investigation uncovered 2,600 reports of drink spiking to police in England and Wales over the previous four years, and everybody will know that that is only a tiny fraction of what actually happened. Who knows? Every woman I know has been on a night out with a group of their friends and one of them is suddenly uncontrollable, or their legs suddenly go away from them and they are much drunker than they should be. That is not an unusual circumstance. The trouble is that when it is violence against women and girls, it does not matter that there were already 2,600 reports in 2019; we never seem to be able to quite reach a big enough number for things to actually get done.

I regularly stand in front of the House of Commons and say these things. The Office for National Statistics told us this week that reported rape had gone up by 8%, so it is now 62,000, 1.6 million women are victims of domestic abuse and, only two years ago, as I say, there were 2,600 reports of drink spiking. With this new phenomenon, this new issue, it is the introduction of the use of a needle that is frightening. The hon. Member for Wycombe (Mr Baker) quite rightly pointed out that such an action needs to carry a more severe punishment. To me, carrying into a nightclub a drug to put into somebody’s drink, or for injection—it seems harrowing, to inject somebody—is like carrying a knife, a weapon. In fact, it is not like it—it is carrying a weapon. The only aim is to harm.

[Jeff Smith (Manchester, Withington) (Lab)]

My hon. Friend is absolutely right, and she is also right that we do not really know what is going on. I wonder whether there is a kind of dual phenomenon, whereby we have a very well-known and long-standing problem with drink spiking, which seems even to be increasing, putting vulnerable women, mainly, at risk, but I wonder whether there is something else going on, which is people being stabbed by a sharp implement—a needle-stick injury—for reasons or motivation unknown, and that becoming a copycat thing around the country. It could be that those two phenomena are going on at the same time.

The reason I raise this point—

[Jeff Smith]

My hon. Friend is right. Both these things are problems, which is why it is really important that the call from the Night Time Industries Association for an inquiry into this situation, to get to the bottom of it, should be heeded.

[Jess Phillips]

I agree, although I have to say that even that kind of spiking is not necessarily a new phenomenon. I am a little old for nightclubs now—actually, I am not—but I remember there being a similar phenomenon. The Minister, whose constituency is a near neighbour of mine—at certain points she has been a nearer neighbour as a representative in Birmingham—will remember that there was a story about a particular nightclub in Birmingham. It is no longer there, so I can name it and not bring it into any disrepute—it was called The Dome. There were all these stories about pinpricks, and I am talking 20 years ago.

I do not know whether this new form of spiking is a new phenomenon, but the thing is that we do not know. What women know, and what my hon. Friend the Member for Gower and the petition are suggesting, is that they are seeking some level of security so that they can go into a place and feel safe. We can never stop all harm; we cannot. However, I really hope to hear from the Minister some tangible asks and action about how we will make sure people can feel safe.

[Wera Hobhouse]

Does the hon. Member feel, as I do, that there might be a fatality at some point? Then we would think, why do we always wait until something really dreadful happens before we take action?

[Jess Phillips]

Every single constituency Member of Parliament who has ever tried to get any sort of road safety measure in and has been told that they have to wait until somebody dies on that street hears the call of the hon. Member for Bath. I am afraid to say that a woman is murdered every three days in the UK by violence against women and girls; if that was happening at football matches in our country, football matches would be banned. The reality is that even if somebody does die in these circumstances, I do not think that will be what suddenly changes things. I want to hear from the Minister what exactly the Government will do to make it so that women can feel safe, and that perpetrators are the ones who are scared?

[Rachael Maskell]

The reality is that this is all about an assault against a woman, and somebody invading her space. That is the issue that needs to be addressed. We know there is massive underreporting of violence against women; whatever the statistics are, the reality is probably far greater. It is about bringing about action now, whether there is one case or several thousand cases.

--- Later in debate ---

[Jess Phillips]

The underreporting of this, and of all violence against women and girls, is well charted. We estimate that, at best, we are hearing about 20% of it. It used to be that only 8%—or even 4%—of people had come forward about rape. At the very best we are only seeing 20% of the problem, and 80% is missing from our eyes. With nightclubs, what worries me even further is that young women especially, and I remember this because I was one, will not speak up because of fear for their liberty—by which I mean the fear that their moms and dads will not let them go out again. When bad things happen when they are young, girls keep those secrets close because they are worried about their freedom.

In nightclubs, whether we like it or not, there will be people who take recreational drugs. That is just the world that we live in. The idea that people will not want to come forward because they are frightened, because they have been taking recreational drugs, is something that we have to deal with. We do not want to deal only with perfect victims. We must never fall foul, as so many of us have over many years, of only seeing victims who have a halo that allows us to see their abuses and not others.

[Lilian Greenwood]

My hon. Friend is making a very powerful speech, as she always does on this subject. Does she share my concern that one reason why women may not come forward, and why we do not have evidence about whether there is a link between these sharp-object incidents and toxicology, is because when women do seek help in instances of spiking they are sometimes not believed, dismissed as being drunk and, I am told, they are not seen quickly when they attend A&E? Does she agree that this response is discouraging women from coming forward and preventing us from getting the evidence that we need to better understand this latest problem?

