Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021

Lord Shipley Excerpts

Thursday 8th July 2021 Grand Committee

[Lord Shipley (LD) [V]]

My Lords, I remind the Committee that I am a vice-president of the Local Government Association. I want to thank the Minister for his introduction to this statutory instrument. It is right to extend the pavement licensing system for a further year. We have learned a lot from it in the past year, which can help to inform future policy. The public have become used to the system and in the main appreciate it.

In our debate on this topic a year ago, of which mention has been made, I recall speaking about access issues and related matters, some of which seem to have been resolved and others not so effectively.

I recall also saying that sometimes I preferred conditions to be imposed by Governments rather than guidance when change is needed. One such matter may prove to be that raised by the noble Lord, Lord Faulkner of Worcester, and a number of other speakers, whose concerns I want to support. Smoke-free pavements are in the public interest, and I believe that the vast majority of the public do not want to sit on a seat in an extended restaurant or pub while suffering the disbenefits of second-hand smoke. I found the arguments of the noble Lord, Lord Faulkner, compelling and I hope we will hear more about them next week.

We have had a year’s experience of the regulation. We know that businesses have been helped and that people have had the benefit of more outdoor seating. It has added to a sense of community and neighbourliness in our towns and cities. There has been one other benefit that I have become aware of: it has reduced pollution, because extending pavement seating has encouraged some councils to move traffic further away through traffic calming measures. I welcome that.

A year ago, I recall the Minister, the noble Earl, Lord Howe, reminding us of the existing powers of councils on access, smoking and a range of other issues. Indeed, it is always better for councils to take responsibility locally rather than to expect the Government to decide everything for them. Sometimes, however, the Government have to take action and responsibility, and preventing second-hand smoke seems to be one of those occasions.

I want to make a suggestion to the Minister. His department has a year’s experience now. I hope that it is not planning to roll over these regulations for a third time in September 2022. Rather, we should build on current knowledge with a reformed but permanent pavement licensing system that builds on the achievements of the past year and addresses the problems that have arisen. There are permanent solutions that can be found but to achieve them means bringing together all the relevant parties to devise an agreed way forward on the pavement licensing system. That includes a solution to all the problems that have been identified by speakers today.