Police Reform and Social Responsibility Bill

Lord Stevenson of Balmacara Excerpts

Thursday 16th June 2011 Lords Chamber

[Lord Condon]

My Lords, I support the amendment for the reasons set out so eloquently by the two noble Baronesses who have spoken to it. I realise that it is not a natural fit with the Bill and that it moves it into territory for which it may not have been originally designed. However, it provides the Government with an opportunity to reinforce the condemnation of the proxy purchasing of alcohol by adults for children. At one end of the scale this proxy purchasing can be due to chance and the stupidity of an adult responding to a request from a child or young person to buy the alcohol, but often it is more sinister. Some adults hang around young people and proxy purchasing of alcohol can be the beginning of grooming children and young people to draw them into inappropriate sexual behaviour, drugs misuse or even into membership of gangs on estates. Proxy purchasing by adults is a way of enabling them to talk to the youngsters and draw them into inappropriate behaviour. It is largely the result of stupidity and indifference but can be more sinister. As I say, although the amendment is not a natural fit with the Bill it provides the Government and the Minister with an opportunity to reinforce the message that we condemn this behaviour on the part of adults. I hope that they will find a way to support the aim of the amendment.

[Lord Stevenson of Balmacara]

My Lords, we on this side of the Committee support the amendment in the name of the noble Baronesses, Lady Coussins and Lady Findlay. They have given us a very graphic set of reasons why it would fit well with the intentions of the Bill. We have also heard some very scary statistics. In essence, the amendment would close a loophole. The Government may, on reflection, agree that that is the case. We understand that proxy purchasing is now regarded by the off trade, the on trade and the trading standards groups as the biggest challenge facing alcohol sales. The amendment would also bring the fine into line with the current level imposed for persistently selling alcohol to children, which is why I think that it is a good way of closing the loophole.

However, we are advised that retailers are often frustrated with the lack of action being taken against those who deliberately buy alcohol to be consumed by those who are under age. Therefore, although we support the amendment and hope that the Government will consider it favourably, there needs to be a commitment to place greater emphasis on identifying these people and seeing through the legislative consequences of the amendment, which is that action must be taken. As we have heard from the previous speaker, that is an important aspect of what we are about. However, the amendment justifies itself in its own terms.

[Lord De Mauley]

My Lords, we are legislating in Clause 119 to double the maximum fine available to punish the persistent sale of alcohol to persons under 18 from £10,000 to £20,000. The amendment seeks to go further in doubling the maximum fines available for two other offences in the Licensing Act 2003, from their current level of £5,000 to £10,000. The offences relate to where a person buys or attempts to buy alcohol on behalf of a person under 18, or where a person buys or attempts to buy alcohol for consumption on licensed premises by a person under the age of 18.

At a first glance, we can see merit in the proposed new clause. My noble friend and I are absolutely with the noble Baroness in her strong feelings about the proxy purchase of alcohol for minors, and we take this very seriously. I hope that the noble Baroness will recall how we have responded to related amendments in earlier discussions in Committee. However, it is important to maintain consistency in the sentencing framework.

In addition to the two offences that I mentioned, a number of other offences currently exist for offences in the sale of alcohol to those under 18 or the consumption by those under 18 on licensed premises. They include knowingly allowing consumption of alcohol on licensed premises by an individual under 18. For all these other offences, the penalty is a maximum sentence of £5,000—level 5 on the standard scale in the sentencing framework.

In our view, however, the offence of persistently selling alcohol to children is distinct and distinguishable from the other offences in the Licensing Act and merits separate treatment in the Bill. It is far the more serious offence, not simply a one-off sale to or involving a person under the age of 18. This is reflected in the higher fine that the courts can impose for it. The offence of persistent sales to a person under 18 was created specifically to target irresponsible businesses rather than individual offenders. Indeed, there is an alternative to criminal prosecution for such premises—a punitive period of closure.

The fine for the offence of persistent sales, which stands at £10,000, was always intended to be set above the level 5 fine in the sentencing framework. The fine was high to reflect the seriousness of the offence and to reflect the intention of targeting irresponsible businesses.

