Business and Planning Bill

Lord Shipley Excerpts

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

[Lord Shipley (LD) [V]]

My Lords, I remind the House that I am a vice-president of the Local Government Association. I welcome the aims of the Bill, because it can help reduce lasting damage to the economy. The Bill is said by the Local Government Association to be a

“positive step in the journey towards economic recovery”

and I concur with its view. The broad aims of the Bill secured all-party support in the House of Commons, although it has been sent to us to examine in detail, which we must now do.

The pandemic has been unequal in its financial impact on households. Some households are in serious financial difficulty; other households with more secure incomes may have been spending less than normal. We need those with cash to spend more of it now to help generate jobs for others. This Bill is one way of encouraging that higher spending, with the obvious further benefit of generating extra tax income for local and national government.

In terms of licensing, no two places are quite the same, so a flexible approach—place by place—will be essential. For that reason, I hope the opportunity will be taken to review very soon the powers of local authorities in licensing and the powers held in Whitehall. This was needed anyway, but the pandemic has revealed anomalies. For example, decisions on the level of fees charged to licensed premises through the late-night levy were made in Whitehall. Pubs were closed for many weeks, but they still had to pay the levy because councils could not change the law. Surely councils should have the power to reduce or waive the levy fees without asking central government.

I said earlier that the Bill commands broad all-party support, and it contains many sensible proposals. That does not mean, however, that we should not scrutinise the detailed provisions of the Bill, and I hope the Minister will accept the need to look for improvements in Committee and later stages. There are a number of issues that I would wish to see probed in Committee next week and no doubt colleagues on our Benches will have others. I think we need to assess whether the costs borne by local authorities are at least neutral. There are issues around the hours of work permitted on construction sites. There are questions around the sale of alcohol in open containers to be consumed on the pavement. There are concerns about the right of pedestrians to walk safely on the pavement, which is a particular concern for those who are visually impaired. There is a need for quarterly reviews of the practical operation of this legislation, with scope for amendment. Perhaps we should consider whether enough will be done to ensure that necessary pre-consultation can take place before a 14-day period is triggered.

Finally, I wonder whether the Minister will confirm that the housing delivery test requirements of local authorities should not apply in view of the lock- down. Will the Government temporarily suspend the presumption in favour of the five-year housing land supply and the housing delivery test? I look forward to hearing the Minister’s reply and to the contributions during this Second Reading.

Business and Planning Bill

Lord Shipley Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020 Lords Chamber

Secondly, mention has been made of empty premises. Very good—but can the Minister confirm that, if tables are put outside empty premises, it must be with the agreement of the owner of the empty premises? In other words, just because a shop is empty does not mean that the shop next door that happens to be selling alcohol or food can therefore just put tables outside it. Will the Minister accept that, if they are to be put outside an empty premises, the application has to be accompanied by an agreement from the owner or lessee of the premises to have the tables put outside? I look forward to the Minister’s reply.

[Lord Shipley (LD) [V]]

My Lords, I remind the House that I am a vice-president of the Local Government Association. My name is attached to Amendment 25. The noble Lord, Lord Holmes of Richmond, reminded us of the importance and the meaning of the words “guidance”, “may” and “consider”, while my noble friend Lady Thomas of Winchester reminded us that guidance can be unenforceable and that we need something much more explicit when we reach Report. I agree with them both.

The issue is the safety of pedestrians in two respects: the physical safety of pedestrians to prevent them risking an accident to themselves and the safety of pedestrians against the potential transmission of coronavirus by enabling two pedestrians to pass each other at least one metre distant. So will the Government review the Bill before Report to ensure that the powers really exist for local authorities to maintain public safety on pavements?

[Lord Sheikh [V]]

My Lords, I support Amendment 25 relating to the two requirements that have been stated. I reiterate what I said when I spoke on Amendment 11: I support the Bill, which will trigger the revitalisation of our businesses and help the well-being of the people. However, it is necessary for us to implement the changes with caution. My concern is safety of passage and accessibility by blind and disabled persons. In addition, of course, all pedestrians must be able to pass without hindrance where there is a gathering of customers outside a restaurant or pub.

Blind persons have felt less independent since the lockdown rules were implemented and, if there is an increase in street furniture, blind and partially sighted people may be forced to walk in the road, change their route, avoid travelling independently or even stay at home. Street furniture will present additional challenges and should be marked off with an accessible barrier. The idea of marking off the areas will ensure accessibility. Furthermore, if the appropriate distances are maintained, it will help pedestrians to walk without difficulty and prevent the spread of the virus. Adequate spacing will also enable disabled persons to go through without much difficulty.

