Licensing Act

Oral Answers to Questions — Culture, Media and Sport – in the House of Commons at 2:30 pm on 21 November 2005.

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Photo of Rosie Cooper Rosie Cooper Labour, West Lancashire 2:30, 21 November 2005

What measures the Government are taking to ensure full use of the powers to review licensing decisions under the Licensing Act 2003.

Photo of James Purnell James Purnell Parliamentary Under-Secretary (Media and Tourism), Department for Culture, Media & Sport

Later this week, my Department will issue specific guidance to local residents associations, small businesses and others on the processes for reviewing licensing conditions. The guidance will also cover how to make representations to licensing authorities and appeals.

Photo of Rosie Cooper Rosie Cooper Labour, West Lancashire

Like Mr. Cameron, I broadly support the new licensing Laws, but in my Constituency, in, for example, Ormskirk town centre, residents are blighted by alcohol-related nuisance that causes them sleepless nights. Can my hon. Friend offer my constituents assurances that the Licensing Act will also address those problems, so that they can get a good night's sleep?

Photo of James Purnell James Purnell Parliamentary Under-Secretary (Media and Tourism), Department for Culture, Media & Sport

I can give my hon. Friend that assurance. Those problems are occurring under the current licensing framework. From this Thursday, any resident, any member of the police and local authorities will be able to ask for a review of any premises that are causing problems. From Thursday, any premises selling to people who are under age or to drunks, or holding irresponsible drinks promotions, are on notice that their licences are at risk.

Photo of Greg Clark Greg Clark Conservative, Tunbridge Wells

Will the Minister take into account in his review the case of the Grove bowling club in Tunbridge Wells, which has 50 members, mostly pensioners, who like to serve a drink to their members and guests? To do that used to cost a licence fee of £16 for five years. It now costs £910 for five years. Does the Minister agree with the secretary of that club, who thinks that that is a "stupendous" increase in tax?

Photo of James Purnell James Purnell Parliamentary Under-Secretary (Media and Tourism), Department for Culture, Media & Sport

We will examine that matter in the review that the hon. Gentleman mentioned. The review is independent. It is being conducted by Sir Les Elton and it will examine whether the exact detail of the fees is right. It is worth putting the matter in context: the court system subsidised the licensing system for alcohol to the tune of £25 million, and both sides of the House agreed that that was unacceptable and that the full cost of licensing administration should be borne by those who benefit from it—premises that obtain licences. There was cross-party agreement when the 2003 Act went through.

Photo of Gordon Marsden Gordon Marsden Labour, Blackpool South

Will my hon. Friend pass on to Sir Les Elton and his team the thanks of small and medium-sized businesses in my Constituency, which have been concerned—obviously, we await the review—about the fee regime? How much money would have been lost by small businesses and hotels if the Opposition parties' suggestion of aborting the second appointed day had been implemented?

Photo of James Purnell James Purnell Parliamentary Under-Secretary (Media and Tourism), Department for Culture, Media & Sport

It would have lost them about £2 billion over the next 10 years. The 2003 Act is an important piece of deregulation and it is interesting that, when the Conservative party was asked to stand up for deregulation, it failed to do so, which is why we were joined in our desire not to delay the 2003 Act by Action with Communities in Rural England, which represents village halls, the Local Government Association and the police.

Photo of Andrew MacKay Andrew MacKay Deputy Chairman (Candidates), Conservative Party

Will the Minister accept that many people who have purchased their homes near to pubs and clubs had a reasonable expectation that licensing hours would not be unduly extended? The hours have been extended in a number of cases, which has caused huge concern. If those people's fears are confirmed and the extensions blight their lives, will the Minister guarantee that it will be possible to appeal and obtain redress against such decisions?

Photo of James Purnell James Purnell Parliamentary Under-Secretary (Media and Tourism), Department for Culture, Media & Sport

The policy has been developed since 1998. As the right hon. Gentleman knows, at the moment anyone who wants to close down rogue premises will find it very difficult—only 0.2 per cent. of premises failed to have their licences renewed last year. From Thursday, if any of his constituents face that worry, it will be easier for them to challenge rogue premises and get them to close down or improve behaviour. We are changing the incentives open to landlords.

Photo of Pat McFadden Pat McFadden Labour, Wolverhampton South East

Does the Minister agree with this comment:

"I don't think it's sensible to shut every pub in a town at 11 o'clock and throw everyone out on to the streets at the same time. So licensing reform is sensible."?

Those are not my words, but those of Mr. Cameron. Does the Minister welcome his support for licensing reform?