In the Government’s view, increasing the maximum fine for the offence of the proxy purchase of alcohol for children, but not for others where individual adults have been responsible for providing or attempting to provide alcohol to children, could blur the existing distinctions in fines under the sentencing framework between offences targeting individuals rather than premises. In summary, we believe that the existing penalty for the proxy purchase of alcohol—a fine not exceeding £5,000—is sufficiently punitive for an offence by an individual. Yes, it is a serious offence, but not one that should be singled out for the provision of a greater fine than those for similar offences in the Licensing Act 2003 relating to the provision of alcohol to minors.

For these reasons, and having thought about it carefully, we believe that the offence of persistent sales of alcohol to children is sufficiently separate and easy to distinguish from the range of other alcohol-related offences in the Licensing Act. We want to send a clear message to irresponsible businesses that the persistent sale of alcohol to children is totally unacceptable. This is why we want to double the fine. All that I have said, however, should not be taken to mean that we will not look at the other alcohol-related criminal offences and consider whether further changes should be made in cases such as those that noble Lords have raised. Indeed, the Government are committed to a full examination of sentencing policy across the board. I can also say that we will look at the points raised by noble Lords in the context of the alcohol strategy that will be published later this year. For the reasons that I have outlined, we ask that the amendment be withdrawn.

--- Later in debate ---

[Lord Brooke of Sutton Mandeville]

My Lords, perhaps I may make a very brief gloss on the speech of my namesake, the noble Lord, Lord Brooke of Alverthorpe. Reflecting back to the debates on the Licensing Bill in 2003, I think it would be fair to say—and I hope that those who were in the Chamber at that time would agree—that the arguments against the then Bill were led very much by those who had a lot of London experience. People who have a lot of London experience endeavour to mobilise opinion through the civic trust across the country, but it took quite a long time for that communication to take place during the passage of the Bill. It would be fair to say that those away from London were disagreeably surprised by some of the consequences of the Bill when they arrived in practice. I cannot sense totally from the speeches of my noble friends Lord Clement-Jones and Lord Astor how far they are centring on London experience in their observations but I think it is necessary to realise that we are dealing with a national issue.

[Lord Stevenson of Balmacara]

My Lords, I confess at the start that I have a bit of sympathy with my noble friend Lord Brooke of Alverthorpe and his feeling that midnight is a good time to draw a curtain across many outside activities. I certainly always try to be in bed at 10 pm, although perhaps that is a baby-boomer problem. I like to sit in bed with a cup of cocoa looking at “News at Ten”, reflecting on the events of the day and preparing well for the events in this House and other places where one has to play one’s part.

However, on reflection, I think that we are hearing too much of a puritan strand here. The amendments raise a number of questions on which we need to think hard about what we should be saying to the country in terms of how we reflect on the relationship between the nanny state and those who have to live here. If there is a change of policy, I think it is probably wrongly focused, and the amendments expose that. It is clear that one has to deal with bad operators—a point made by those who have spoken before—but there is a danger here that, due to the way in which the Bill is currently phrased, it will catch everyone, and that will be bad.

Surely a blanket EMRO running from midnight is not going to be effective. It will severely damage those businesses unfairly caught by the legislation and the consequences could be severe for the night-time economy. I am particularly concerned about small live music venues that operate with a licence past midnight. Capturing them in an EMRO would do enormous harm and could damage the UK’s rich cultural diversity, of which we are so proud. At this time, many small venues are struggling to remain economically viable, and for venues that might get caught in such a blanket provision, this extension comes at a very bad time.

--- Later in debate ---

[Baroness Browning]

I am grateful to the right reverend Prelate. I am, of course, familiar with the work of street pastors who give up their time voluntarily, particularly to ensure that people who have consumed too much alcohol are able to get home safely. I commend their work. As a new Minister with a new responsibility for alcohol and drugs policy in my portfolio, it strikes me that I need to dig deeper than looking at the solutions to late-night drinking and look at the causes of why street pastors and others are now required to carry out this valuable work. It seems that we spend a lot of time talking about the consequences. I hope that in my time as a Minister at the Home Office I can try to dig deeper than that to see whether we can do something. It is a long-time ambition, I know. Nothing will happen overnight to change this culture, as I mentioned in a previous debate on the subject. Far too many people—not just teenagers kicking over the traces—believe that they have not had a good time or a good night out unless they get absolutely paralytic. We must try to address the cause as well as deal with the consequences for the rest of the community.