As a Muslim, my other concern is the passage of Muslim ladies who may be subjected to harassment, particularly if they are wearing a hijab, niqab or burka. Most hate-crime incidents happen in the street and if the accessibility and passage of these ladies are blocked or hindered in any way, my concern is that they may be picked on by customers, especially if they have had a lot to drink. I have been informed by Fiyaz Mughal and Iman Atta of Tell MAMA that, since the lockdown was eased, there has been a spike in the number of cases where Muslim women have been abused and spat at in the street. In fact, I have been told by Tell MAMA that there has been a threefold increase in hate crimes against Muslims, and some of the incidents are unfortunately nasty and aggressive. I hope that the Minister will agree to Amendment 25.

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[Lord Blunkett (Lab)]

My Lords, I touched on this very briefly in the limited time available at Second Reading, so I will not keep the House long tonight, but I will try to put this into some sort of perspective. I cannot for the life of me see what this has to do with recovery and regeneration. I do not get at all what this proposal is supposed to achieve. I get what it will do. I understand entirely, as all those who spoke this evening and at Second Reading did, that whatever the cut-off time for every outlet to be an off-licence—I welcome the proposal of restricting it to 11 pm—the drinking will continue afterwards with drink that has been purchased and therefore is to be consumed. No one should get the idea that this will be fine after 11 pm, because it will not be. That is why, if I was in favour of the measure at all, I would err on the side of the noble Lord, Lord Cormack.

I rest my principal case on the speech made by the noble Lord, Lord Paddick, at the beginning of this brief debate. Frankly, until the December general election the police did not at all have the capacity to deal with this. They are still trying to recruit. Local authorities’ environmental health functions have been totally decimated over the past 10 years because of the deep cuts and austerity measures, which local authorities have suffered from most. But there is also the absurdity of not leaving this to local discretion, where people know exactly what would and would not work, even if this measure had any justification in terms of deregulation on the grounds of stimulus and recovery.

Are we really saying that, to provide local stimulus and recovery and to help those in the sector who have been devastated, people should have the ability to buy from any licensed outlet, treat it as an off-licence and go on drinking? I am the first to enjoy a drink, but I know from bitter experience, including having been a local authority leader for seven years, just what devastation this can cause. It is not possible for it to be policed, in the widest sense, and age authentication will be more difficult.

However, I rest my case on a very simple fact. When we are faced, as we are now, with withdrawing from the third-largest trading bloc in the world, about to accelerate a trade and economic war against the second-largest trading bloc in the world, and at the mercy, for the time being, of the President of the United States and his attitudes as the leading trade bloc in the world, is deregulating off-licence drinking late into the night anything whatever to do with the recovery of our economy?

[Lord Shipley [V]]

My Lords, I want to speak to Amendment 45. I referred to the same issues raised by this amendment on the late night levy at Second Reading. On 8 June, I noticed an article in my local newspaper, the Journal, headed: “Campaigners Say Levy Should Be Cut To Save Pubs”. It said that fee levels, having been set by the Government, could be changed only by the Government and that the council was having to seek their permission. It was pointed out by CAMRA, the Campaign for Real Ale, that even though pubs registered to trade after midnight in Newcastle had been closed for 10 weeks, they were still being charged the late-night levy. The council claimed it had no power to change that situation but had asked the Government for additional powers to reduce or waive the fees. In Newcastle, some 240 premises pay the levy, which helps to fund extra policing, street cleaning, taxi marshals and the Street Pastors; I should declare that I am patron of Newcastle Street Pastors. There needs to be local flexibility. I hope that the Minister will look very carefully at this issue and recognise that fee-setting should be a devolved area of policy.

I suspect the problem may have arisen unintentionally at the time that the Bill was passed. This is not about the level of alcohol consumption, nor about how alcohol is served. It is about a charge being levied for a service that is not being provided. Maybe there has been some movement on this matter between government and local authorities. There are three principles at stake: we need clarity on the level of fees levied when pubs are required to close, and the rules for remission of those fees ought to be clear to them; we need clarity on the powers that local authorities have, and will have, on this levy; and we need a full review of licensing legislation to re-examine which powers should be held centrally and which locally. I hope very much that the Minister will understand this problem and will agree with my suggestions.

[Lord Balfe [V]]

My Lords, I welcomed the Minister’s statement at the beginning. I am glad that she made it then; it has saved a lot of argument, has it not? I have two major points. The first follows up on the point made by the noble Baroness, Lady Stowell. In Cambridge, where I live and from where I cite things, the local authority has multiple problems with alcohol. One of the ways it has tackled this is that there has been a tendency in the case of stores near the centre of town—in other words, those situated on the way in to the clubs where drinking takes place—to say that they can sell alcohol on an off-licence basis only until 10 rather than 11 pm. Although the store can stay open until 11 pm, the alcohol licence permits it to sell only until 10. Can the Minister tell us whether this power will remain with a local authority so that, in certain areas and in certain circumstances, the alcohol licence has to cease before 11 pm, with the decision made obviously on a case-by-case basis?

