Clause 96
Licensing Bill [Lords]
8:55 am
Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
I, too, welcome you back to the Chair, Mr. Benton. I am glad that the hon. Member for Fareham (Mr. Hoban) has raised this matter, because it is important and helps to explain why we have been so careful over such things as the number of temporary event notices and locations.
I hope that I can answer the debate on amendment No. 339 by clarifying how the Bill operates with respect to premises licences, club premises certificates, temporary event notices and the relationship between them.
Clause 96 sets out the meaning of ''permitted temporary activity'' for the purposes of the Bill. It sets out three conditions that must be satisfied if a licensable activity is to be considered a ''permitted temporary activity.'' Those conditions are: that the requirements of clauses 100 and 102(1) are met; that the notice has not been withdrawn by the giver; and, that no counter notice has been issued under part 5 in respect of the notice, for example, if the police have raised objections on the grounds of crime and disorder. The amendment would add a fourth condition: that the premises in respect of which the notice has been given are not already covered by a premises licence or a club premises certificate.
Having listened carefully to the hon. Gentleman, I remain convinced that the amendment is born of a simple misunderstanding of the way in which the Bill operates and that it is unnecessary. I hope that I can help the hon. Gentleman by explaining why.
If premises are covered by a premises licence or a club premises certificate, that does not mean that all licensable activities are permitted by that licence or certificate, much less that the almost infinite variations of licensable activities are permitted. For example, a village hall may have a premises licence permitting the provision of regulated entertainment such as the performance of live music. Under the amendment, it would be impossible for someone to organise an event at that hall under the authority of a temporary event notice if it involved, for example, the sale of alcohol. It would even prohibit the authorisation of the performance of a play at that hall under a temporary event notice. To give another example, a pub, which would have a premises licence authorising the sale of alcohol, could not have a live band from time to time under the authority of a temporary event notice.
I am sure that that is not what the hon. Gentleman intends because he argued the case for live music earlier. I understand his misgivings about the possibility that the temporary event notice might create a problem for neighbours and we shall discuss that issue under subsequent clauses. In the meantime, I
am sure that he does not want to restrict drastically the opportunity for communities to benefit from the light touch—he described that very well—offered by the temporary event notice system. I urge him not to press the amendment.