Violent Crime Reduction Bill

I beg to move, That this House disagrees with the Lords in the said amendment. The Lords amendment inserts a new subsection into clause 13, which sets out the procedure for designation of an alcohol disorder zone or ADZ. It is worth briefly reminding the House of the nature of the ADZ process. In outline, designating an ADZ is a joint police and local authority decision. First, the local authority must propose an ADZ, followed by a 28-day consultation period involving licensees and the wider community. As soon as is reasonably practicable after the 28 day consultation period, the local authority and the local chief constable must publish an action plan setting out the steps that the police and licensees should take to avoid designation. The action plan will contain a number of preventive steps that licensees should take to help prevent alcohol-related crime and disorder, which will vary from one area to another. Typically, they might include premises-specific action such as introducing proof of age policies or using toughened glasses. The plan could also include financial contributions towards preventive schemes, such as the employment of a taxi marshal to avoid pinch points or putting on a late-night bus service. If licensees implement the plan, an ADZ is not designated, but if they do not comply with the steps in the action plan, the local authority may designate one. Non-compliance criteria for designation are as follows: if, after eight weeks following publication of the action plan steps are not taken or are not sufficient to enable the local authority to consider designation unnecessary; or if the local authority, before or after the eight weeks, is satisfied that the plan will not be implemented, that steps required are no longer being taken or that any effect is no longer being given to arrangements made in accordance with the plan. Having dealt with the context of ADZs, may I turn to the specifics of the Lords amendment, which covers local authority powers to designate an ADZ following publication of the action plan? The amendment reaffirms the belief that the local authority has no power to designate an ADZ if licensees have implemented the entire action plan. It imposes an additional check on local authorities, preventing them from designating an ADZ if the majority of steps set out in the action plan have been put into effect by licensees. The intention behind the amendment is not at issue. The action plan is the important objective, and we want to ensure that there is every opportunity to deliver it. However, we do not believe that the proposed subsection is needed or is workable. It is not needed, principally because the Bill does not give any powers to local authorities to designate an ADZ if an action plan has been implemented. As I have made clear to the House, local authorities can designate if licensees do not comply with the steps in the action plan. The proposal is unworkable, because a one-size-fits-all check would hamstring local authorities, preventing them from designating an ADZ if the majority of steps have been taken. It may be the case that the 51 per cent. of actions taken are not the most critical actions in the action plan. However, as I said, we are sympathetic to the intention behind the Lords amendment. We strongly believe that it is not needed, and would be unworkable, but the Lords’ concerns can be dealt with in guidance. Clarification about the extent of local authorities’ powers and the flexibility that we want in relation to the action plan will be reflected in the guidance. I draw the House’s attention in particular to clause 16, which provides that the Secretary of State must publish guidance on ADZs, which the police and local authorities have a duty to follow. Since the debate on ADZs in another place, we have developed that guidance. In particular, I am grateful for the help of the Wine and Spirit Trade Association, with which we worked to produce a piece of guidance specifically addressing that matter and other issues discussed in another place. I can offer assurances to the House that the guidance includes clarification that local authorities’ powers to designate an ADZ focus on non-compliance with the action plan by licensees; local authorities cannot designate if the entire action plan has been implemented. Time is an important factor, and the action plan does not have to be implemented in full within weeks—the local authority must be satisfied that enough steps have been taken in the action plan to make the designation of an ADZ unnecessary. The local authority should ensure that implementation of the action plan is appropriately monitored and that it actively engages with licensees over the eight-week period. Ample warning should be given to licensees if the local authority feels that designation is appropriate. Flexibility should be shown over action plans, based on local needs. Local authorities should waive the need for compliance with all the steps set out in the published action plan where it is considered that the overall objectives of the action plan can still be delivered. I have provided more detail on what the guidance covers in a letter to the right hon. Member for Haltemprice and Howden (David Davis). I leave the House with those assurances.