My second point is in support of the amendments about open containers and beer glasses, which really are—or can be—pretty lethal weapons. I hope that the Minister will agree either to accept the principles of these amendments or to bring forward a government amendment. The potential for open containers or beer glasses to cause damage is, I am afraid, quite considerable; there is a very strong case for saying that closed containers should be used for the sale of alcohol. I invite the Minister to say either that she will accept an amendment at the next stage, or that the Government will bring forward an amendment to cover these points.

Business and Planning Bill

Lord Shipley Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Lord Shipley (LD) [V]]

My Lords, my name is attached to Amendments 52, 54 and 79. The noble Baroness, Lady McIntosh of Pickering, has made an excellent case for Amendment 52. I also fully support the amendment in the name of the noble Lord, Lord Randall of Uxbridge. These amendments are all broadly similar. It is important that no applications are permitted for changes to existing conditions if they are there to reduce, remove or limit environmental impacts. Existing conditions are in place as a consequence of detailed planning consideration at an earlier date. Such restrictions, agreed or imposed then, should not be affected by this legislation and I seek the Minister’s confirmation that my fears that they could be are completely unfounded. Amendments 52 and 56 would solve the problem and I hope that the Minister feels able to accept them.

Amendment 54, in my name and that of my noble friend Lady Pinnock, is about fees charged by local authorities. It proposes a fee for extended construction hours, up to a maximum of £195, which is a reasonable figure to write into the Bill. The principle is that councils should be able to recover their costs. It does not need to be about profit, but it must ensure that the direct costs of processing, assessing and agreeing an application are achieved. Neither does it need to be about full cost recovery, if that includes councils’ general overheads. The principle of recovery of direct costs for an application is a reasonable conclusion to reach.

Amendment 79, proposed by the noble Baroness, Lady McIntosh, would ensure that any further regulations made by the Secretary of State would require scrutiny through the affirmative procedure. That is the right approach and I fully support it.

[Lord Kennedy of Southwark]

My Lords, I thank the Minister for his announcement of the concession that the Government will bring forward an amendment to address the issues which I raised on Amendment 73. We had a very productive meeting with the noble Baroness, Lady Penn, and the noble Earl, Lord Howe. We made some points, the Government listened and I am very grateful.

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[Lord Shipley [V]]

My Lords, I support the noble Lord, Lord Kennedy of Southwark. I spoke about this issue at Second Reading and said that there was a need for quarterly reviews of the practical operation of this legislation, with scope for amending it if there were unforeseen or unintended consequences. The Minister said that he did not wish to “compromise the stability” that the Government sought and wanted to avoid “an unpredictable cliff edge” for those implementing the legislation who might find it difficult if the law changed constantly.

I understand that perspective. Of course, the solution is to proof this legislation properly: first, against mistakes, and secondly, by providing a means of putting right any unforeseen consequences of the Bill. I venture to suggest that there will be some unintended consequences; the question is how they will be put right. How will mistakes be corrected during the operation of this Bill, and would not the simplest means be to do what the noble Lord, Lord Kennedy of Southwark, suggests?

[The Deputy Chairman of Committees]

We do not seem to have the noble Baroness, Lady Uddin, so I call the noble Baroness, Lady Pinnock.

Business and Planning Bill

Lord Shipley Excerpts

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

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Hendy, in supporting the amendment put forward by the noble Lord, Lord Hain. This is not only a very sensible and modest amendment; it will provide a new framework for co-operation between businesses and employees, as the noble Lord said. Why not allow employees to have a say over the implementation of pavement licences, as they will be directly impacted upon and charged with the responsibility of ensuring that—shall we say—the letter and spirit of the law is adhered to?

Employees have discharged many responsibilities during the whole Covid pandemic. However, there is absolutely no doubt—and there is evidence-based research to prove—that when employees, employers and businesses co-operate, it boosts performance, production and profitability, lifts living standards and enhances job prospects. We can look to Germany and the role of work councils, which we talked about last week when considering a similar amendment in Committee.

I have no hesitation in supporting this amendment in my name and those of the noble Lords, Lord Hain, Lord Hendy and Lord Monks. I commend it to your Lordships’ House and ask the Minister to give dutiful consideration to accepting it.

[Lord Shipley (LD) [V]]

My Lords, now that we have reached Report stage, I remind the House that I am a vice-president of the Local Government Association. I shall be brief. My name is attached to Amendment 20, which is part of a group concerned with safety and accessibility for all who use the pavement. At previous stages of the Bill, I have emphasised the need to set clear and enforceable rules on the use of pavements—and I prefer conditions to guidance.

