Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021

Baroness Williams of Trafford Excerpts

Monday 6th September 2021 Grand Committee

Moved by

[Baroness Williams of Trafford]

That the Grand Committee do consider the Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021.

Relevant document: 5th Report from the Secondary Legislation Scrutiny Committee.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, these regulations contain modest measures to help to support the hospitality industry’s recovery from the economic impact of closures and restrictions on its operation during the Covid-19 pandemic. The measures will help hospitality businesses to recoup some of the revenue they have lost since March of last year. They will also allow greater flexibility in the way in which licensed premises operate if circumstances change.

Data from trade organisations and other sources show significant financial losses for the hospitality industry as a consequence of the pandemic. Curren Goodden Associates, a data and research company, reports that around 6,000 licensed premises closed in 2020 across Britain. The British Beer and Pub Association has estimated a year-on-year decrease in beer sales of £7.8 billion in 2020. Office for National Statistics data up to the end of May this year showed that payments to suppliers from food and drink businesses remained at around half their pre-pandemic levels.

The statutory instrument contains three measures to help. The first will extend provisions in the Business and Planning Act 2020 to allow for a further year, until 30 September next year, sales of alcohol for consumption off the premises to licensed premises that did not have that permission. This will allow up to 38,000 licensed premises that did not have permission to make off-sales when the Act commenced last year to continue selling alcohol for consumption outdoors, to take away or for home delivery.

The second measure amends the limits prescribed in Section 107 of the Licensing Act 2003 to increase the allowance for temporary event notices that a premises user can give in respect of a premises from 15 to 20 and increases the maximum number of days on which temporary events may be held at such premises from 21 to 26, in each of the calendar years 2022 and 2023. The increase in premises allowances of temporary event notices will enable unlicensed premises to host more revenue-generating events, such as wedding receptions and markets where alcohol is sold, as well as enabling licensed premises to extend hours by way of a temporary event notice to accommodate celebratory occasions.

Finally, the statutory instrument amends existing regulations, the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005, to make consequential amendments to the relevant forms for temporary event notices and counter-notices. All businesses should still comply with the latest government guidance on working safely during the pandemic.

I reassure the Committee that, before this order was laid, Home Office officials consulted the National Police Chiefs’ Council about the effects that the temporary off-sales permission has had thus far. The view of the police then was that it had not caused any increase in crime and disorder.

Alongside the extension of the temporary off-sales permission, the statutory instrument will extend an expedited review process which allows responsible authorities to quickly alter the licensing conditions granted to premises or to remove the permission for sales of alcohol for consumption off the premises. I know that noble Lords will appreciate the impact which the pandemic has had on the hospitality industry, and I hope that the Committee will support these measures to aid its recovery. I commend this order to the House. I beg to move.

[Lord Jones (Lab)]

I thank the Minister for her cogent introduction to the regulations and for the copious, detailed, helpful Home Office Explanatory Memorandum. I am sure that all of us seek progress for these regulations. It is so good to see my noble friend Lord Coaker in his Front-Bench seat. I recollect his determination, diligence and command of subject in another place. Can the Minister throw any further light on how previous provisions for Covid have fared in Wales? Was there easy acceptance or did her department detect some resistance? How did her department liaise with and consult the Senedd in Cardiff? Speedily, was it? Or was it dilatory? What form did the consultation take? Was it ministerially, face to face? I think not, from paragraph 10 of the Explanatory Memorandum. Was it official to official? Again, paragraph 10 is specific. Why was it not ministerially face to face? Were there problems? Surely the Minister will surely dispel those considerations. Has the department made any assessment of the differences in the reception of and obedience to the previous post-Covid provisions? What was the link between her department and the department of health? How were these links between departments managed?

Finally, the Committee may know that many decades ago there was a referendum in Wales to determine Sunday opening for public houses. Nonconformist opinion rallied negative forces. The referendum was lost and many remained thirsty on Sundays. I hasten to say that Wales is not a land of hypocrisy and whitewash, but in those days in much of Wales every Sunday there was a procession of buses carrying thirsty Welshwomen and Welshmen to borderland English pubs. Several decades later the second referendum was positive, possibly because the chapels were emptying. I remind the Committee that the great Welshman and Prime Minister Lloyd George enacted legislation that impinged strongly on pub opening times, but the World War I war effort was judged to be the better for it.

