Licensing in Durham

Nick Hurd Excerpts

Wednesday 15th May 2019 Westminster Hall

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

It is a great pleasure to serve under your chairmanship again, Sir Christopher.

I congratulate the hon. Member for City of Durham (Dr Blackman-Woods) on securing this debate. In a previous life, I had the pleasure of being shadowed by her, and I know her to be a person of great integrity who is enormously proud of the City of Durham. If, as she has said, she has worked on this issue as a constituency MP for 10 years, that is because there is clearly an issue in the city. I am sure that she speaks for many of its residents in expressing concern about the impact of the licensing regime on that beautiful place.

The hon. Lady noted, as I do, that in February 2018 the city suffered the tragic death of Olivia Burt, who died outside a club in terrible circumstances, which are the subject of an investigation at the moment. I acknowledge that and place on the record our sympathy with her family and friends following that terrible event.

The hon. Lady is probing the application of the Licensing Act 2003. Given her experience, she knows as well as I do that the system we have set up means that decisions on local licensing policy and how the law is enforced are, quite rightly, matters for local authorities and the police. It does not take too much to read between the lines of her speech and realise that, frankly, her main beef is with Durham County Council rather than with the law as it stands and the actions of the Government.

[Dr Blackman-Woods]

I am grateful to the Minister for giving way. At the end of my speech, I should perhaps have made it clear that one of my big asks is for us to try to understand how we can get Durham County Council to change its licensing policy massively during the course of the current review.

[Mr Hurd]

I think that was clear. I am sure that that message will get through loud and clear to the hon. Lady’s constituents, to residents and to the council through the attention that this debate will generate in her local area. The bottom line of her argument is that the current licensing policy does not comply with licensing objectives; she went through those objectives and made that argument. She also referred to other areas. She mentioned Newcastle, Cambridge, Chester and Lambeth, here in London, which are delivering, in her view, a better policy for their residents.

All that confirms my premise: that the problem in this case is not necessarily the law but the application of it. The central issue is the statement of licensing policy, which is now under consultation and review, as is required every five years. This is the moment for changing the policy and the statement, if they need to be changed, so I quite understand why the hon. Lady has brought this matter to the House.

The statement of licensing policy, which all areas are required to have, is a way to ensure that licensing authorities clearly set out their approach. If that requirement is not met, the five-year review gives a wide number of interested parties the opportunity to engage in the process of addressing shortcomings in the policy and contributing to the development of a stronger approach. I have referred to the recent consultation by Durham on its licensing policy, which I believe has now closed. Clearly, this is the opportunity to address some of the issues that have been raised today. As I have said, I am sure that the council will be aware of this debate and will listen to the hon. Lady closely.

The hon. Lady eloquently expressed some of the concerns that exist, not only among residents but in the local chamber of commerce, about the impact on the city centre. Of course she will also be aware that the night-time economy is real, valuable and important for the UK economy, although it is clearly in everyone’s interests for the industry to continue to promote responsible drinking and to educate its customers about the risks of alcohol abuse. The licensing system needs to try to strike the right balance between supporting a vibrant night-time economy and protecting the rights of residents and people’s quality of life in some of our city centres.

In relation to the Licensing Act 2003, the Government believe that measures to manage the sale and supply of alcohol, supported by strong local governance and accountability, strike the right balance. We do not see any argument for revisiting the Act, and I am not sure that is what the hon. Lady was arguing for. That Act, which is supported by detailed statutory guidance, is clear that the four licensing objectives that she went through must inform all decisions made by the licensing authority. As I said, the measures in place allow the development of vibrant night-time economies while ensuring that licensees give proper consideration to licensing objectives on the prevention of crime and disorder, the prevention of public nuisance, public safety, and the protection of children.

The 2003 Act is clear; we believe it has improved day-to-day co-ordination and co-operation within the various regulatory agencies, and between the regulators and the licensed trade. We believe that its key principles and objectives have endured, as its application in practice has proved capable of evolving and adapting to balance divergent interests. The House of Lords Select Committee that scrutinised the Act and heard evidence about it said that where the Act works, it works very well, so we believe that the measures we have in place can be effective when used appropriately. However, it is the contention of the hon. Lady that Durham County Council is not applying the Act in an appropriate way. As I said, the review and consultation on the statement of licensing policy is the key opportunity to change that.

[Dr Blackman-Woods]

In general, I am saying that the licensing policy of the county council needs to be massively changed, but there are two areas in which I thought the Minister might be able to help. The first is better guidance on how to ensure local people know about licensing issues and are involved with them, and the second is temporary event notices, which—as other Members have also said to me—seem to have got rather out of control.

