draft Licensing Act 2003 (Her majesty The Queen's Birthday Licensing Hours) order 2016

Lyn Brown Excerpts

Thursday 28th April 2016 General Committees

[Lyn Brown (West Ham) (Lab)]

I thank the Minister for explaining the purpose and intent of the order, which we support. The order will permit licensed premises to open for two additional hours, beginning at 11 pm, on 10 and 11 June. As we have already heard, that is the weekend of the Queen’s official birthday; I am sure that some public events are already being planned to celebrate the joyous occasion. This order would allow premises to stay open later without having to give a temporary event notice. We agree with the Government that it would not be appropriate to relax licensing hours for the sale of alcohol off licensed premises; I am sure that anybody who wishes to celebrate at home will buy alcohol in advance during normal trading hours.

Section 172 of the Licensing Act 2003 gives the Secretary of State the power to make a licensing hours order. As we have heard, that power has previously been used to extend licensing hours for the royal wedding, the diamond jubilee and the World cup. I am sure we all recall those occasions fondly and agree that, ignoring England’s performance in the football, they were a great success. What more significant an occasion is there than the birthday of our longest-reigning monarch? We saw only last week how keen people are to mark the occasion: even POTUS flew in to celebrate with the Queen on her actual birthday.

The consultation on the order sought a wide range of views. The Government consulted the Welsh Government; the national police lead on alcohol; the police and crime commissioners’ lead on alcohol; the Local Government Association; the Institute of Licensing; the National Organisation of Residents’ Associations; the British Beer and Pub Association; and the Association of Multiple Licensed Retailers. All of the respondents, with the exception of the Association of Police and Crime Commissioners, agreed that the plans should go ahead.

The Association of PCCs had concerns that the order would be disruptive and pose an increased risk of alcohol-related disorder. The concerns are indeed serious, especially as both Wales and England will play football matches on 11 June, which could lead to all-day drinking. However, I have been reassured that there is no evidence that there was serious disruption or disorder during the previous periods covered by licensing hour orders.

The near unanimous support for the order is in stark contrast to the consultation of 2011—the first time the power was used—when there was widespread concern about an increase in crime and disorder. The enthusiasm shown this time round is a testament to the success of previous licensing hours orders and to the magnitude of the occasion that we are about to celebrate.

I note that the last time the power was used for the 2014 World cup in Brazil, the impact assessment that was produced stated:

“While England are certain to be playing in the matches in the first period, there is a high probability that they will not be playing in the later matches.”

Sadly, the Government’s impact assessment was all too accurate. Reading it drew my attention to the fact that no impact assessment has been prepared this time round, so may I gently ask the Minister why?

I was encouraged to read in the explanatory memorandum that the order saves businesses the £21 fee for getting a temporary event notice. It is estimated that the pub industry will make a cumulative saving of between £240,000 and £480,000. I hope that the forecasts are as accurate this time as they were about England’s chances in the World cup.

This information on the benefits of the order is most welcome. However, the explanatory memorandum is a little thin on the ground when it comes to the costs of the order. The memorandum states:

“The impact on the public sector may comprise additional policing costs. However, the operational response will vary from force to force and within force, depending on the perception of likely crime and disorder associated with late night opening. The Government would expect forces to meet these costs from within their existing budgets.”

As the order has now been used on two separate royal occasions, I wonder whether the memorandum could have been slightly more helpful. The Government seem to be able to forecast the potential savings for businesses based on previous celebrations, but fail to do the same for the costs for the police. I say gently that providing that extra information might have eased the concerns that the PCCs expressed during the consultation.

We support the order. The Queen’s 90th birthday is a moment of national significance and celebration. Keeping the pubs open for an extra couple of hours will make the party all the more enjoyable, I am sure. I look forward to passing a similar order when England win Euro 2016 but, hopefully, that will come with a proper assessment of the costs and an improved explanatory memorandum.