Select Committee on Deregulation and Regulatory Reform Second Report

SECOND REPORT

The Deregulation and Regulatory Reform Committee has agreed to the following Report:—

DRAFT REGULATORY REFORM

(SPECIAL OCCASIONS LICENSING) ORDER 2001

Introduction

1. On 16 November 2001[4] the Government laid before Parliament the draft Regulatory Reform (Special Occasions Licensing) Order 2001, together with a statement from the Department for Culture, Media and Sport.[5] We have already reported on the Government's original proposals for this draft Order, which would allow on-licensed premises and registered clubs to sell alcohol throughout the night on New Year's Eve this year.[6]

2. We had four main concerns about the proposal as it was originally put before the House. Firstly, we were concerned that the timing of the proposal would prevent the effective operation of the system of restriction orders designed to ensure the maintenance of necessary protection. Secondly, and in a more general sense, we were concerned at the way the Government had brought forward the proposals, and noted that it did not bode well for future order-making. Thirdly, we did not think it appropriate to include provision for a right of appeal against the grant of a restriction order, when there was no possibility that that provision could work as intended. Finally, we drew attention to the possibility that the proposal as it was originally drafted might prejudice the making of further regulatory reform orders relating to the relaxation of licencing hours on future dates, specifically Her Majesty's Golden Jubilee in June next year, and future New Year's Eves.

3. We recommended that the proposal be amended to take account of these last two concerns. In respect of the maintenance of necessary protection, we concluded that the situation which would prevail should the proposal become law would not result in a lesser degree of protection against excessive noise or nuisance than that which currently obtains. We indicated, however, that we would be seeking assurances from the Department that adequate publicity would be given to the ability of local residents, local authorities and the police to apply for restriction orders in respect of any premises which might give rise to difficulties, so that all concerned would be given the best possible opportunity of making the necessary arrangements.

4. We are pleased to see that a draft Order has been laid before the House so promptly following the expiration of the period for Parliamentary consideration of the original proposal. We are also pleased to see that the draft Order has been amended to take account of our concerns.

Right of appeal for licensees

5. The original proposal made provision for a right of appeal for a licensee against the grant of a restriction order. We recommended that this provision be deleted from the proposal, since, due to the timing of the Order, it would serve no useful purpose. The Government has amended the draft Order by deleting this provision, so that no right of appeal is possible in respect of New Year's Eve this year. We note, however, that the Government intends to reintroduce this provision should the Order be amended to relax licensing hours during the Golden Jubilee (see below).

Ability to make further regulatory reform orders relating to licensing hours

6. More substantially, the Government has amended the draft Order so as to meet our concerns, which were also expressed by the Lords Committee,[7] that the proposal might prejudice the making of further regulatory reform orders relating to the relaxation of licencing hours on certain future dates. As recommended by Treasury Counsel, the draft Order would transfer the restrictions currently applying to the sale of alcohol on all New Years' Eves and during the Golden Jubilee from Part III of the Licensing Act 1964 into this Order. In our Report on the original proposal, we suggested that an order redrafted in this way would be likely to meet our concerns without offending against the provisions of the Regulatory Reform Act 2001; but indicated that it would not be until we saw a draft of the Order as it would eventually be made that we would be able to satisfy ourselves that it would do so. We are now satisfied that this draft Order does so, and we have no further comments to make on the drafting of the Order. However, we recommend that the Cabinet Office take note of this episode, and issue guidance to Departments to ensure future orders do not fall foul, or risk causing subsequent orders to fall foul, of section 1(4) of the 2001 Act.

Arrangements for publicity

7. We welcome the assurances which the Department has made that adequate publicity will be given to the ability of local residents, local authorities and the police to apply for restriction orders. If the Order is approved by both Houses of Parliament, the Department proposes to implement the following strategy as soon as the Order is made:

• A press notice will be issued on the day welcoming the news;[8]

• The press notice will be regionalised[9] by Central Office of Information press offices ensuring that it is picked up by local news media;

• The press notice will appear on the DCMS website and UK online, and will indicate the means of accessing the terms of the Order, and therefore the arrangements for seeking restrictions;

• The Department will write on the day to all chief officers of police and local authorities enclosing a copy of the Order and highlighting their rights concerning restriction orders; and

• The Government will also write to the licensed trade press.

We note also that the Government has already issued a press notice concerning the laying of this revised draft Order for its second stage of Parliamentary scrutiny, as a first step towards ensuring that local residents and licensees are aware of their rights if the Order is approved by both Houses of Parliament.[10] We are satisfied that these arrangements will give the police, local authorities and local residents the best possible chance, in the circumstances, of being able to make applications for restriction orders in respect of premises which might give rise to excessive noise or nuisance.

Other representations made during the period for parliamentary consideration

8. The House has also instructed us to consider the extent to which the Minister concerned has had regard to "any other representations made during the period for parliamentary consideration."[11] The Department did not receive any further written representations. It did, however, receive oral representations from various representative organisations within the hospitality and leisure industry, expressing support for the proposal and urging the Government to pursue it. Those representations should be satisfied by the laying of this draft Order and, we hope, its prompt approval by both Houses.

Report under Standing Order No. 141

9. We recommend unanimously that the draft Order should be approved.

---

4  A draft Order was laid before Parliament on 15 November. However, due to an administrative error, it was not accompanied by the required explanatory statement (under s8(5) of the Regulatory Reform Act), and had therefore to be withdrawn and relaid the following day. Back

5  Copies of these are available to Members from the Vote Office and to members of the public from the Department for Culture, Media and Sport. Back

6  First Report, Proposal for the Regulatory Reform (Special Occasions Licensing) Order 2001, HC265 of Session 2001-02. Back

7  See Fourth Report from the Delegated Powers and Regulatory Reform Committee, Session 2001-02 (HL 29), para 22 Back

8  Information to be included on this press notice can be found at Annex A to the Explanatory Statement. Back

9  "Regionalising" a press notice means two things. Firstly, the Central Office of Information regional press office network ensures it goes to the regional and local media. Secondly, any press notice is given a new "nose" so that it makes it more newsworthy for the area: on New Year's Eve licensing issues, for example, the first sentence might start, "Pubs in Northamptonshire will be able to open for..." etc. Back

10  Explanatory Statement, para 8 Back

11  Standing Order No. 141(7) Back

---

Prepared 23 November 2001