Clause 171 - Relaxation of opening hours for special occasions
Licensing Bill [Lords]
4:45 pm
Mr Mark Hoban (Fareham, Conservative)
In the final minutes before the knife falls, I want to speak to clause 171 and the relaxation of opening hours for special occasions.
In the past, the Secretary of State has exercised powers to enable licensed premises—[Interruption.] In a surprisingly ungracious way, the Minister indicates that he exercised those powers.
Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
That is because I still have the scars on my back, the grey hairs and the bags under my eyes as a consequence of moving those statutory instruments.
Mr Mark Hoban (Fareham, Conservative)
In the past, the Secretary of State, ably assisted or led by the Minister, has relaxed licensing hours for events of national or international significance. The golden jubilee last year was an example. It occurs to me that while international and national events of significance will be planned in the obvious Department, events of local significance may not be.
We had a long discussion recently about the use of temporary event notices for occasions such as Cowes week, which lasts for 10 days. We made the case that instead of someone seeking lots of temporary event notices, the Secretary of State might issue a licensing hours order for a blanket extension of hours in a particular area. Clause 171(3) contains some detailed provisions which give the Secretary of State flexibility to determine what activities are covered for what hours. However, what I cannot see in the clause is how Mr. Troup of the Isle of Wight licensing authority would benefit from the clause, although there may be some celebrations in constituencies of hon. Friends throughout the country that might be benefit from a licensing hours order. I am not clear who can apply for one of those orders and what process the Secretary of State must go through to grant such an order. I should have thought that in the dying minutes of today's proceedings it might be useful for those in licensing law practice to understand the basis on which the orders may be granted.
Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
The clause allows the Secretary of State to bring an order to grant the special licensing hours. Anyone can apply to my right hon. Friend to consider such an order. I am not sure if there was a special order granted—I will try to find out for the hon. Gentleman—for the Commonwealth games and whether it extended only to the Manchester area or went beyond that. The clause is important and if it were possible for an order to be made in exceptional circumstances, even if on a local basis, as the hon. Gentleman says, it can be of considerable advantage to a particular area that might want to celebrate something of great significance, although perhaps not of such significance to the nation or nations as a whole. The short answer is that anybody can apply to the Secretary of State to examine a request for such an order.
Mr Mark Hoban (Fareham, Conservative)
Can the Minister say whether a
statutory instrument would have to bring an order into force in all cases? I am conscious that, for example, at the weekend when Southampton win the FA cup, premises in Southampton particularly may wish to celebrate that event, as indeed I am sure that licensed premises in Portsmouth would have wanted to have done so a few days ago to celebrate its promotion to the premiership. I referred to a constituency on the south coast only for the sake of regional balance.
Mr Mark Hoban (Fareham, Conservative)
As the hon. Gentleman must have realised, I am desperately even-handed. If it were a long-term process, some people might not be able to take advantage of it.
Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
I have no doubt that the Southampton victory—if, in the hon. Gentleman's dreams it occurs—will take on mythic proportions. In 10 years' time perhaps, the great city of Southampton might apply for such an order.
The order must be limited to a period not exceeding four days and can be made only if approved by both Houses of Parliament. If Southampton succeeds in climbing what to some of us seems like an impossible mountain on Saturday, it will have to apply to start enjoying that four days.
Mr Andrew Turner (Isle of Wight, Conservative)
I wonder why the Minister has not thought it more appropriate for the power to lie with the licensing authority.
Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
The examples of occasions that may lead to the making of a licensing powers order include the opening and closing of the Commonwealth games, the World Cup or royal jubilee celebrations. The order must be limited to a period not exceeding four days and can be made only if approved by both Houses of Parliament. The orders are exceptional. Those that I have been involved in have been mainly to do with the jubilee and extensions over the new year's eve period; no others.
Mr Mark Hoban (Fareham, Conservative)
I do not want to prolong the matter any more than I need to, but it seems that the opportunities to have a licensing hours order for events of local significance are illusory, because few of us would want to put a statutory instrument through both Houses of Parliament to allow longer opening hours for events to take place, especially in a small area.
Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
In the few moments that are left, I have to disagree. It must be a very significant occasion. An occasion could be of great importance to a particular part of the country, and I would have thought that with common sense and proper consideration by local authorities—for example—and other agencies, that would be the right way to formulate that kind of application to the Secretary of State for a special order. I am sure that Parliament would look favourably upon that.
Question put and agreed to.
Clause 171 ordered to stand part of the Bill.
It being Five o'clock, The Chairman proceeded, pursuant to Sessional Order D [29 October 2002] and the Orders of the Committee [1 and 3 April 2003], to put forthwith the Question necessary to dispose of the business to be concluded at that time.
Clauses 172 to 174 ordered to stand part of the Bill.
Further consideration adjourned.—[Mr. Kemp.]
Adjourned accordingly at Five o'clock till Tuesday 20 May at five minutes to Nine o'clock.