Licensing Act 2003 (Her Majesty The Queen’s Birthday Licensing Hours) Order 2016

Lord Redesdale Excerpts

Thursday 5th May 2016 Lords Chamber

I hope that our support of the order will not result in a less than full response being given by the Government to the points I have raised. Of course, we are all looking forward to Her Majesty the Queen’s 90th birthday and we all hope that the order will contribute in a responsible way to Her Majesty’s birthday being appropriately marked by national celebration.

[Lord Redesdale (LD)]

My Lords, I must declare an interest in that I own a pub: the Redesdale Arms, on the A68 in Northumberland. It is a particularly fine establishment that serves excellent beer and wine. We will obviously be opening late on the Queen’s Birthday, and I do not see that event being the subject of a massive punch-up. I cannot see it being anything other than a quiet or celebratory event.

I find it interesting that the question of extra resources has been raised. I was on the Front Bench during the passage of the 2003 Act, which the then Labour Government introduced to extend licensing hours and liberalise the licensing regime. It seems to go against that now to say that extra costs will be involved. We on this Bench support this order. However, I think that the 2003 Act was extremely regulatory in nature. The whole area of event notices has introduced enormous extra costs, with many live music venues shutting down as a result.

We had one victory during the passage of the 2003 Act. I had tabled four amendments against the Government to ensure that unamplified live music should not have to be licensed, as I thought that such activity was a human right. The Government responded by saying that morris dancing would be exempt from the legislation. That was obviously a massive step forward and I thanked the Government for it—in fact, 600 morris dancers danced in Trafalgar Square that November in celebration of it. We support the order, but I wonder whether it is not time to review the provisions of the 2003 Act, not to increase regulation but to try to decrease its burden on publicans, especially in the area of live music.

[Lord Keen of Elie]

My Lords, I noticed the anxiety of the noble Lord, Lord Rosser, not to appear as a killjoy, albeit his attempts were somewhat tempered by subsequent observations. I am sure that, like those in another place, we will all welcome the opportunity to celebrate Her Majesty’s 90th birthday in June of this year and the proposals put forward in this order.

Perhaps I may address the points raised by the noble Lord, Lord Rosser, in this context. It will be noted, as the noble Lord did note, that there was a consultation on this matter. The Government’s intention was that that should be a proportionate consultation. It included the national policing lead for alcohol, who came out in favour of the proposal for the extension of licensing hours. It was therefore necessary to balance the views of all the parties that we had consulted. The purpose of having a consultation is to get diverse views and to balance them before arriving at an informed conclusion. That is precisely what the Government did in this case.

There was no question of swatting aside observations. There was no question of abruptly dismissing the representations made by any party that responded to the consultation. An informed decision was made in the light of the responses to the consultation. In that context, regard was had to past experience, which is a guide in these circumstances. Past experience indicated that there was no general extent of disorder greater than that found where such an extension had not been granted. That was based on our experience on the two or three previous occasions where such an order had been granted.

The noble Lord, Lord Rosser, asked whether we had actively sought representations about previous reports of problems. We actively engaged in a consultation process with parties which would have been informed of these matters and would have brought them to our attention had they thought it appropriate. I emphasise again that those parties included the national policing lead for alcohol. So, in that context, it did not appear that there would be, or had been in the past, a major impact from such an extension of licensing hours that would require material increases in the police response to it. It is in this context that we say that while there may be some additional policing costs, there is no evidence of any material increase in costs that would impact upon existing police budgets. In these circumstances, we consider that the approach taken was entirely appropriate.

I am not in a position to give figures for the number of premises that will respond to the opportunity to open, because it will be a matter for each individual set of premises to decide whether or not it is going to take advantage of this in order to allow its local community to engage in a responsible social and celebratory occasion in respect of Her Majesty’s birthday. Some may not, but nevertheless it is appropriate that the opportunity should be given to all.

In these circumstances, I suggest that there is no need to carry out any further impact assessment. On that final point, I note that on the occasion of the Diamond Jubilee, the assessment was that there would be a saving to business of between £240,000 and £480,000 as a result of parties not having to pay the fee for a temporary event notice. In addition to that, there is the burden on local licensing authorities of having to process each and every one of those individual applications.

With respect to the matter raised by the noble Lord, Lord Redesdale, the Government are committed to reducing burdens on business wherever possible, as has been shown in the legislation we have taken forward in the Government. However, there are no present plans to review the 2003 Act.