PARLIAMENTARY DEBATE
Licensing Hours Extensions Bill - 21 February 2024 (Commons/Public Bill Committees)

It is a pleasure to see you in the Chair, Mrs Murray, and to bring the Licensing Hours Extensions Bill to Committee.

Clause 1 will amend section 197 of the Licensing Act 2003, “Regulations and orders”, by deleting subsec-tion (3)(d), deleting the cross-reference to subsection (3)(d) in subsection (4) and deleting subsection (5). The effect of those deletions will be to change from affirmative to negative the parliamentary procedure for a licensing hours extension order, meaning that the Home Secretary and Ministers will have powers to make licensing hours extension orders without the long parliamentary approval process that is currently in place.

Love for our pubs is strong across all our constituencies. If there is one thing guaranteed to unite us, it is sporting and royal events. We tend to gather for those events in our local pubs, because they are the beating heart of our communities. As hon. Members will know, such events do not always take place when our pubs and hospitality venues are open, which is why the 2003 Act makes two provisions for licence extension.

First, individual licensed premises can apply to their local authority for a temporary event notice. Each application costs £21 and takes a minimum of five working days to be approved. That provision is not designed for scenarios in which a large number of venues across the country wish to extend their licensing hours at short notice and at the same time, so the 2003 Act makes a second provision under section 172, which enables licensing extensions for

“an occasion of exceptional international, national, or local significance”.

That allows the Government to make a blanket relaxation order applicable to all premises in England and Wales, specifying the dates and times of the relaxation and not exceeding four days.

Such orders, which are made under section 197 of the Act, are subject to the affirmative procedure and need approval from both Houses of Parliament. Best practice is for the Home Secretary to complete a public consultation and then for both Houses to debate the order, but that can take up to six months to implement. As I mentioned on Second Reading, the process has been used for the coronation of His Majesty the King, the 90th birthday and platinum jubilee of Her late Majesty, the 2011 and 2018 royal weddings, the 2014 FIFA World cup and the Euro 2020 final in 2021.

Last summer, our whole country was immensely proud of our Lionesses reaching the women’s World cup final. As hon. Members will recall, we found out only four days before the match that the Lionesses had made the final, which was taking place on a Sunday in Sydney with an 11-hour time difference. The match kicked off at 11 am, when many pubs were just opening their doors. There was no time for them to apply to their local authority for a TEN and, because Parliament was in recess, there was no mechanism for the Government to issue a blanket extension. Our communities and pubs missed out on all that pre-match excitement and much-needed extra revenue.

Clause 1 will allow the Home Secretary or Ministers to make an extension order in similar situations without going through the costly, overly bureaucratic, time-consuming and restrictive process that exists now. Clause 2 simply states that the Bill will come into force on the day of Royal Assent and will extend to England and Wales only. As no amendments have been tabled, I hope and am confident that Committee members will agree to clauses 1 and 2.

I rise to add a few words of support for the Bill from the Liberal Democrats and myself.

In Bath we love our pubs as much as anybody else. I am sure that we have all heard from the hospitality sector in our constituencies about how tough the past few years have been. We are lucky to have a thriving hospitality sector in Bath, but businesses still face many challenges.

Clause 1 is integral to preventing pubs from missing out again on opening early, as happened when the Lionesses reached the World cup final last summer. In Bath we have Bath Rugby and Bath City football club, of which I am a fan. Our women’s team is doing very well, too; it is always good to have an opportunity to praise them and to repeat our admiration for what all our women’s teams achieve.

The change from the affirmative to the negative procedure is important because sporting events often happen in the summer when Parliament is not sitting. A change in licensing procedure would have enabled many pubs in Bath to open earlier during the women’s World cup final, allowing fans to take in the atmosphere before the game and allowing the pubs to take in more profits. However, the Bill will fix only a small part of the inadequate statutory framework, the basic flaws of which have, if anything, been compounded by subsequent piecemeal amendments. The House of Lords Liaison Committee’s post-legislative scrutiny follow-up report in 2022 found that flaws in the licensing system remained unresolved and that significant reform was required.

I am grateful to the hon. Member for South Shields for this Bill, which will go some way towards improving the law. However, we need to take another look at the licensing system and consider whether it is fit for purpose.

Speaking of the devolved Administrations, I know as a Welsh MP that nothing brings Wales together more than supporting our Welsh rugby team while having a pint or two, as the hon. Member for South Shields can attest—possibly of Wrexham lager. The Bill will bring people together, support our hospitality sector and cut bureaucracy. That can only be a good thing. With St David’s day coming up, does the Minister agree that a fast passage for the Bill will be appreciated by Wales?

I thank the Minister for his explanation and congratulate my hon. Friend the Member for South Shields on the Bill. Could the Minister clarify two points about the scope?

Who would make the application, for example for an extension of the licence on St David’s day or for some other occasion? We might have a St Aidan’s day extension or St Bede’s day extension for South Shields.

Secondly, will it be all licensed premises? Will it include working men’s clubs as well as pubs? I am very much in favour of supporting local businesses; we have had terrible problems in my constituency with the Conservative/Lib Dem-led council introducing car parking charges, which will undermine local businesses, so this is a great opportunity to give them a boost.

Even individuals?

We could do it for Armed Forces Day.

I entirely support the Bill, but on my right hon. Friend’s point about the expectation that this power will be rarely used, my mind is drawn to the Olympic games. We could say that they are rare, happening every four years, and we have enormous British talent in the Olympics, which people will want to watch. The next iteration in Paris does not suffer a big time difference, but the one after that in Los Angeles does, and people may want to watch British talent in the Olympics over multiple weeks. How does he anticipate this Bill—this future Act, hopefully—applying to the Olympic games?

Will the Minister clarify that the power is to be used at exceptional times and for exceptional events, and that forward planning will not be dispensed with? For events that are already known about, the usual consultation will take place with licensed premises, the police and local authorities, and they will be planned for in the usual way. Will the Minister clarify that this power is for exceptional circumstances that cannot be forward-planned?

Has this short discussion not illustrated my point that we should look more widely at changing the licensing regime, because it is not really fit for purpose? We now live in a global world, and sometimes there are events, even if they are planned, that do not fit in with our licensing regime.

I thank the Minister for his words of support, and I thank all members of the Committee. It might be worth noting, even though it has not come up in the discussion today, that we are not removing Parliament’s say on these matters. Under the negative statutory instrument procedure, hon. Members can pray against an order once it is made. Will the Minister confirm that that is correct? [Interruption.] The officials are nodding. I thank them for their support with drafting the Bill and getting it to this stage.

This is a small, technical piece of legislation, but it will give a massive boost to our hospitality venues and to our communities coming together at times of national celebration. I very much look forward to joining my constituents in one of our many locals to celebrate the next important national event.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Bill to be reported, without amendment.