The Government’s changes may well be a step forward, as the noble Lord, Lord Holmes of Richmond, has explained, but improvements could still be made. Amendment 20 would help to achieve these, and I hope that the Minister will explain how the Government’s approach will deliver the degree of certainty we are looking for to enable our pavements to be accessible for all.

[Lord Monks (Lab) [V]]

My Lords, I will speak in support of Amendment 4. As my noble friend Lord Hain said, the Bill misses an opportunity to engage trade unions fully in the measures it proposes, specifically on the issue of pavement licences. In his excellent new biography of Ernest Bevin, which I commend to the House, my noble friend Lord Adonis quotes from a letter from Bevin to the boss of ICI during the Second World War. In it, he proposes a round table for every workplace and says:

“Present methods tend to emphasise the apparent conflicting interests, whereas, if we could get round the table and get that idea suggested, we should get more emphasis on community of interest engaged together on a common task.”


Ironically, this message was better received in west Germany than it was by employers in the UK and other places. Germany’s impressive results are well known to Members of this House.

This amendment covers one small area, but it also looks to pave the way to a round-table approach from now on in the much-changed environment in many workplaces. Working from home, social distancing, protective clothing, and new hygiene standards are now features of work for many. For them to be successful, they need consent, support and active encouragement from all concerned. The noble Lord, Lord Blencathra, referred to the teachers’ unions. Our message about round tables and partnership is aimed at everybody, including employers, trade unions and other organisations, including local authorities. What has been happening in Leicester? The workshops there show a serious failure in that city—although not just there—to engage workers properly on health and safety and, no doubt, other matters too.

The Chancellor said recently that the Government would look after employers who looked after their workers, but we need more than paternalism. We need a sense that we are all in this together and breeding an idea of partnership. As my noble friends have said, that sense of common endeavour was a key feature of Roosevelt’s New Deal, which the Prime Minister has been extolling. Roosevelt promoted trade union collective bargaining as part of his job creation programmes and the PM’s admiration for the New Deal should not blind him to the fact that it is not an a la carte menu from which you can pick different bits. It is a package, of which trade unions are an essential ingredient. What was good enough for the USA, and is good enough for Germany today, is surely good for the UK. I hope that the Government will recognise the strength of this case, do the right thing, and support Amendment 4.

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[Lord Shipley [V]]

My Lords, I will speak to Amendment 40 and support the case for it made so clearly by my noble friend Lord Paddick. I have had two concerns about off-sales during the passage of this Bill: first, off-sales being permitted after 11 pm and, secondly, the use in off-sales at any time of open glass or other containers that could easily be used to cause injury to another person.

The Government have agreed to restrict off-sales to before 11 pm and that is right, but the issue of the containers allowed for off-sales has not been agreed. My noble friend Lord Paddick has made a very persuasive case about the unintended consequences of the Government’s position. The Government so far seem to have failed to put forward a logical case that would prevent an unnecessary extension to street drinking. My noble friend Lord Paddick’s amendment has the advantage of allowing the use of appropriate containers for off-sales but reducing the risk of injury through the use of open glass or other potentially dangerous containers. I think all parts of the House could agree on that compromise. The Government have got themselves into a very difficult position and my noble friend Lord Paddick has proposed a way out of it.

[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.

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[Lord Shipley [V]]

My Lords, I shall speak briefly to Amendment 56. I spoke in Committee on the need to avoid any unintended consequences of extending construction hours. There will be cases where an extension is entirely justified, and we should support that. But it is reasonable to expect that an impact assessment from the applicant with a description of how any adverse impact can be mitigated is provided. Secondly, an assessment of any impact on the environment and how that can be mitigated should be produced. Thirdly, there could be an explanation of any mitigation that would be put in place to minimise disturbance, particularly where a construction site is close to houses and other local buildings. To be clear, these need not be complex requirements and they should in practice speed up the process if that process is followed effectively. That would help the planning authority.

As the noble Lord, Lord Balfe, said, we do not want to undo the good that has been achieved by the planning system. Where there have been agreed planning permissions and where restrictions have been put in place, those restrictions and conditions will have been justified and should not be undone.

[Lord Kennedy of Southwark]

My Lords, when I first spoke this evening, I should have mentioned that I am a vice-president of the Local Government Association, so I mention it now for the record. I will be very brief. If the amendments of the noble Lord, Lord Lansley, are successful, I will be the first to congratulate him.

In respect of meetings of mayoral development corporations, I am pleased that the Government listened to the points that I and other noble Lords made, and I thank them. I have only one question: can the Minister confirm that, when we agree the government amendments tonight, they will come into effect on Royal Assent and the required regulations will be laid quickly so that we do not have to wait for weeks and weeks before they can take effect? With that, I am happy to give way to the Minister.