[Jess Phillips]

My hon. Friend is absolutely right, and our hon. Friend the Member for Warwick and Leamington (Matt Western) pointed out very clearly that one of his constituents had that exact experience. My hon. Friend the Member for Gower talked about good services and best practice in Devon and Cornwall; some best practice in hospitals in Manchester was also highlighted by hon. Members. But that simply cannot be the case everywhere. As with all violence against women and girls, those presenting at A&E will be made to feel brilliant in some places—amazing and believed, and there will be specialist workers there—and in other places that will absolutely not be the case. But the single most important thing that the Government have to tackle is not how victims interact with the system. We have spent so many years trying to improve the experience of people who end up in this situation, which is noble—I will not stop trying to do that, and I am sure nobody else in the House will either. However, the fundamental point is that we have to end the perpetration. We have to make perpetrators feel as frightened of being caught with this type of thing in a nightclub as being caught with a knife. A rape victim once said to me, “If I had a stab wound, I wouldn’t have to prove that I’d been stabbed—everybody would be able to see that—but because I’ve been raped, I have to prove it. I have to prove it to you.”

We have heard many brilliant examples from Swansea and elsewhere of women speaking up with one voice. I have spoken to women about the issue, such as a local councillor in Oxfordshire who has been dealing with around 20 cases. She is working with 25 young student freshers who have been spiked in recent months, who were all deeply reluctant to report it to the police, saying that they did not want the hassle or were worried they would not be taken seriously. Statistics are starting to flood in from big and small organisations, and I am sure we can all see it on Instagram. I came across a Birmingham women’s safety initiative group that had done a survey of 100 Birmingham respondents, and more than 95% said they felt unsafe in their local area.

As always, I stand with each and every one of these women. There are things we can do now and I would like to hear what the Government will do to make sure that they happen. Venues must be clearly led to do far more robust security and search protocols, improve training for staff and have high-quality and well-positioned CCTV. The Minister might know that I am not always a fan of the sticking plaster of CCTV, because I would like someone to be stopped from hurting me, rather than it being possible to find my body. However, I have seen CCTV work well in clubs when something is found which shows that women were not drunk or stupid or lying or attention seeking.

I have a slight concern about searches in nightclubs, relating to the protocols for testing and securing staff who work on the doors of nightclubs. There has been a series of newspaper articles in recent weeks about the vetting of people who work on the doors of our nightclubs. There is a live debate among Members of Parliament about having our own security and how we vet the people doing that. I am afraid to say that, in lots of circumstances, journalists found what a lack of vetting had not: door staff who had been convicted of sexual assaults. I have to say, remembering what it was like to be searched going in and out of clubs, that it can often feel like a sexual assault to lots of women. We need to make sure that there are women on hand to ensure that those searches are done properly and appropriately. I certainly would only ever want to be searched by a woman.

It is very important that we do not treat this as just another issue where not much can be done. The Government need to start telling us exactly how they are going to deal with perpetrators of violence against women and girls. They are currently resisting, stating for the Police, Crime, Sentencing and Courts Bill that they will make it a serious crime, and that local authority areas have to—not can choose to, if they like, which is the sort of standing we give violence against women and girls—have a violence against women and girls prevention plan, as they would for crimes such as county lines. They have to have a public health approach to that locally. In this instance, the Government could be working with licensing; it would be incredibly helpful to have a protective duty.

I would hope to see the Government committing, finally, to make violence against women and girls a serious crime with a serious crime prevention duty. Mainly, I hope that they will take the advice of Her Majesty’s inspectorate of constabulary and fire and rescue services. The former Prime Minister, the right hon. Member for Maidenhead (Mrs May), did lots of good work in this area, but the inspectorate’s very long name is not something I will ever thank her for. It is a ridiculously long name. Her Majesty’s inspectorate has clearly set out a timeline and a timeframe for exactly how police forces could be working to tackle perpetration and build up trust in victims to come forward. The Government are, for some reason, still resisting saying how they are going to do this.

I will sit down now so that the Minister can speak, but I want to finish by saying that my parliamentary assistant, as I was preparing for the debate, told me this morning that at the weekend her and her mates had had to compare the features of their new safety keyrings, which included whistles, seatbelt cutters and rape alarms, just so that they could go on a night out. It is no longer on the young people and women in this country to make themselves feel safer. It is on the Government now.

--- Later in debate ---

[Rachel Maclean]

I am coming to that, and I very much hope to satisfy the hon. Lady. It is important that I make it clear that premises such as nightclubs have a responsibility, which I will set out, if she will bear with me.

Premises that have a high volume of customers are required to assess what steps they think are needed for the venue, but we are not solely reliant on venues taking action themselves. The law already allows relevant conditions to be imposed. The Licensing Act 2003, which governs the control and issuance of licences to sell alcohol, allows local licensing authorities to take a tailored approach to granting premises licences in order to uphold the four licensing objectives. The most relevant is of course the objective to prevent crime and disorder. It is important to state that the Act applies only to premises in England and Wales, as licensing is devolved in Scotland. I note that the petitioner is from Scotland, so I definitely encourage her to have similar conversations with her local authorities. I very much hope that they will consider those issues.

