Amendment 40

Business and Planning Bill - Report – in the House of Lords at 6:30 pm on 20 July 2020.

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Votes in this debate

Lord Paddick:

Moved by Lord Paddick

40: Clause 11, page 9, line 34, at end insert—“(5A) Where subsections (4) and (5) apply, off-sales must be made in—(a) an aluminium or tin-plated steel can;(b) a sealed glass container; or(c) a plastic container.(5B) Subsection (5A) does not apply where the sale of alcohol is for consumption—(a) in accordance with a pavement licence as defined by Part 1 of this Act; or(b) in an outdoor space directly attached to the premises and under the control of the licensee.”Member’s explanatory statementThis amendment would prevent the sale of alcohol off-premises in a beer glass or other container that could easily be broken and used as a weapon.

Photo of Lord Paddick Lord Paddick Liberal Democrat Lords Spokesperson (Home Affairs)

My Lords, I thank the noble Lords, Lord Balfe and Lord Bhatia, and my noble friends Lord Shipley and Lady Pinnock for supporting the amendment. To answer the question from the noble Baroness, Lady McIntosh of Pickering, provided drinking takes place outside a pub within the curtilage of the premises—that is, on the licensed plan—it is legal. Once it goes beyond that, drinking in open containers is illegal. This is to prevent people walking down the street and consuming alcohol in pint glasses or wine glasses without restriction, which this allows.

The Minister said the appropriate place for this to be addressed is in guidance, not legislation. With the greatest respect, that is complete and utter nonsense. The rules around current off-licences are set down in legislation. The legislation says that off-licences are not allowed, in law, to sell alcohol in open containers. She talks about an effective and long-standing regime. The effective and long-standing regime to prevent the sort of disorder the amendment seeks to prevent is exactly the same as it is for off-licences.

I do not know whether the Minister has seen the irresponsible participants in street parties and block parties that the police have had to deal with during lockdown. Without this amendment, we will see even more of that sort of thing. Therefore, I wish to test the opinion of the House.

Ayes 135, Noes 267.

Division number 1 Business and Planning Bill - Report — Amendment 40

Aye: 135 Members of the House of Lords

No: 267 Members of the House of Lords

Aye: A-Z by last name

No: A-Z by last name

Division conducted remotely on Amendment 40

Amendment 40 disagreed.

Amendment 41 not moved.

Photo of Baroness Garden of Frognal Baroness Garden of Frognal Deputy Chairman of Committees, Deputy Speaker (Lords) 6:55, 20 July 2020

We now come to the group beginning with Amendment 42. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this or anything else in the group to a Division should make that clear in debate.