[Lord Stevenson of Balmacara]

We on this side welcome that statement. Throughout this debate we have been trying to engage with the question that the issues we are addressing in the Bill are but a superficial aspect, important though it may be, relative to the point that she has just made about how the cultural effects are coming forward. Does she intend to take this forward, not in her nanny mode of course—this is much more in her policy advocacy role? Will she take into account the fact that we need to look again and will return later in the Bill to the question of how drugs, alcohol, and tobacco all interact? It is not just an alcohol-only problem.

[Baroness Browning]

I agree with that statement. We need to look at the combination of drink and drugs. Very often the consequences are exacerbated as a result of the combination of those two substances. I am almost beginning to sound in my own head like a nanny. I do not want to sound like that; I was young in the 1960s so I do not want to sound too prissy about all of this. However it is a serious problem and I welcome the opportunity to address it.

Moving on to Amendment 240R and particularly TENs, which hopes to prevent a situation whereby a temporary event has been organised in advance and has to be cancelled because an EMRO has been imposed. I understand those concerns, but I point out that the process of making an EMRO will not take place overnight or without proper consultation. It is also important to remember that EMROs will apply only to a specific area for a set time between midnight and 6 am. Anyone planning a temporary event could therefore choose to hold it in a different part of the local authority area, or restrict their TEN to include the sale of alcohol up to but not after midnight. Therefore, there is flexibility.

--- Later in debate ---

[Baroness Hamwee]

My Lords, this takes us to the clause on fees and non-payment. I shall speak also to Amendments 240XB, 240XC, 240XD, 240XE and 240XG. These amendments are anti central prescription and pro local discretion. In many places, the Bill seems not only very prescriptive but unnecessarily prescriptive. For instance, it mandates the issuing of a receipt in a specific format in a set timescale. Is that really necessary? The word “nanny” was used, and rightly denied, but at this point, it would be an appropriate accusation. Other fee-paying regimes work out how to deal with these peripheral matters. We have a lot of legislation. This alone is a big Bill, but did it need to contain all this? At the most, it could be a matter for guidance, although I do not think that that should be required either. The Government are seeking to reduce regulatory burdens. This seems to be adding to them.

I shall be very brief on the detail of the amendments. Amendment 240Z would take out the provision for written acknowledgement of receipt of the fee—I cannot believe that that will not be done because people paying money require receipts—and the time periods to which I referred. Amendments 240XC and 240XD increase the grace period. Again, is this prescription absolutely necessary? The grace period is 21 days in the Bill, but I have suggested eight weeks. It is fairly obvious that I oppose my noble friend’s amendment in this group, Amendment 240XH. That follows from what I have just said. I support Amendment 241ZB, to which I think the noble Lord, Lord Stevenson, will speak. I am very glad that the Local Government Association spotted what, coming up to Wimbledon, I can perhaps describe as an unforced error in the legislation. I beg to move.

[Lord Stevenson of Balmacara]

My Lords, I welcome what the noble Baroness, Lady Hamwee, said and support her amendments. The provisions in the Bill are very detailed and our amendments, taken together, are an attempt to try to tidy up some of that and to reflect on the regulatory burden that is being imposed.

I shall speak to Amendment 241ZB, which has been mentioned. Someone spotted what appears to be a simple error: at present, it does not look as though the costs incurred by some parts of the licensing system can be recovered, particularly in two-tier areas. As is well known, when a licensing application is made, copies of the licence are sent to those parts of the council classified as responsible authorities under the Licensing Act. In unitary authorities, including London boroughs, metropolitan councils and Welsh councils, all those bodies exist within the same council, which is also the licensing authority. Therefore, the costs would be recoverable under Clause 122 as presently drafted. However, in two-tier areas, the licensing authority sits within the district council, whereas social services and trading standards sit at the county level. As a result, in two-tier areas, the costs incurred by social services and trading standards would not be recoverable should the clause remain unchanged. Our amendment is therefore imperative to ensure that all costs are recoverable, regardless of the local government structure in the area, thus fulfilling the commendable approach which has been taken in the Bill to allow full cost recovery through licence fees.