Southend Hospital

Roberta Blackman-Woods Excerpts

Wednesday 5th December 2018 Westminster Hall

[Shabana Mahmood]

I am grateful to my hon. Friend the Member for Manchester, Gorton (Afzal Khan) for his intervention. I know that a lot of work has been done in Manchester. I will come on to some of the public health issues. He is right to raise public health concerns. There are, of course, public health duties on local authorities, and the public health risks relating to shisha are not well understood and publicised. He is absolutely right that much more awareness is needed. I congratulate Manchester for the good work it has done in this area.

The common life of those residents and the community they created, which they love and have thrived in for all these years, was being ruined. Some of those stalwart residents—the absolute backbone of the community—told me that they wanted to leave and were desperate to move out. In fact, they most wanted my help with council housing transfers. I thought that was one of the saddest things, because those people are the lifeblood of the area. If they move out, we will lose something much more profound in the community. It was all because they simply could not tolerate the daily misery they were facing because of the shisha venue.

As people became more vocal with their complaints—I took up the issues and worked with the council and the police, who were doing their best to manage the fallout from the venue opening near my residents, and there was more media coverage in the Birmingham Post and the Birmingham Mail—residents became worried about reprisals from patrons of the venue. Suddenly, it became much more of a hot topic. Things then took a more serious and frightening turn, because gun violence and other serious crime was taking place. People were up in arms but also terrified. I was shocked that almost overnight a community could be ruined by a shisha place opening.

As the local Member of Parliament, I initially treated this as a policing matter. It is interesting that other parliamentarians and council leaders have tended to raise it with Home Office Ministers as a policing issue. I, too, talked to the police. We thought about having more policing patrols and possible interventions, but eventually I had to conclude that the law itself makes things complicated in this area. My thought was, “Just take away the shisha licence,” because that is the business model on which the premises are based—take it away and they will not have a business and will soon move on—but of course there is no licence for shisha.

In the case of Arabian Nites, it took a couple of serious incidents involving gun discharges—one discharge ricocheted and hit a passer-by—before the police could apply for a closure order under antisocial behaviour rules. Such closure orders are temporary and the one for Arabian Nites was for only three months. The venue has not reopened, but it is free to do so once it has met the new conditions.

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

My hon. Friend is making a powerful speech. Does she agree that under the Licensing Act 2003 it should not be so difficult to get premises closed down for antisocial behaviour and other breaches of the legislation?

[Shabana Mahmood]

My hon. Friend, the shadow Minister, is absolutely right: the process is too difficult and onerous. I have a copy of the documentation put together at huge cost in time and resource by the police in support of the application for a closure order. It is more than 100 pages long—I was trying to print it before coming to the Chamber so that I could show it to everyone, but my printer broke—given the amount of work and number of witness statements required of police officers.

In the first case against Arabian Nites, the police did not get the closure order and had to apply a second time. Meanwhile, my residents who live with that place directly opposite their homes are terrified of gun violence, of stepping outside late at night and even of taking their kids to the school around the corner. The regime is too onerous, and to rely simply on existing police powers is not good enough. I have nothing but praise, by the way, for the way in which the police have tried to engage with the issue. They have done their best with the avenues open to them.

In Birmingham, a total of three such establishments have been subject to closure orders. All three happen to be in my constituency: Arabian Nites, which I have mentioned; Cloud Nine, which was closed after the suspected sale of laughing gas to children as young as nine, and following breaches of fire safety and venue capacity limits; and the Emperors Lounge, which was closed after a murder was linked to the premises, but which has since reopened after a three-month closure order.

As the law stands, shisha smoking is subject to the ban on smoking in public places, alongside all other smoking in the UK—it is subject to the same rules. Shisha is a tobacco product, so it is subject to the same rules that apply to regular tobacco, in particular the ban on sales to those under 18. When it comes to licensing legislation, however, the Licensing Act covers only the sale of alcohol and certain forms of regulated entertainment. Shisha bars or lounges do not require a licence under regulation unless they sell alcohol or have other regulated entertainment under the 2003 Act.

Some establishments sell alcohol. Arabian Nites was selling alcohol, which was one of the bases on which the police and the council were eventually able to take action, but Cloud Nine and the Emperors Lounge did not have licences for the sale of alcohol, instead falling within the other regulated activities under the Licensing Act. No single agency or piece of statutory legislation regulates shisha activities. If serious incidents occur—shootings or serious violence such as I have had in my constituency—the police may apply for the powers available to them under antisocial behaviour rules, such as a three-month closure order, as we have seen in Birmingham. However, that process takes a lot of time and effort.

