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.
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.
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.