Police Reform and Social Responsibility Bill

I agree with that statement. We need to look at the combination of drink and drugs. Very often the consequences are exacerbated as a result of the combination of those two substances. I am almost beginning to sound in my own head like a nanny. I do not want to sound like that; I was young in the 1960s so I do not want to sound too prissy about all of this. However it is a serious problem and I welcome the opportunity to address it. Moving on to Amendment 240R and particularly TENs, which hopes to prevent a situation whereby a temporary event has been organised in advance and has to be cancelled because an EMRO has been imposed. I understand those concerns, but I point out that the process of making an EMRO will not take place overnight or without proper consultation. It is also important to remember that EMROs will apply only to a specific area for a set time between midnight and 6 am. Anyone planning a temporary event could therefore choose to hold it in a different part of the local authority area, or restrict their TEN to include the sale of alcohol up to but not after midnight. Therefore, there is flexibility. Amendment 240T concerns affected persons. I acknowledge that the amendment intends to include a personal licence holder as an affected person in respect of the early-morning restriction orders. I realise that this would enable personal licence holders to make relevant representations to the licensing authority on a proposed early-morning restriction order. However, there is already a provision for personal licence holders to make a relevant representation in relation to an early-morning restriction order. Relevant representations can be made by affected persons, responsible authorities and any other person: they would not be excluded. Personal licence holders will be entitled to make a relevant representation, as any other person will, and therefore the amendment is not necessary. Amendments 240V, 240W and 240X concern exemptions, which several noble Lords mentioned. They are important. Although the exemption categories for EMROs will be set centrally by the Government, licensing authorities will still have discretion in other areas. For example, the licensing authority will be able to decide during which hours the EMRO will apply, whether it will apply on every day or on particular days, whether it will run for a limited or unlimited period and whether it will apply to all or part of the licensing authority area. There is a lot of flexibility there to deal with problems without the regulations being too heavy to apply. The Government intend to exempt certain notable candidates from EMROs. My noble friends Lord Clement-Jones and Lady Hamwee in particular mentioned New Year’s Eve. We are also very conscious that more royal celebrations are coming up next year that might fall into this category. It is also important to note that the Government recently held a series of EMRO working groups with key partners to discuss possible categories of exemption from EMROs. We are considering the feedback from these working groups and intend to hold a public consultation in the coming months on exemption categories and dates. I am very confident that there will be every opportunity to make sure that the nanny state does not intervene too much at times like New Year's Eve and on special national occasions. Amendment 240RA applies to licensing authorities. They will be able to use their discretion to determine whether an EMRO will apply for a limited or an unlimited period. This will ensure that licensing authorities will be able to consider the situation in their local area. We are trying to give flexibility, but it is not just a question of flexibility: it is about targeting hotspots. If the EMRO is too broad and brings too many people into the catchment area who are not running businesses that are in any way contributing to the problems of the night-time economy, the local authority will be best placed to identify this. I am concerned that the proposal to put in the Bill a two-year time limit for an EMRO would take away that flexibility. It is important to note that licensing authorities will be able to vary or revoke an EMRO at any time that they feel it is appropriate. For example, if a licensing authority sets a time limit on an EMRO and the problem is then resolved, there is no reason why it cannot revisit it and decide to lift it. This means that, in revoking an EMRO, a licensing authority can respond very particularly when a situation in its area improves. Amendment 240RB concerns the requirement that licensing authorities must specify a date when the EMRO will cease. Licensing authorities are required to state the commencement date of the EMRO on the order. I recognise the intention of noble Lords to add a requirement for licensing authorities to state the date on which the order will cease. Of course, the licensing authority can specify whether an EMRO will run for a limited or unlimited period and will already be able to specify the end date of an order if it runs for a limited period. However, if the authority decides to impose an EMRO for an unlimited period, clearly there would be no end date. However, it has that choice, as well as the power of revocation. The amendment would deprive licensing authorities of the flexibility and discretion that we seek to achieve in the Bill. This has been a useful debate. There is quite a lot of common ground in all parts of the House on some of these measures, and I hope that noble Lords will feel able to withdraw the amendment.