III
PROPOSAL FOR THE REGULATORY REFORM
(GOLDEN JUBILEE LICENSING) ORDER 2001
Introduction
14. On 28 November 2001 the Government laid before
Parliament the proposal for the Regulatory Reform (Golden Jubilee
Licensing) Order 2001 in the form of a draft of the Order and
a statement by the Department for Culture, Media and Sport.[18]
The proposed Regulatory Reform Order would amend the Regulatory
Reform (Special Occasions Licensing) Order 2001 ("the Special
Occasions Order")[19]
to permit licensing hours to be extended for a further two hours
after the end of permitted hours on 3 June 2002, the date of the
celebration of the Queen's Golden Jubilee. Relevant on-licensed
premises could open from 11am on 3 June 2002 until 1am on the
morning of 4 June 2002, instead of 11pm on 3 June 2002. As was
the case in respect of New Year's Eve last year (the only "special
occasion" to which the original Order has so far applied),
local residents, local authorities or the police would be able
to apply for "restriction orders" imposing earlier closing
times on premises which may give rise to annoyance, disturbance
or disorderly conduct.
15. The House has instructed us to examine the proposal
against the criteria specified in Standing Order No. 141(6) and
then, in the light of that examination, to report whether the
Government should proceed, whether amendments should be made,
or whether the Order should not be made.[20]
16. We have concluded that the proposal should
be amended before a draft Order is laid before the House.
The only amendment we recommend, however, concerns a technical
drafting matter and does not affect the substance of the proposal,
which is very similar to two other proposals relating to licensing
hours which we, and our predecessor Deregulation Committee, have
previously considered and approved. Our comments on matters arising
from consideration of the proposal against the criteria specified
in the Standing Order are contained in the remainder of this Report.[21]
Background to the proposal
17. A consultation paper setting out the Government's
proposal was issued by the Home Office on 19 March 2001.[22]
This consultation document contained two proposals: the first
was to amend the Licensing Act 1964 ("the 1964 Act")
to extend licensing hours for on-licensed premises for twelve
hours beyond the end of normal permitted hours on New Year's Eve
2001; the second was to amend the 1964 Act to allow licensing
hours to extend for two hours from the end of permitted hours
on 3 June 2002, the date of the Queen's Golden Jubilee. For the
purposes of Parliamentary scrutiny, the two proposals were separated
at a later stage. The first has already been considered by the
Committee, and the resulting draft Order (the Special Occasions
Order, referred to above) approved by both Houses.[23]
FORM OF THE PROPOSAL
18. During our consideration of the proposal for
the Special Occasions Order, we had cause to consider the effect
of section 1(4) of the Regulatory Reform Act 2001 ("the 2001
Act") on any further proposals for reform of the 1964 Act,
including the current proposal. We concluded that, if such further
reform was to be contemplated, the proposal would have to be amended
so as to transfer the relevant burdens imposed by the 1964 Act
into the Special Occasions Order. Future proposals would then
seek to amend that Order, which would not be subject to s1(4)
of the 2001 Act, rather than the 1964 Act. The draft Order which
was subsequently laid before Parliament took account of this amendment.
19. However, in order to avoid the problems of timing
which also affected the proposal for the Special Occasions Order,[24]
the Government was obliged to lay this current proposal before
Parliament before either House had taken a final decision on whether
or not to approve the draft Special Occasions Order. In order
to meet the requirement of the Regulatory Reform Act to lay "a
proposal in the form of a draft of the Order [to be made under
section 1 of the Act]", but without prejudging either House's
decision on approval of the draft Special Occasions Order, the
Government therefore laid two draft Orders: one, which would amend
the Special Occasions Order, to be proceeded with in the event
of approval by both Houses of that Order; and one, which would
amend the 1964 Act, to be proceeded with should that Order not
be approved. This, a further consequence of the Department's failure
to prepare the proposal for the Special Occasions Licensing Order
in good time (about which we have more to say below), was a less
than ideal situation, and we hope that such measures will not
be necessary in future.
Committee consideration of the proposal
PURPOSE OF THE PROPOSED ORDER
20. As noted above, the proposed Order would reduce
the burden imposed by the Special Occasions Order by extending
licensing hours for a further two hours after the end of permitted
hours on 3 June 2002, the date of the celebration of the Queen's
Golden Jubilee. Relevant on-licensed premises could open from
11am on 3 June 2002 until 1am on the morning of 4 June 2002, instead
of 11pm on 3 June 2002. The explanatory statement expresses the
hope "that Her Majesty's Golden Jubilee will be a splendid
and unique celebration that citizens and visitors to this country
at that time will long remember", continuing, "The proposal
for a modest relaxation of licensing hours will facilitate many
celebrations and therefore contribute to the overall success of
the holiday period".[25]
ESTIMATION OF COSTS AND BENEFITS
21. The Department estimates that the proposal would
result in net savings to the industry of some £8.09 million,
and to the police of around £500,000, both as a result of
the removal of the necessity to apply for special orders of exemption
in respect of the night in question. Costs to local residents
of applying for restriction orders would be no more than £6,000
nationally. Details may be found in paras 32-39 of the explanatory
statement.
THE STANDING ORDER CRITERIA
22. In nearly all respects relevant to consideration
of the proposal in the light of the criteria set down in Standing
Order 141(6), the proposed extension of licensing hours on this
occasion gives rise to no issues not already considered in the
context of the proposals for the Special Occasions Order and,
before that, the Deregulation (Millennium Licensing) Order 1999.[26]
Consultation, which was carried out at the same time as that relating
to the proposal to relax licensing hours at New Year's Eve 2001,[27]
revealed more support for this proposed relaxation than for that
one, and no objections were raised which were not, in our judgement,
adequately responded to.[28]
Subject to our comments below, therefore, we are content that
the proposal satisfies the criteria set down in the Standing Order.