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I conclude by saying that the Government are right to look to extend the SI. It seems a reasonable and very sensible thing to do, as it has clearly made a difference—but it would also be helpful for the Minister to tell us, if not now then at some point in future, what benefits there have been of the existing legislation that have caused the Government to decide that extending it is worth doing. I look forward to the Minister’s response.

[Baroness Williams of Trafford (Con)]

I thank noble Lords who have made points during this debate. The noble Lord, Lord Coaker, follows in a fine tradition from the noble Lord, Lord Rosser, who always ends his speeches with about 20 questions. He has not disappointed there—and I look forward to further discussions of this nature.

On the first points made by the noble Lord, Lord Jones, he is absolutely right to raise the matter of Wales. The measures cover England and Wales. The department spoke to Wales very early on, although that has not happened recently with the Department of Health and Social Care—but we have regular catch-ups with that department. He asked about Minister-to-Minister engagement, and I do not have an answer on that, but I know that we speak regularly with the devolved authorities and they have been satisfied with the approach that we have taken. I hope that is sufficient for the noble Lord, Lord Jones.

The noble Lord, Lord Coaker, talked about the additional workloads on local authorities. Absolutely, they do have them—and were this to be on a permanent basis it would require a change in legislation. Of course, because of the very temporary nature of it, that sort of impact has not had to be substantially considered.

On public toilets, I spent my life in local government talking about public toilets. It is something that really interests the public. I am not sure that there has been a decline in the number of public toilets over the past couple of years, but the fact that people are drinking outside certainly means that public toilets have needed to be more accessible for them. I do not know whether it is the same in the noble Lord’s area, but I have found that the attitude of various premises towards people being allowed to use their toilets has been much more sympathetic and empathetic because of the difficulties that we have all faced. I totally agree with him about local breweries. I do not know how many of them have been forced to close, but I am sure that local breweries have benefited from some of the business support that the Government have given.

On whether there has been any difference of opinion between the NPCC and local police forces, the NPCC speaks for everyone as a whole. I am sure that there have been differences of opinion across the 43 local police forces. If I have any information on that, I will give it to the noble Lord. On what happens if the public object, the public are part of the licensing system. The police, the licensing authority and the public all have a say. If the public object—particularly if there is noise nuisance—the licensing authority can revisit its decision.

The noble Lord also asked, on the back of the point made by the noble Lord, Lord Paddick, why it was necessary at this stage to extend the provisions. Over the year, pubs and licensed premises have really suffered. The last few months have clearly been quite positive in terms of what they have been able to do. On the point made by the noble Lord, Lord Paddick, about why it is necessary—

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[Baroness Williams of Trafford (Con)]

My Lords, if I may continue, picking up where I left off with the noble Lord, Lord Coaker, on why it might be necessary to continue, businesses in particular have a long way to go before they get themselves back on their feet. Particularly for small premises, this extension will give additional capacity that those businesses might need. He made a very good point about how much money would have been lost without the regulation; I do not know whether we have quantified or assessed that, but a lot more businesses would certainly have gone to the wire without our assistance.

The noble Lord, Lord Paddick, made a point about Westminster council and pavement licences. They are entirely a matter for it. Local authorities must have that say over what happens in their locality. He also made a point about Covid passports. I do not know that anything has been officially decided on that, but he is right that there has been a lot in the press about them. Even so, it is obviously a matter for DHSC, not us, although I know his story of having been vaccinated several times and the problem of having one country accept another country’s vaccines and the other problems that leads to.

I draw noble Lords’ attention to other powers that the police and councils will have. Under Section 76 of the Anti-social Behaviour, Crime and Policing Act, they can issue a closure notice if there are reasonable grounds to consider

“that the use of particular premises has resulted, or … is likely … to result, in nuisance to members of the public”.

In terms of off-sales leading to anti-social behaviour, under Section 76 they can also issue a closure notice if they see fit.

Alongside the extension of the temporary off-sales permission, the statutory instrument—I might have said this already—will extend an expedited review process, which allows the responsible authority quickly to alter the licensing conditions granted to premises or remove the permission for sales of alcohol for consumption off the premises.

I hope I have covered everything noble Lords have asked.

Motion agreed.