[Mr Hurd]

I will certainly try to address both issues for the hon. Lady.

Late-night opening raises issues, tensions, and competing and sometimes conflicting interests between those who are out for a good time and those who want some peace. The Act abolished set licensing hours, so opening hours are now set locally. When late opening by particular premises leads to problems of crime, disorder or public nuisance, it is open to a responsible authority such as the police, the environmental health services, or any member of the public to seek a review of the premises’ licence. At review, the licensing committee may decide to amend that premises’ opening hours or to require other measures, such as door supervisors taking greater responsibility for the swift and peaceful dispersal of customers. For what it is worth, I remember visiting Newcastle last summer and going around the town centre with the police. The system that I viewed appeared to work extremely well in terms of co-ordination between the police and licensed bodies, all in the name of having a vibrant night-time economy while also protecting the interests of residents.

The hon. Lady asked me about temporary event notices, commonly known as TENs, which are intended to be a light-touch process. They allow licensable activities such as the sale of alcohol or regulated entertainment that are not authorised by a premises licence to be carried out. Licensed premises typically give a TEN to extend their hours on the occasion of an event of sporting or national significance, or when hosting a family celebration. It is worth noting that TENs are also valued by community groups, as one may be issued to allow, for example, the sale of alcohol at a fête taking place on unlicensed premises.

The Government are keen to remove unnecessary licensing burdens on businesses and other premises, to encourage economic activity and community vitality. Changes introduced by the Deregulation Act 2015 increased the number of TENs that can be held each year from 12 to 15, to give greater flexibility. In 2017, the House of Lords Select Committee on the Licensing Act recommended the introduction of a system for notifying local councillors and residents about TENs. In response, we have amended our statutory guidance to ask licensing authorities to consider making their register available online, or simply to provide details of TENs received on their website.

I do not think the hon. Member for City of Durham mentioned cumulative impact assessments, but they may be relevant in the context of this debate. A CIA may be considered in areas where there is evidence to show that the number or density of licensed premises is having a cumulative impact, leading to problems that are undermining the licensing objectives. In publishing a CIA, a licensing authority is setting down a strong statement of intent about its approach to considering applications for the grant or variation of premises licences in a specified area. The CIA does not, however, change the fundamental way in which licensing decisions are made. It is therefore open to the licensing authority to grant an application when it considers it appropriate, and when the applicant can demonstrate through its operating schedule that it would not be adding to the cumulative impact. However, CIAs are tools that are available.

The hon. Lady pressed me on the issue of public engagement with the licensing system, and I absolutely understand that point. The Government wish to encourage greater community involvement in licensing decisions. It is, of course, important that local residents are given the opportunity to have their say regarding licensing decisions that may affect them. In order to have their say, they need to be aware, which is why applications for a premises licence must be advertised in the local newspaper and on a notice outside the premises for 28 days. As I have already mentioned, many local authorities also post details of applications and notices on their websites.

From time to time, there have been calls for licensing authorities to be obliged to notify all residents within a certain radius when an application for a premises licence is made. It is our view that the present arrangements are sufficient, and that such a requirement would be both costly and unnecessary. The licensing authorities are, however, required to publish a statement of licensing policy every five years. As we have discussed, that seems to be at the heart of this debate; that is the major opportunity to change policy and change how the law is enacted in Durham.

I should point out to the hon. Lady that as part of our work as a Government, we have run two phases of what is called the local alcohol action areas programme; its second phase closed in January. That programme engaged directly with 32 local areas and provided support to implement plans to tackle alcohol-related issues. It appears to have been well received, and we are considering how we can build on that foundation for the third phase of the programme. It is quite possible that Durham could offer some valuable insight in those discussions, because one of the items we are considering is how licensing works in practice, and we will be looking to engage with a number of areas. Durham may be highly relevant in that third phase.

I spoke earlier about the Licensing Act achieving the right balance between the benefits of employment, profits for business and enjoyment for the public provided by a thriving night-time economy, and the need for licensed premises to operate responsibly to ensure public safety and avoid public nuisance. The Government believe that the Act strikes the right balance. When there are problems in the night-time economy relating to late-night opening or the number or density of premises, which I think is the hon. Lady’s point, the Act provides measures that can be used to tackle them.

To come back to my central point, the actions of the county council seem to be at the heart of this debate about the appropriateness of licensing policy in Durham. Those actions are embodied in the statement of licensing policy, which is up for its five-year review. That consultation, and the county council’s response to it, seem to be the key. By securing this debate, and by presenting her argument so eloquently, forcefully and passionately, I am sure that the hon. Lady has ensured that her message—which I know represents the views of many residents in Durham—will be heard loud and clear by the local authority.

Question put and agreed to.