Business and Planning Bill

Lord Bhatia Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 6th July 2020 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, in view of Covid-19, the Government need the powers to allow businesses to open with certain restrictions. These are unusual times. The Government are legislating to open up the economy, with powers to shut down businesses if there is a spike in a particular geographic area or sector of the economy. The Bill will allow many sectors of the economy to open up. We have travelled the ups and downs of the effects of Covid-19 since March 2020. The Government and opposition parties must work together at this time and stop blaming each other.

The Government are establishing a fast-track procedure by which cafes, pubs and restaurants in England may apply for temporary permission from local authorities to put tables and chairs outside their premises. The weather this week is bright and warm. Many millions who have been locked up in their homes will be able to come out with their children to enjoy a pleasant day out in cafes and restaurants. Many noble Lords have rightly questioned whether local authorities will consult local residents before they allow cafes and restaurants to put tables outside their premises. I hope the Government will make the appropriate changes in the Bill.

The Government are providing funding in a variety of ways to support small businesses, particularly in the leisure and hospitality sector. Similar support is also being made available to the construction industry so that more houses can be built and more jobs created. All these measures will put money in the hands of many families, who in turn will spend their wealth, creating jobs and prosperity for everyone.

The Secretary of State rightly said that the Bill would provide an adrenaline boost to sectors of the economy affected by the Covid-19 outbreak. With all these measures, the public must take responsibility and continue to observe social distancing, wear masks and wash their hands with soap. We should not create a position whereby we begin to forget these essential precautions and allow the virus to come back. The virus is still lurking around and is invisible. The Government have the powers to shut down a particular area or town if there is a spike. They have done so in Leicester, and rightly so.

Business and Planning Bill

Lord Bhatia Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

[Lord Sheikh [V]]

My Lords, I was due to speak on Amendment 27, which restricted the times of alcohol sales off the premises, and after the timely intervention of my noble friend Lady Williams the matter was dropped. I therefore support Amendment 44 and agree with restricting off-sales to 11 pm.

Although we are allowing off-sales, they must be controlled to avoid crime, disorder and disruption. I realise that under Section 76 of the Anti-social Behaviour, Crime and Policing Act 2014, the police can issue an immediate closure notice to any premises if there are “reasonable grounds” to believe

“that the use of particular premises has resulted, or … is likely … to result”

in problems of crime, disorder or disruption.

Having said this, we must take into account areas with clusters of licensed premises in certain parts of London and elsewhere. Four local authorities have over 37% of all licensed premises in London, and there are similar situations in other cities and towns. The point to emphasise is that crime, disorder and nuisance cannot be associated with any particular premises, and therefore the powers to issue closure notices would be difficult to exercise in view of the cluster of licensed premises. I am therefore sure that the police and local authorities will welcome the restrictions set out in Amendment 44.

If we do not restrict the hours of alcohol sales, as proposed by Amendment 44, it will allow people who have already had a lot to drink to take alcohol away with them, drink in the streets and cause problems in the neighbourhood at night. It will also enable people to have late parties in their home or garden, causing nuisance and disturbances to their neighbours.

In regard to the amendment tabled by the noble Lord, Lord Paddick, although I supported his similar amendment in Committee, I am unable to support Amendment 40 because I do not see that it will do anything. I cannot see there being a problem.

[Lord Bhatia (Non-Afl) [V]]

My Lords, I support the amendment proposed by the noble Lord, Lord Paddick. It will be dangerous to allow the sale of alcohol in beer glasses, as they could be used as a weapon. The police regularly have to intervene when fights break out once a consumer has drunk a few glasses of beer or spirits. A glass container is a dangerous weapon, often used by those under the influence of alcohol. Innocent people walking near these premises can get hurt and could be hospitalised, thereby putting pressure on the NHS during this difficult time. The amendment would prevent the premises selling to customers in beer glasses. I hope that the proposal of the noble Lord, Lord Paddick, will be carried.

[Baroness Pinnock [V]]

There are two related but separate amendments in this group concerning off-sales. The first, to limit the time for off-sales, was the subject of extensive debate in Committee and a commitment from the Minister to bring forward a government amendment on Report. The government amendments achieve that by limiting to 11 pm the latest time by which off-sales can be made. As this exactly replicates the proposal from these Benches in Committee, obviously we support these amendments and thank the Minister for responding so positively to the arguments made.

The second element is that of off-sales in open containers. My noble friend Lord Paddick has made another powerful case for limiting off-sales to closed containers, be it in cans or bottles. The reason is to prevent unruly scenes that may follow drinking from beer glasses in the street. Broken glass in the hands of those worse for wear is a nasty weapon. The amendment in the name of the noble Lord, Lord Kennedy, seeks to limit such off-sales to non-glass containers, but that misses one of the critical arguments entirely, which is that off-sales in open containers, whether glass or plastic, can lead to anti-social behaviour. There have been plenty of such incidents before sporting events that resulted in drinking limits being made. My noble friend Lord Paddick’s amendment seeks the same protections for local communities and, indeed, other sensible drinkers. We do not wish to see a Bill designed to help businesses becoming one which, as a side-effect, encourages irresponsible and unsafe drinking. My noble friend’s amendment is important for individuals, communities and policing, and it clearly has the full support of these Benches.