HL Deb 26 November 1996 vol 576 cc200-2

7.54 p.m.

The Parliamentary Under-Secretary of State, Northern Ireland Office (Baroness Denton of Wakefield) rose to move, That the draft order laid before the House on 30th October be approved.

The noble Baroness said: My Lords, in moving the Licensing (Northern Ireland) Order I would also like to speak to the Registration of Clubs (Northern Ireland) Order. Taken together, these two orders form a package of reforms. One deals with the licensing of premises such as public houses, hotels and restaurants, the other with the registration of private clubs in Northern Ireland to permit them to supply alcohol to members.

These orders consolidate, with amendments, existing Northern Ireland law which is contained in the Licensing (Northern Ireland) Order 1990 and the Registration of Clubs (Northern Ireland) Order 1987—by this evening's standards quite recent legislation. A wide ranging review of the laws on alcohol began in December 1992 with a review of the laws on registered clubs. A review of the licensing laws was instigated in February 1994 after it became clear that much common ground existed between clubs and licensing laws.

The orders seek to strike a balance between the need to control and regulate the sale of alcohol in a way which is effective, enforceable and equitable with the need to have full regard to the wider public attitudes. The Government consider that the main changes represent a balanced relaxation of the law while preserving the safeguards necessary to sustain sensible attitudes to drinking and prevent alcohol abuse.

I will explain first the provisions common to both orders and then those unique to each.

Articles 13 and 21 of the licensing order and Article 24 of the clubs order provide that liquor licences and club registrations, currently granted or renewed for a maximum of one year, may now be valid for up to five years at the discretion of the courts. This will free up valuable court time and is common sense.

Article 42 of the licensing order and Article 24 of the clubs order will abolish the Sunday afternoon break and allow the supply of alcohol between the hours of 12.30 p.m. and 10 p.m. on that day. The proposal brings the law in Northern Ireland into line with that of England and Wales and recognises the widespread demand from people to set their own Sunday timetables.

There is no evidence that the change to the law in England and Wales has led to an increase in alcohol consumption.

Article 59 of the licensing order and Article 33 of the clubs order again bring the law in Northern Ireland more closely into line with England and Wales by the introduction of children's certificates which will enable young people under 18 to be in licensed premises and registered clubs up to 9 p.m. provided that they are accompanied by an adult. Children have been allowed into the bars of sporting clubs in the province for many years.

I turn now to proposals unique to licensing law. Article 5 creates three new categories of premises which may be licensed, these being guest houses, conference centres and higher education institutions. There has been a considerable demand from the public to have a drink with a meal in guest houses, and the Government, with the strong support of the Northern Ireland Tourist Board, believe that this limited extension will assist Northern Ireland's tourism industry. In addition, one of the fastest growing businesses in Northern Ireland is the conference industry and the Government believe that this industry should be given every opportunity to compete for its share of the market. The Province's two universities host a number of events and conferences and this proposal will provide them with a greater degree of flexibility.

Article 5 also provides the powers under which regulations may be made specifying the conditions under which shops and supermarkets in Northern Ireland may sell alcohol alongside other goods. Regulations will be put in place to ensure that, amongst other things, stores set aside a designated area for the sale of alcohol.

Article 45 deals with small public houses which cannot supply food or entertainment and, under the present law, cannot have late licences. It is therefore proposed that such pubs will be allowed up to 20 late licences a year, and the Government are confident that this small concession will be warmly welcomed.

Article 51 deals principally with the conditions as to the sale of intoxicating liquor in restaurants where the Government are bringing forward a number of changes. The sale of alcohol will continue to be ancillary to the purchase of a main table meal. To curb the possibility of premises masquerading as restaurants when they are really discos and the like, it has been decided to introduce a provision prohibiting the charging of an entrance fee.

Articles 67 and 68 seek to strengthen the law in relation to the presence of alcohol at unlicensed entertainments or unregistered clubs. The new provisions prohibit alcohol at any entertainment outside of licensed premises or registered clubs and place the onus on the organiser to prove that it is not being held for private gain. Rights of entry have been provided to the police to investigate suspected breaches of the law.

Many of the proposed changes in licensing legislation should help make Northern Ireland a more attractive holiday destination and benefit the economy.

I will now detail proposals unique to clubs law. Articles 3 and 15 are related. Article 3 tightens the existing restrictions on the sale of alcohol in clubs which have ceased to be registered. This provision outlaws the presence of alcohol in such premises and introduces an automatic five-year disqualification for clubs convicted of this offence.

Article 4 strengthens the existing laws by providing that, during the waiting period prior to a court hearing of an application for registration, clubs must have in place certain rules designed to demonstrate their ability to operate within the law. This is coupled with a relaxation of the existing laws, whereby the waiting period to be served by clubs before their applications for registration can be dealt with by the courts will be reduced from two years to one.

Article 26 contains an amendment which will increase, from 20 to 52 times in any year, the number of special occasions on which a club may supply alcohol to 1 a.m. The figure of 20 was fixed in 1987 and it now seems reasonable to permit clubs to enjoy an average of one late night each week throughout the year, subject to police approval.

Article 40 contains significant changes to the existing law by enabling the manner in which accounts are to be kept and presented to be prescribed. The 1987 Clubs Order contained among other things provisions to combat racketeering in the affairs of some clubs. The Government believe that it is vital that all registered clubs should manage their financial affairs in a responsible manner.

Article 42 gives the RUC wider powers of entry and inspection so that clubs can be policed more effectively.

Article 43 will introduce a penalty points provision under which points will be attributed for certain offences relating to the keeping and presenting of accounts. It is aimed at clubs that commit serious or persistent breaches of the law in relation to their accounts. Well run clubs have nothing to fear from this proposal.

I hope that your Lordships will accept that the proposals which I have dealt with tonight comprise sensible relaxations in the law while maintaining essential safeguards. I beg to move.

Moved, That the draft order laid before the House on 30th October be approved.—(Baroness Denton of Wakefield.)

8 p.m.

Lord Williams of Mostyn

My Lords, I am grateful for the Minister's clear introduction. Both these Orders appear to offer workmanlike legislation, particularly set in the context, which I thoroughly endorse, of the importance of tourism in all its aspects to the economy of Northern Ireland.

I was listening carefully when the Minister said that the Clubs Order would provide not more than one late night each week. If only we were so lucky in your Lordships' House.

Baroness Denton of Wakefield

My Lords, I suspect that those of us who work on Northern Ireland business experience even more late nights than others, but I thank the noble Lord for his support.

On Question, Motion agreed to.