Select Committee on Regulatory Reform Fourth Report


FOURTH REPORT


The Regulatory Reform Committee has agreed to the following Report:

DRAFT REGULATORY REFORM

(SPECIAL OCCASIONS LICENSING) ORDER 2002


Introduction

  1. On 17th December 2002 the Government laid before Parliament the draft Regulatory Reform (Special Occasions Licensing) Order 2002, together with a statement from the Department for Culture, Media and Sport.[1] 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 all future New Year's Eves.[2]

Our report on the proposal for this order

  2. We had no difficulties with the substance of the proposal, which was very similar to a number of previous deregulation and regulatory reform orders.[3] However, the timing of the proposal gave us some cause for concern regarding the maintenance of necessary protection for local residents against excessive noise or disturbance on New Year's Eve. We concluded that a draft order in the same terms as the proposal should be laid before the House, but only on the assumption that the Department would put in place a publicity strategy which would ensure that all those who might wish to apply for restriction orders would be aware of the opportunity to do so.[4]

3. In our report on the proposal, we also commented on the handling of the proposal within Government, which had resulted in the failure of the Department to lay the proposal before Parliament in good time. We draw Departments' attention once again to our comments on the handling of the proposal, in the hope that future proposals will be dealt with much more competently. We repeat our conclusion that the regulatory reform procedure should pose few difficulties to those government departments ready to prepare and plan properly for the changes they wish to implement.

Department's response

  4. We are pleased to note that the Department has confirmed, in the explanatory statement accompanying this draft order, that it has already issued a press notice concerning the future timetable for the implementation of the order.[5] The Government will repeat the press notice as soon as the second stage of Parliamentary scrutiny is complete.[6] The terms of the draft order have also been sent to all local authorities, police forces and magistrates' courts and placed on the relevant Government websites.[7]

Other representations made during the period for parliamentary consideration

  5. 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."[8] 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 notwithstanding the difficulties of timing.[9] 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

  6. We recommend unanimously that the draft order should be approved.


1   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 http://www.cabinet-office.gov.uk/regulation/act/ proposals.htm. Back

2   Regulatory Reform Committee, First Report of Session 2002-03, Proposal for the Regulatory Reform (Credit Unions) Order 2002; Proposal for the Regulatory Reform (Special Occasions Licensing) Order 2002 (HC 82). Back

3   The Deregulation (Millennium Licensing) Order 1999 (SI 1999/2137), the Regulatory Reform (Special Occasions Licensing) Order 2001 (SI 2001/3937) and the Regulatory Reform (Golden Jubilee Licensing) Order 2002 (SI 2002/1062). Back

4   HC (2002-03) 82, paras 117-120. Back

5   Explanatory statement, para 6. Back

6   ibid, para 7. Back

7   ibid, para 8. Back

8   Standing Order No. 141(7) Back

9   Explanatory statement, para 3. Back


 
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Prepared 18 December 2002