Police Reform and Social Responsibility Bill

I will speak also to Amendments 305C, 306ZA and 306ZB. Amendments 305B and 305C are designed to extend the ability of licensing authorities to determine the extent of the geographical spread of the late-night levy area so that it need not apply to the whole local authority area. As we discussed in Committee when, I believe, the Minister expressed some sympathy, this is one of the weaknesses of the provision for a late-night levy. It is a very blunt instrument to deal with the whole of a local authority area. Clause 127(4) currently prohibits the licensing authority from applying the levy as it is currently stated in only parts of its area. Removing that provision and inserting the words of the amendment into subsection (2) would allow licensing authorities to designate a particular town or city centre within its control as being liable for the late-night levy rather than being totally broad brush in its approach. A large number of trade organisations are particularly concerned about the untargeted nature of the proposed late-night levy. Community pubs in particular will be affected by a requirement which is really designed to address the cost of policing in towns and city centres. The power can be applied across a licensing authority district only as a whole, rather than to a specific area. As my noble friend Lady Hamwee said in Committee, "““local authority areas are not homogenous. If this new power is to be brought in it would be sensible for it to be focused and directed””." That was a very succinct statement. The noble Lord, Lord Stevenson of Balmacara, agreed, saying: "““There is a problem about the scale and extent to which in any authority it would be sufficiently worth while for the licensing authority to introduce a local levy of this type … Is it really fair for a village shopkeeper to pay for reducing disorder that they could not possibly have caused?””.—[Official Report, 16/6/11; col. 940-1.]" The Government justify this measure on the basis that the easiest and most effective way in which to deal with the issue is to go for the whole council route, because it is viewed as less bureaucratic, and the levy must not only raise sufficient amounts but must be attractive to the licensing authority by being simple to introduce. I disagree. Unless amended in the way I suggest, the levy will be seen as manifestly unfair by those licensees who are not trading in city centres. I hope that the Government will reconsider. As for the exemptions to the late-night levy, I dealt with this to some degree in the discussion on exemptions to early morning alcohol restriction orders. I seek very similar assurances from the Government so that well-run businesses can qualify for an exemption according to premises type and are not penalised by the provisions of the late-night levy. I recall that the noble Lord, Lord Stevenson of Balmacara, mentioned the example of a small jazz club that could be unduly penalised in these circumstances. I would not wish to see other venues, particularly those that host live music, being penalised in the same way. I hope that the Minister can give me similar assurances about the nature of the consultation, the types of exemption that will be available from the late-night levy and the premises that will be eligible for discounts under it. Amendment 306ZB is really designed to probe the Government’s reasons for giving discretion to licensing authorities under Clause 127 as to whether to grant exemptions or discounts for the late-night levy, but not for the early morning alcohol restriction orders. Why are the Government making a distinction between the two? I beg to move.