STOP PRESS

The Government's amendment was passed by by 268 to 159

The following from Hamish Birchall

In a short Commons debate this evening on the Licensing Bill the Government will overturn the small events exemption won last Thursday (19th June) in the Lords. The Government's position is no surprise. It means that Opposition peers will have another go at a small events exemption when the Bill returns to the Lords on Thursday 03 July (not this Thursday as originally proposed).

This gives a bit more time for Opposition peers to consider reinstating another small events exemption, working with the MU, Performer-Lawyer Group and others.

In place of the small events exemption, the Government is proposing an amendment (see below) that rejects any exemption but seeks to limit local authority conditions to those dealing with crime and disorder and public safety (i.e. not noise or protection of children from harm). It is irrational, convoluted, and in places impenetrable. Members of the Performer Lawyer Group have already dismissed it as 'barking'. Conservative and Liberal Democrats will vote against it, but the chances of any more than one or two Labour rebels are slim.

One reason for the Government's position was a letter from the Association of Chief Police Officers (ACPO) sent to Secretary of State Tessa Jowell on 20 June urging Jowell to reverse the exemption. However, ACPO's focus was not pubs, but on events in premises where they have no powers of closure - in other words, places without a premises licence for alcohol. ACPO's letter included this comment: 'The differences [between heavy metal and string quartets] extend not only to the level of noise emanating from the venue (which could be a venue outdoors) but also to the type of clientele attending the event and which therefore may give rise to concerns regarding crime, disorder and nuisance and also issues surrounding the protection of children from harm'. Arguable perhaps, but just because heavy metal exists, why should that justify a blanket licensing requirement on string quartets and solo pianists?

It would have been a simple matter for the Government to address these concerns by restricting an exemption to premises that will already be licensed for alcohol or some other regulated entertainment. But, for the moment, the Government has rejected this notion. Odd that they have taken ACPO's hypothetical concerns so enthusiastically on board this time, when they have consistently ignored ACPO's recommendation that televised sporting events be licensable even though ACPO has plenty of evidence already that they are 'quite frequently a source of disorder'.

Once I have read the Hansard record tomorrow I will send a further update with recommendations for who to write to and a draft letter.