Photo of James Purnell James Purnell Parliamentary Under-Secretary (Media and Tourism), Department for Culture, Media & Sport

I agree with those views and we are glad that Mr. Cameron has joined us in supporting licensing reform. It is important to support the police by giving them greater powers and to treat people like grown-ups where they are drinking responsibly. The Conservative party's position is unclear. The Shadow Home Secretary is against licensing reform—

Photo of Don Foster Don Foster Shadow Secretary of State for Culture, Media and Sport

In answer to Rosie Cooper, the Minister told the House that the views of local residents and councils were taken into account in deciding the new licences, but that is simply not true. Only today, a leading local government organisation said:

"thousands of applications have gone through against the will of the licensing body".

Will the Minister assure us that the views of local residents and councils will be taken into account during the review? Will he also assure us that local people and councils who request a non-vexatious review will not be financially penalised for so doing?

Photo of James Purnell James Purnell Parliamentary Under-Secretary (Media and Tourism), Department for Culture, Media & Sport

I can give the hon. Gentleman that guarantee on his final point. If he contacts LACORS—Local Authorities Co-ordinators of Regulatory Services—the organisation to which I think that statement was attributed, he will find that it is putting out a statement that makes it clear that that is not its view. In two thirds of cases, applications have been resolved through negotiation and the process is about devolving powers to the local level. We are happy to work with all parties in the House to ensure that local authorities have all the powers that they need, but this is local democracy in action, and not the opposite of that.

Photo of Eric Illsley Eric Illsley Labour, Barnsley Central

May I draw my hon. Friend's attention to areas where the licensing law is working very well? In particular, two or three pubs in my Constituency that had very poor records of behaviour have been refused licences under the new legislation. Will he congratulate my local authority on taking those steps?

Photo of James Purnell James Purnell Parliamentary Under-Secretary (Media and Tourism), Department for Culture, Media & Sport

I congratulate my hon. Friend's local authority on taking those steps, because it has been tough on those pubs, which, I believe, were involved in drug dealing and other offences. That example demonstrates exactly what the 2003 Act is here to do. It was introduced to crack down on irresponsible premises and let the rest of us who behave like grown-ups be treated like grown-ups.

Photo of Theresa May Theresa May Shadow Secretary of State for the Family, Culture, Media and Sport

A recent Home Office survey showed that an alcohol-fuelled violent crime takes place every 13 seconds. Does the Minister still believe that extended licensing hours will not lead to a rise in alcohol-related crime?

Photo of James Purnell James Purnell Parliamentary Under-Secretary (Media and Tourism), Department for Culture, Media & Sport

Our enforcement campaign over the summer resulted in a decrease in serious assaults of about 9 per cent. in the areas where it happened. We are now launching the toughest ever crackdown on alcohol-fuelled violence through the extra powers in the Act. We look forward to similar progress being made through the campaign over Christmas.

Photo of Theresa May Theresa May Shadow Secretary of State for the Family, Culture, Media and Sport

I notice that the Minister did not answer my question. Last week, the Government launched a poster campaign against antisocial behaviour fuelled by alcohol. At the weekend, they announced a "one strike and you're out" policy against pubs. We now hear that they are recruiting 1,000 children to identify retailers who sell alcohol to under-age drinkers. Do not those last-minute panic measures show that the Government have finally woken up to what we have been saying all along—that their new licensing Laws, 24-hour drinking and extended hours will lead to more problems for local residents living near pubs, more binge drinking and more alcohol-fuelled crime?

Photo of James Purnell James Purnell Parliamentary Under-Secretary (Media and Tourism), Department for Culture, Media & Sport

No. In fact, the Act is the reason why we can bring forward the poster campaign and the enforcement campaign. The Act introduces tougher powers to deal with alcohol-fuelled violence and that is exactly what we are doing. It is the right hon. Lady who is changing her position at the last minute, because she is refusing to support the position of the candidate whom she is backing for the leadership of the Tory party.

laws

Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.

constituency

In a general election, each Constituency chooses an MP to represent them. MPs have a responsibility to represnt the views of the Constituency in the House of Commons. There are 650 Constituencies, and thus 650 MPs. A citizen of a Constituency is known as a Constituent

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

Opposition

The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".

shadow

The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.

The Party Leader assigns specific portfolios according to the ability, seniority and popularity of the shadow cabinet's members.

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Tory

The political party system in the English-speaking world evolved in the 17th century, during the fight over the ascension of James the Second to the Throne. James was a Catholic and a Stuart. Those who argued for Parliamentary supremacy were called Whigs, after a Scottish word whiggamore, meaning "horse-driver," applied to Protestant rebels. It was meant as an insult.

They were opposed by Tories, from the Irish word toraidhe (literally, "pursuer," but commonly applied to highwaymen and cow thieves). It was used — obviously derisively — to refer to those who supported the Crown.

By the mid 1700s, the words Tory and Whig were commonly used to describe two political groupings. Tories supported the Church of England, the Crown, and the country gentry, while Whigs supported the rights of religious dissent and the rising industrial bourgeoisie. In the 19th century, Whigs became Liberals; Tories became Conservatives.