§ Annabelle EwingTo ask the Secretary of State for Culture, Media and Sport if she will make a statement on her response to the recent judgment on late-night flights into Heathrow; what impact this decision has had on her Department's policy on bar licence hours; and what her policy is on late-night noise disturbance in city centres. [9196]
§ Dr. Howells[holding answer 22 October 2001]: The Government are carefully studying the judgment of the European Court of Human Rights in the case of Hatton and Others v. the United Kingdom, and its possible implications for a range of issues including our policy on alcohol licensing hours. If appropriate, it will be carefully taken into account before a Bill to reform the alcohol and public entertainment licensing laws is presented in Parliament.
Permitted licensing hours for licensed premises in England and Wales are set out in the Licensing Act 1964. Our current policy on the reform of these laws provides that opening hours would be attached as a condition of individual premises licences. It also provides that local residents will have the right to object to the grant of a licence, or to apply for the hours of opening to be restricted, or to seek a review of an existing licence on grounds of public nuisance, including noise disturbance. Where the local authority denies such an objection, the objector would be entitled to appeal to the magistrates courts. In addition, on 1 December this year, we shall be bringing into force section 17 of the Criminal Justice and Police Act 2001 which provides new powers in England and Wales for the police to close instantly for up to 24 hours licensed premises which are causing disturbance to the general public as a result of excessive noise emitted from the premises.
§ Annabelle EwingTo ask the Secretary of State for Culture, Media and Sport if she will place in the Library the guidelines issued by her Department regarding noise abatement best practice in relation to conditions set by councils on late-night licence applications; and if she will make a statement. [9195]
265W
§ Dr. Howells[holding answer 22 October 2001]: Guidance on conditions which might be attached to public entertainment or late-night refreshment house or night café licences in England and Wales concerning noise abatement has not been issued by the Department or by the Home Office when it was responsible for this policy area. In the case of public entertainment licences, local authorities have a broad discretion to impose such conditions, terms and restrictions as they see fit. In the case of late-night refreshment houses and night cafés, conditions may be imposed to prevent unreasonable disturbance to local residents, and "closing orders" may be imposed to the same end. Some local authorities have sought agreements with parts of the licensed trade on standardised conditions which might be adopted in connection with public entertainment licences. From time to time local authorities publish advice on associated matters in conjunction with the Health and Safety Executive. The majority of local authorities in making licensing decisions generally adopt similar standards to those which they adopt in enforcing the provisions of the Environmental Protection Act 1990 and the Noise Act 1996.
Alcohol licensing in England and Wales is the responsibility of licensing justices and not the local authority, and they have a broad discretion to refuse various extensions beyond normal permitted licensing hours to prevent unreasonable disturbance to people living in the neighbourhood.