In order to reduce crime, licensing authorities can impose conditions on any business that wants to sell alcohol, which can include requiring the presence of suitably trained and accredited door staff or CCTV. A licensing authority can also require a licence holder to introduce entry searches as a condition of a premises licence.

We have a rich and diverse night-time economy across the country, catering to many different communities: big cities with a large student population—many Members have referred to their local universities—towns with a high proportion of families and holiday visitors, and rural areas with local pubs. We have venues and villages, and everything in between. It is a fundamental and important premise that, with very few exceptions, decisions on which licences to grant, and on how premises should be managed, take into account local issues, demographics and circumstances. There is no one-size-fits-all approach to licensed premises. We do not wish to see mandated national conditions, which could be disproportionate and burdensome to some venues. Even among nightclubs, there is a huge diversity of premises, so what is required for one will not work for another.

[Jess Phillips]

Will the Minister give way?

[Rachel Maclean]

I will allow the hon. Lady to intervene, but I also need to allow some time for the hon. Member for Gower to sum up.

[Jess Phillips]

How many licensing committees does the Minister think have their eye on violence against women and girls across the country and will be paying attention to this issue?

[Rachel Maclean]

I can assure the hon. Lady that we insist on it and require them to do so, and it is part of their statutory duty. They are of course accountable to their populations, and they are staffed by locally and demographically accountable members of their council.

I want to make the House aware that the police already have considerable powers to take action where they think there is a problem. They can call for a review of a premises licence and work with the management and licensing authority. Local mechanisms can introduce searches where they are needed more quickly than waiting for a national mandate to be brought into effect. Licensing laws allow longer-term measures as well, to improve management of the night-time economy. For example, the night-time levy, with which some Members may be familiar, enables local authorities to collect a financial contribution from businesses. Some of the initiatives are really helpful and have been used to fund additional police officers, community protection officers and local projects, such as club hosts and taxi marshals, all of which can help keep people safe.

The Act also allows the licensing authority to carry out a cumulative impact assessment, to help it to limit the number of types of licence applications granted in areas where there is no evidence to show that the number or density of licensed premises in the area is having a cumulative impact and leading to problems that could undermine the licensing objectives.

As I have said, the night-time economy is varied and diverse, and covers many types of areas. Alongside the specific measures I have outlined, there are other things that local areas can and should be doing. I have been impressed by some of the initiatives I have seen around the country. Some areas have introduced safe spaces, where a combination of medical assistance, supervised recovery and other support services are provided to intoxicated, injured or vulnerable individuals.

In another area, I saw a scheme where door staff convert into street marshals at the end of the night, across the whole city centre. I pay tribute to other organisations, such as Street Pastors, who provide invaluable assistance. Members have highlighted good work going on in their local forces and in some of their local universities. In addition, initiatives such as Ask for Angela, X Marks the Spot, Safe Havens and Good Night Out provide opportunities, help and support to everyone who is concerned for their safety.

Many Members talked about the wider and broader issues of violence against women and girls, which I come to now. We published our new cross-Government tackling violence against women and girls strategy this summer, to help to ensure that women and girls are safe everywhere. I fully agree with all the comments that have been made by hon. Members that this is not about blaming women, or requesting or expecting women to change their behaviour. It is about tackling the root cause of the violence.

I recognise what my hon. Friend the Member for Wycombe said about this not being about all men perpetrating these crimes, but about recognising that in the majority of the spiking incidents the victims that we know about are young women. It is at the forefront of the Government’s mind and our priority is to tackle the perpetrators and prevent this from happening.

On the specific work we have already funded, we are delivering a pilot £5 million safety of women at night fund, focused on preventing violence against women and girls in public spaces at night, particularly in the night-time economy. That is in addition to the £25 million safer streets fund, which focuses on improving public safety, with an emphasis on the safety of women and girls, and their feelings of safety in public spaces.

The hon. Member for Birmingham, Yardley referred to doorkeepers and their qualifications, which is an important issue. I have met the Security Industry Authority and I assure her that it is cognisant of the issue. It is working to ensure that qualifications for door supervisors and security guards include specific content relating to violence against women and girls. It is now working at pace to remind the industry and those operatives of their role and responsibility to keep people safe, with a focus on women’s safety. In our violence against women and girls strategy, we have committed to further work to see what more we can do to strengthen those safeguards.

I want to conclude my remarks and allow time for the hon. Member for Gower to respond. Violence against women and girls is abhorrent. As I have set out, the Government are taking wide-ranging action to prevent these crimes, support victims and pursue perpetrators. I congratulate the hon. Member for Gower on her speech. I fully agree that some of the issues that she highlighted around our sexist and victim-blaming culture are wrong and need to stop. We in the Government are completely behind that. The measures that I have set out, and more, are the measures that we will be using to bear down on this abhorrent behaviour. We are putting the full force of the Government behind tackling the issue, because we want women and girls to feel safe when they are going out at night.