Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010

Lord Evans of Temple Guiting Excerpts

Tuesday 13th July 2010 Grand Committee

[Baroness Rawlings]

Nevertheless, the extension of the timescales described will leave sufficient safeguards in place to ensure that the public are protected. For example, all the conditions of the licence will continue to apply and the consequence of breach is the same as usual, including a potential six-month sentence on conviction. Any sales of alcohol still have to be supervised by a designated premises supervisor. This individual is required to possess a personal licence and to have undergone a criminal record check. The powers of search and entry, as well as the police and magistrates’ power of closure, continue to apply in respect of any licensed premises. Any interested parties, including residents and responsible authorities, such as the police, can apply to the licensing authority for a review of the licence.

The extension of the police objection period for temporary event notices and IANs enables the user to carry out licensable activities, including sales of alcohol and the provision of regulated entertainment on an occasional basis, without any other authorisation.

The TENs regime is light touch; in particular, only the police may object to a TEN on crime and disorder grounds. On the other hand, various limits apply to TENs to minimise the potential impacts; for example, no more than 499 people can attend the event at the same time and there can be no more than 12 events per year at the same place. Currently, the TEN must be copied to the police at least 10 working days before the event. The police have to have a maximum of 48 hours to issue an objection on crime and disorder grounds. An analogous 48-hour period applies to interim authority notices.

There is evidence to suggest that in some circumstances the current 48-hour objection period does not give the police the time intended and that that may sometimes limit or prevent the police from making a proper assessment of the risk of crime and disorder. An example is where a TEN is delivered to a police station that may be unmanned on a Friday night, so that the TEN is not received by the chief officer of police until the following week, by which time the objection period will have expired. Therefore, the order seeks to extend the 48-hour period to two working days for both TENs and IANs. That small change should make certain that the police always have sufficient time to consider notices properly.

There was almost unanimous approval from those who responded to this part of the consultation for the extension of the police objection period to at least two working days. The consultation document also asked for views on an extension to three working days in the case of TENs. The majority who expressed a preference opposed the further extension to three working days. Therefore, the order before the Committee proposes two working days. Although the police consider this change to be important, we do not consider that the extension would mean a significant net increase in police objections. That is because some police objections that may currently be made on a precautionary basis may not be made if the police have sufficient time to satisfy themselves about concerns. A very small number of respondents were opposed to any extension of the deadline for police objection for either TENs or IANs or both. The main argument was that the current 48-hour period causes no problems. That was contradicted by the overwhelming majority of responses, including all those from police representatives.

The order before the Grand Committee will assist business during difficult periods. It will also assist the police in making assessments of risks of crime and disorder. I commend the order to the Committee.

[Lord Evans of Temple Guiting]

My Lords, I am sure that everyone in the Grand Committee is grateful to the Minister for her full and clear exposition of the order. As she said, this was originally published when Labour was in government and, although not only for that reason, we welcome the order. I have three fairly minor questions for the Minister and I would be grateful if she could let me know what she feels about them. First, we are looking for an assurance on the substantial cuts to police budgets and the coalition’s desire to see freezes to local authority budgets. Will that impact on the police’s ability to object to local authorities to administer interim authority notices? Secondly, in the case of temporary event notices we understand that the change from 48 hours to two working days is proposed because some police stations are not staffed at the weekends. The coalition is proposing substantial cuts to front-line policing. Can the coalition assure us that the police’s ability to object to TENs will not be compromised by cuts to front-line policing? Finally, do the Government have any plans to change the fees for temporary event notices? Those are the only three comments that I wish to make. Again, I thank the Minister for such a clear presentation of the order.