Review of New Year's Eve 2001
23. Before completing our consideration of this proposal,
we were concerned that appropriate account should be taken of
any issues which might arise as a result of the relaxation of
licensing hours on New Year's Eve last year. We therefore asked
for all responses to the Department's review of arrangements on
that date to be sent to us.
24. According to the responses we have seen so far,
the occasion appears to have passed off successfully, with no
major problems resulting from the extended opening hours. We do
not at this stage see any reason, therefore, to stand in the way
of the further, and more modest, extension of hours proposed for
the Golden Jubilee. However, one issue has arisen which concerns
us.
25. As mentioned above, when considering the proposal
for the Special Occasions Order, we were concerned about whether
necessary protection would be maintained in the face of the very
tight timescale for the introduction of the Order. Our recommendation
of the approval of the Order was made only following assurances
from the Department that there would be time for the system of
restriction orders, which would ensure the protection of local
residents against excessive noise or nuisance, to operate as intended.[29]
26. In a number of instances, however, this does
not appear to have been the case. The Order came into force on
7 December 2001. Applications for restriction orders had to be
made at least five days before the relevant session of the licensing
authority. In some areas of the country, the licensing authority's
final session before New Year took place too soon after the Order
came into force for it to be possible for applications for restriction
orders to be made. It was not therefore possible for local residents
- or, for that matter, local authorities or police forces - to
make use of the provisions designed to ensure that necessary protection
was maintained.
27. No respondent to the Department's review suggested
that this inability to obtain restriction orders led to any serious
annoyance or disturbance on New Year's Eve. Nevertheless, we
are dismayed that the assurances we were given turned out to be
false, and we shall be pursuing the issue with the Department.
It may be that the reason for the Department's apparent failure
to comprehend the implications of the late introduction of the
proposal for the Special Occasions Order is that, as the Department
admitted to us in oral evidence on that proposal, it has available
to it no practical experience of the implications of licencing
arrangements for local authorities and others. We urge the
Department to rectify this omission immediately.
28. In the meantime, we can merely express our hope
that the slightly more advanced laying of this proposal will ensure
that the same situation does not occur before the Golden Jubilee.
If this proposal proceeds to the stage of a draft Order, we
shall be looking for assurances - backed up, on this occasion,
with details of timetables for the making of the Order and relevant
sessions of licensing justices - that this will be the case.
Right of appeal for licensees
29. The proposed Order would make one further change
to the Special Occasions Order beyond those needed to extend licensing
hours on the Golden Jubilee, in that it would introduce a right
of appeal to the Crown Court for licensees against the grant of
a restriction order. It had been the Government's intention to
include such a right in that Order from the start, but, in view
of the fact that the timing of that Order meant that it would
be of no practical use, we recommended that it not be included.
We are pleased to see that it is proposed to be reintroduced in
the context of this Order, where, in appropriate circumstances,
licensees may be able to make use of it. We are satisfied that
any resulting burden on the Crown Court would be proportionate
to the benefit expected to result from its creation.
30. One further point arises. The appeals provisions
would, under the proposal as it is currently drafted, be inserted
as article "7ZA" of the Special Occasions Order. Such
numbering is not in accordance with proper drafting practice,
although we appreciate that the positioning of the relevant provision
needs to take account of section 156A of the 1964 Act as amended
by article 2(8) of the Special Occasions Order. A neater solution,
however, as acknowledged by the Department,[30]
would be to include the provisions relating to appeals as a Schedule
to the Special Occasions Order, referred to by a new paragraph
(9) in article 5, and we recommend that the proposal be amended
accordingly.
Report under Standing Order No. 141
31. We recommend that the proposal be amended
by the reordering of its provisions as detailed in paragraph 30
above, before a draft Order is laid before the House.
18 Copies are available to Members from the Vote Office
and to members of the public from the Department for Culture,
Media and Sport. It is also available on the Cabinet Office website
www.cabinet-office.gov.uk/regulation
/act/proposals.htm Back
19
SI 2001/3937. Back
20
Standing Order 141(2). Back
21
Where such a criterion does not appear in this Report, we have
no concerns to raise under that heading. Back
22
Liquor Licensing Deregulation: Consultation on Licensing Hours
for New Year's Eve 2001 and during Her Majesty's Golden Jubilee
in June 2002, Home Office, March 2001. On 8 June 2001 responsibility
for licensing, and thus for this proposal, was transferred from
the Home Office to the Department for Culture, Media and Sport. Back
23
First Report, Proposal for the Regulatory Reform (Special Occasions
Licensing) Order 2001, HC 265 of Session 2001-02; and Second
Report, Draft Regulatory Reform (Special Occasions Licensing)
Order 2001, HC 388 of Session 2001-02. Back
24
See First Report, op cit, paras 27-43 et al. Back
25
Explanatory statement, para 40. Back
26
See First and Second Reports, op cit, and Third and Fourth
Reports from the Deregulation Committee, Session 1998-99, HC 532
and HC 710. Back
27
See para 17 above. Back
28
Explanatory statement, Annexes A and B. Back
29
Fourth Report, op cit, paras 36, 39, 43. Back
30
Correspondence not printed. Back
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