Clause 98 - Temporary event notice
Licensing Bill [Lords]
9:30 am
Mr Andrew Turner (Isle of Wight, Conservative)
No. The Minister referred to flower shows in his final speech in the previous debate, but I understand from my reading of the Bill that neither flower shows nor agricultural shows are licensable activities, and I just wanted to make that clear, so that the Minister could correct me if he felt it necessary. He is not doing so, so I assume that I am right.
What is licensable about an agricultural show is the sale of alcohol, the conduct of music or dancing, or something else of that kind: the event itself is a non-licensable activity. The licensable activity—the sale of alcohol—is incidental to the non-licensable activity. It is not the purpose for which the agricultural show takes place; although it may appear to the Minister that that is the case, the fact is that other things go on at agricultural shows as well as drinking inside and outside marquees.
My argument is not that the licensable activity should not be licensed, but that the restriction of 72 hours on the availability of a temporary event notice should not apply until an event reaches a duration of 14 days, and that the qualification for that should be that the licensable activity is incidental to non-licensable activity.
I am trying to extend the scope for a temporary event licence, and I am asking the Minister to tell me whether he thinks it unreasonable to apply for a temporary event notice for a bar operated for four days at an event such as an agricultural show—it is clear that when he drafted the Bill, he thought that it was. My aim is as simple as that. I am concerned that people will have to apply for permanent licenses to operate a bar at, for example, an agricultural show, even if it lasts for only four days a year.
I now want to talk about Cowes week, and I am indebted to Chris Troup, the landlord of the Anchor Inn, Cowes—the concessionaire who runs events in the Cowes yacht haven—for assisting me with my questions. Mr. Troup is concerned about the back-to-back restriction on temporary event notices, and about the fact that only five temporary event notices would be available for a particular set of premises. Once again, we get into the question of what is a premises.
The Cowes yacht haven is a large area containing many birds, moorings, pontoons, and so forth. It is possible to define that area as more than one place by drawing a line on a map that does not represent any physical feature on the ground. If the marquees are placed in two separate places and those are defined as two separate sets of premises, it would be possible for Mr. Troup to serve five temporary event notices for place A, at the western end of the yacht haven, another five for place B, which immediately adjoins it but is not within the curtilage of place A, and again for place C, which is a little further along the yacht haven. If he could do that, he would be happy. However, he is concerned that the definition of premises is not in his control.
Should the person serving the notice define the premises, or is another body able to define those as well? The definition contained in clause 190 says that premises are ''any place''; but who will define them? If Mr. Troup cannot get more than five temporary event notices a year, I assume, although perhaps the Minister will correct me, that he should apply for a permanent licence for the Cowes yacht haven. The problem with that is contained in the operating schedule, to which I referred earlier. It is impossible, at the beginning of the period for which a permanent
licence runs, to predict precisely the use to which it will be put.
I would be happy if the Minister could assure me that the following example is acceptable—and so would Mr. Troup. Perhaps it would be possible to say, ''We intend to hold various events over a period of five years''—depending on the duration of the licence—''some of which will run from 8 am to midnight, although we intend to run others until 2 or 3 am. We are not yet sure about the size of the marquees, because we have not had the bookings. We are not exactly sure where the marquees will be, because we do not know whether there will be boats being renovated or repaired on the surface of the yacht haven. We have not yet made the arrangements for the location of the stalls, stands and other non-licensable activities on the yacht haven.'' If that were acceptable as an operating statement, Mr. Troup would be happy. However, if it were not acceptable, he would have to acquire a general premises licence and would repeatedly have to apply for modifications, or serve temporary event notices.
First, why is there a 72-hour limit? Would it not be more appropriate to have a much longer limit that would cover agricultural and sporting events? Secondly, why is there a back-to-back restriction? Thirdly, what is a ''place'', and who decides that? Fourthly, what level of detail is required in the operating schedule? Will it be sufficient to provide an operating schedule that gives general scope for meeting the specific needs that may arise within five days?
Mr. Troup tells me that many people come to Cowes week and say, ''We want to have a party. Organise one on Friday.'' He has to get the marquee, the drink and the band with five days' notice. At present he can do so by using his licence for the Anchor Inn, by applying for occasional licences, which he can get in 24 hours from the Isle of Wight magistrates court, and by getting entertainment licences, which are broad in scope, from the Isle of Wight council.