Licensing Act 2003 (Permitted Temporary Activities) (Amendment) Order 2026

Lord Hayward Excerpts

Wednesday 28th October 2026 Grand Committee

This is a modest, practical and proportionate reform. It will support responsible businesses and community activity while preserving the protections contained in the Licensing Act 2003. I beg to move.

[Lord Hayward (Con)]

My Lords, I was chief executive of the British Beer and Pub Association when the Licensing Act 2003 was passed. I spent many—I shall not say “happy”—hours debating TENs, and every other aspect of the then Licensing Bill. I should make clear that I have no specific link now with the industry, although obviously I retain many contacts; I am therefore speaking as an individual rather than as somebody with a direct association with the industry.

I agree completely with what the Minister said in his introductory comments. The hospitality industry is facing massive difficulties at the moment for a whole series of reasons, with pubs closing at a depressing rate. In fact, it not only affects pubs but restaurants as well. As the Minister said, when it comes to TENs, we are talking about responsibly run premises and taking a decision in relation to previous experience. I noted that, in the analysis provided, certain sectors had objected —the health authorities, for example—but their comments relate, I am sure, not to this group of businesses because, as the Minister has said quite specifically, the police and other organisations still retain their capacity to object, whether it is to the existing lower level of TENs or the proposed increased level.

In general, it is fair to say that what happens is that pubs or restaurants will chart the events that they will want to celebrate on special occasions. They will look at football World Cups, rugby World Cups and other major events and they will probably reach the limit. Therefore, a degree of flexibility is sensible. I can only imagine, as one is progressing towards the end of the calendar year, that, in light of Fleetwood’s great success last night in beating Arsenal, there may be a number of pubs and restaurants in Fleetwood that happen to be up against their TENs limit and may want to have another celebration this weekend—and many congratulations to Fleetwood.

So, overall, I welcome this proposal, having experienced the detail of the original Licensing Act and, as the Minister suggested, I think it is a sensible change to the current regime.

[Baroness McIntosh of Pickering (Con)]

My Lords, I hope I am allowed to address a few remarks and questions to the Minister from this far away. I very much welcome the order. I was delighted to serve on the committee with my noble friend when we looked at the review of the Licensing Act 2003.

A number of concerns have been raised by the Secondary Legislation Scrutiny Committee, on which I should welcome the opportunity to press the Minister. In particular, is there any reason why the changes have been made at this late stage? Is it just administrative? Obviously, it is good that they going to be in place before matches take place, but it is a source of concern that, with any changes made, there is sufficient consultation with the licensed premises and the police in that regard. Has the Home Office considered whether a minimum notice period for the police might assist their planning and thereby reduce public safety risks? This approach may at the same time also help licensed venues themselves, for example in planning their staffing.

There is nothing too critical in what I am saying on the order, but I would welcome the Minister’s comments in regard to the timing and allowing sufficient preparation for all the parties concerned in the instrument before us.