Furthermore, many premises will fight their corner with what is available to them through the legal system. It is fair to say, too, that many will do whatever they can to frustrate the legal process, keeping the thing running for as long as possible in order to beat everyone down and evade the enforcement action being sought.

--- Later in debate ---

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Main. I thank my hon. Friend the Member for Birmingham, Ladywood (Shabana Mahmood) for securing the debate. She has done the House a real service because a lot of us, even though we know something about licensing, were unaware of the issue. I hope that when we hear from the Minister we will be able to chart a way forward. From the briefing that my hon. Friend kindly sent to us all, I was struck by how big the issue is, and is becoming more so, particularly in our urban areas. The figures she provided on the growth of shisha premises were stark: from three in Birmingham in 2007 to 28 in 2018, with more planned. The issue is obviously growing and needs to be addressed.

From listening to my hon. Friend’s speech and looking at the issue, I thought there were perhaps two separate issues that we need to address. The first is the appropriateness and effectiveness of the Licensing Act 2003, and then there is getting licensing legislation that is specific to shisha lounges. I want to look at the first issue for a moment, because I managed to read the 100 pages of documentation online about the Arabian Nites shisha lounge. I saw for myself how difficult it was for authorities in Birmingham, including the police, to get it shut down, even when there were major firearms offences, and that was really worrying. Presumably the lounge had a licence to sell alcohol and for late-night music that was covered under the 2003 Act, but lots of probably criminal activities went on. We might associate some of the antisocial behaviour recorded at the club with a nightclub that had got out of control. There were fire safety concerns, smoking indoors, antisocial behaviour, noise, litter, non-payment of tobacco duty and underage sales, as well as other non-compliant activities.

Interestingly, the Minister raised a point about not putting local businesses out of business. Of course, none of us would want to do that if they are properly managed, are compliant with legislation, are not causing a public nuisance and are not a hazard to public safety. The one voice that we have not heard enough of in this debate, except for what my hon. Friend said, is the voice of the local community, who find the Licensing Act very hard to challenge. The police had to go through a difficult court case. It took days and days to gather evidence to get the premises that had breached so many laws closed down. It is not clear yet whether the premises cannot simply open again under another owner, which I know has happened in several areas. So the first issue that I wish to put on the Minister’s agenda—I will come back to it in a minute or two—is the appropriateness and effectiveness of the Licensing Act.

The second issue, and the major substance of my hon. Friend’s concerns, is that there is no specific licensing scheme that applies to shisha lounges, especially the ones—most of them—that do not serve alcohol. Where licensing seems to fit, as she rightly pointed out, is through what I think could be an addition to the Local Government (Miscellaneous Provisions) Act 1982 by simply adding a new schedule to the Act that would cover shisha lounges. The purpose of the Act is to enable local authorities to regulate certain types of activity in their areas. The schedules currently cover sex establishments, street traders, refreshment premises, tattoo parlours, ear piercers and so on. I had a look at Birmingham City Council’s website and Durham Council’s website to see exactly what the system entails. Generally speaking, it is straightforward and the website is clear about what people have to do. I looked at tattooing and Durham’s website clearly states:

“Applicants will need to ensure that their procedures, equipment and facilities comply with local bylaws—are safe, hygienic, prevent the spread of disease, and comply with the duty of care required by the Health and Safety at Work etc Act 1974.”

Also, they are inspected to ensure that they are fire- safety compliant. So we have a useful piece of legislation and it would not take the Minster or his team a great deal of effort to introduce an amendment to the Act and simply add a new schedule. What is interesting and relevant about schedules is the fact that they are specific to the type of activity being regulated. I hope the Minster will think about that.

It seems to me that, specifically with regard to shisha lounges, hygiene standards could be raised and safeguarding work could be done. There are sanctions for non-compliance and there is clarity on ownership and management. That can be a real problem not only with shisha lounges, but with nightclubs and activities that fall under the 2003 Act. Clear sanctions can be highlighted for a breach of tobacco control regulations and public health legislation, and I hope that the Minister will consider that.

I have a couple of additional points to raise, in relation to the planning regime. We need to think about how planning could be used for better regulation, particularly with respect to the number of shisha establishments in an area—because they do not get planning permission as shisha establishments. Generally, they get it as a restaurant or café, and the shisha activity is an add-on. That creates an issue for the planning system, and we may need to consider a use class that will specifically address shisha lounges. There is also an issue with regard to arguing that there is a cumulative impact from establishments in an area. Usually, cumulative impact applies to premises that fall under the Licensing Act 2003 rather than those covered by the 1982 Act. Building regulations are also relevant—in particular, the enforcement of regulations on fire safety and controlling the numbers attending premises. Because of cuts, many local authorities find it difficult to employ enforcement officers.

