HL Deb 28 February 2002 vol 631 cc1603-4

7.50 p.m.

Baroness Blackstone rose to move, That the draft deregulation order laid before the House on 24th January be approved [13th Report from the Delegated Powers and Regulatory Reform Committee].

The noble Baroness said: My Lords, the order before the House is designed to permit genuine restaurants to serve alcohol with meals for an extra hour after the end of normal licensing hours without the need for what is known as a supper hour certificate. It was approved in another place on 14th February. I am able to assure the House that the order is compatible with the European Convention on Human Rights.

The changes introduced by the order will not apply to premises that operate under a full on-licence, such as pubs. The licensees for those premises would still need to apply for a supper hour certificate, as at present. This is so that the justices can be satisfied that the extension of hours relates to the provision of a bona fide restaurant service and is not a way of circumventing normal closing hours.

Restaurant hours are constrained in the same way as other on-licences, like pubs and night-clubs, by the normal permitted opening hours. These are 11 a.m. to 11 p.m. on Mondays to Saturdays; and noon to 10.30 p.m. on Sundays. However, restaurants that wish to serve alcohol with meals beyond those normal closing times may apply for a supper hour certificate that allows the restaurant to serve drinks until midnight on weekdays and until 11.30 p.m. on Sundays. Like other alcohol licensing approvals, it is granted by local licensing justices.

In the case of a restaurant with what is called a Part IV licence, the process is in practice one of rubber-stamping because the bona fides of the restaurant will already have been established by the same justices in granting a restaurant or residential and restaurant licence in the first place. The certificate must be granted by the justices if the restaurant is bona fide. I am sure that the House will recognise that this as one of the worst examples of red tape operating for the sake of red tape and that it imposes a wholly unreasonable burden on the restaurant trade. The restaurant industry estimates that the order will save the trade a modest £0.2 million per year. I beg to move.

Moved, That the draft deregulation order laid before the House on 24th January be approved [13th Report from the Delegated Powers and Regulatory Reform Committee].—(Baroness Blackstone.)

Baroness Anelay of St Johns

My Lords, again I thank the Minister for her explanation. I shall be brief in my response. As always, I must declare a non-pecuniary interest as patron of the Restaurant Association of Great Britain. In my guise as spokesperson for culture, media and sport—and never as a spokesman for the association—I can certainly say that I welcome the proposed removal of unnecessary red tape; it is, indeed, a prime example of red tape.

The only blot on the landscape, so to speak, is the fact that when the matter was first considered in another place by the Select Committee it was thought necessary to remove part of the original order; na rnely, the provision regarding extended hours deregulation. It is disappointing to note that the committee and Members of another place could not come to an agreement on such matters, which remain contentious. As the licensing reform that we all await in this House seems to be ever receding on the horizon, it is even more important that issues such as extended hours deregulation should be quickly settled. However, we welcome the order.

Lord Addington

My Lords, I shall be even briefer than the noble Baroness, who has paved the way for what I have to say. This seems to me to be about an extra certification requirement for doing something that is fairly normal practice in many areas, so its removal is perfectly sensible. I agree with the noble Baroness as regards the idea of reform of licensing hours. Every time that that ship has appeared on the horizon, it seems that we have had to deal with business in other ports, for it disappears very rapidly from view. However, the order is a small step towards that goal. I urge the Minister to encourage people in her department to consider the example of Scotland, where the reform of licensing hours has actually led to much less, not more, bad behaviour.

Baroness Blackstone

My Lords, I am most grateful for the support received for the order. I can tell the noble Baroness and the noble Lord that the bigger reform of the licensing laws is very much on the Government's agenda. Of course, I cannot anticipate when parliamentary time will be made available for the purpose. It would not be right to say that such reform is receding more and more into the distant future—at least I very hope that that will not be the case. I commend to the House this sensible order designed to reduce red tape.

On Question, Motion agreed to.

Lord Davies of Oldham

My Lords, I beg to move that the House do now adjourn during pleasure until 8.36 p.m.

Moved accordingly, and, on Question. Motion agreed to.

[The Sitting was suspended from 7.56 to 8.36 p.m.]