Obviously we need to address the issues to do with shisha lounges. My hon. Friend the Member for Birmingham, Ladywood is right: an amendment to the 1982 Act would do it. However, we need an overall review of the Licensing Act 2003, to test whether it is still fit for purpose. The experience of many Members of Parliament is that residents find it too difficult under the 2003 Act to get premises closed, to stop proliferation of premises, and to stop premises’ opening times getting later—or earlier in the morning. I am not quite sure which way round to put that. There is a good opportunity for the Minister to put his stamp on some new and, hopefully, effective legislation.

--- Later in debate ---

[Jake Berry]

I am not sure I accept that if a premises does not sell alcohol nothing can be done, and I referred earlier to a plethora of powers that are available to the multi-agencies, particularly local authorities. I accept that this is a new issue, and I applaud the collaborative work being undertaken by local authorities, because it is worth them exploring what they can do. The real challenge, however, is enforcement. The hon. Member for City of Durham mentioned the inability of council officers to go around with clipboards enforcing the rules, and the hon. Member for Birmingham, Ladywood identified the issue of protractible roofs, which are rolled open in mid-summer when environmental health officers visit, but closed as soon as they have left. There are certainly challenges regarding the enforcement of existing powers, which is something we should address.

[Dr Blackman-Woods]

I mentioned the need for enforcement after breaches of the Licensing Act 2003 and the 1982 Act, but no one should think that I believe enforcement to be the answer—I do not. I think that there is a gap in the legislation, and Opposition Members understand clearly how to address it.

[Jake Berry]

Again—hon. Members are being helpful to me today—that brings me to my next point. We have been considering whether a local or national response is best, and if at the end of that evidence trail a national response is appropriate, my mind is not closed to that. As I said, however, there is no silver bullet, and some issues that have arisen are serious criminal offences that would not be covered by any licence—illegally held firearms are not subject to a licensing regime, so we must be careful to have a good look at that issue.

That brings me to my offer to the hon. Member for Birmingham, Ladywood, because her idea about a roundtable is extremely good. I happily invite her to come and meet me and officials, together with council officers who have real expertise in this area, and we as a Department should start that dialogue about how we can help and what would be an appropriate national response, if indeed one is required. The bar for closing someone’s business should be quite high, as should the bar for a national response when many powers already rest with local authorities. I have not closed my mind to the fact that there should perhaps be a national response, but a lot of work must take place before we get there. I hope that is helpful.

The hon. Lady spoke about shisha bars being an add-on to many cafés and restaurants, and that is something we have identified. In my high street, the local coffee shop is also a bookshop—I am rather keen on books, so I go there quite a lot. In the evening it is also a yoga studio, but I am not quite as keen on yoga and cannot admit to having done it. The multi-use of retail premises was one thing identified by our future high street forum, and particularly the work of Sir John Timpson, who advises the Government on future high street policy. We are lucky that he is doing that as he is one of Britain’s most experienced and longest serving retailers.

As an acknowledgment of the challenges posed by a relatively static use class order system that dates from the 1980s, on the same day as the most recent Budget we launched a consultation on the future of that system on the high street, although not more widely for industrial units. That consultation remains open, and I recommend that the hon. Lady, her council and the hon. Member for City of Durham take part. Again, we have approached this in a very open way, and in the first potential major refresh of use class orders since the mid-1980s, it is important to ensure that the static system becomes more mobile and reflects changes such as the arrival of shisha bars on our high street.

Finally, the prevalence and growth of shisha bars is the sort of thing we try to encourage for our future high street forum, as long as they are legal, well run and do not impede unnecessarily on local residents. The future of the high street must be about a mix of leisure and retail, and all recent reports—including by Sir John Timpson on the Government’s future high street forum, and the Grimsey review—identify that if high streets are not just to survive but to thrive, they must incorporate the night-time economy.

We must get the regulation right and be satisfied that existing laws are enforced well, and if we decide that new regulation is required, we should consider that. A thriving night-time economy is key to the future of our high streets. Indeed, that point is not just for today, because in the most recent Budget my right hon. Friend the Chancellor identified a £600 million-plus fund for the future high street. We have the future high street forum, and I will conclude my remarks by again thanking Sir John Timpson for his extraordinary work on high streets, which will benefit the entire United Kingdom.