|Previous Section||Back to Table of Contents||Lords Hansard Home Page|
What impact the delay in laying before the House of Lords the national guidance to the Licensing Act 2003 will have on the timetable for implementation of the Act.[HL5417]
Lord McIntosh of Haringey: There has been no delay. We are carefully considering the views of a wide range of stakeholders on a draft of the proposed guidance as we undertook to do and will shortly be presenting the guidance to both Houses for approval. As there has been no delay there will be no resultant impact on the timetable for implementation of the Licensing Act 2003.
The start of the transitional period, during which existing licence holders may apply to convert their licences into premises licences and club premises certificates, is expected to be approximately six months after the date on which Parliament approves the guidance. During this period of six months, licensing authorities will prepare and publish their statements of licensing policy. The transitional period
Lord McIntosh of Haringey: The role of the designated premises supervisor under the Licensing Act 2003 is different from that of the licensee under the Licensing Act 1964. The 2003 Act introduced the roles of the designated premises supervisor and personal licence holder, in addition to the holder of the premises licence, for those premises authorised by a premises licence to supply alcohol. The 2003 Act sets out the duties, responsibilities and liabilities of such persons and their roles will be described in the guidance issued to licensing authorities. The guidance will not, however, alter the liabilities of the various roles as set out in the 2003 Act.
Further to their estimate that the cost to the licensed trade of the renewals licence at the Brewster's Sessions in February 2004 will be £11 million, why they are imposing this cost on the industry when these licences will be replaced in 2005 by new licences under the Licensing Act 2003.[HL5420]
Lord McIntosh of Haringey: Under the Licensing Act 1964 the triennial sessions, the Brewster Sessions, are required to be held to renew existing liquor licences. This is not therefore a new burden being imposed by the Government. We will not abolish the Brewster Sessions until the Licensing Act 2003 is fully implemented. This is because liquor licences will remain in effect until the second appointed day, at the end of the transitional period, which is likely to be at least one year after the Brewster Sessions held in February 2004.
Brewster Sessions, more generally, also provide an important forum for people to make objections and oppose applications for renewal and are used to make orders cancelling licences which are currently suspended. The Government agreed to provide grandfather rights for holders of liquor licences on the basis that it accepted the industry's argument that all the holders of existing alcohol licences would have been judged to be "fit and proper" by the licensing justices under the existing regime. Such judgments are subject to regular review at the Brewster Sessions. Under the "grandfather rights" established in the 2003 Act interested parties and responsible authorities (with the exception of the police) are not entitled to object to the grant of a premises licence when applications are made to convert existing licences with the result that it is important that the opportunity to object at the review at the Brewster Session in 2004 is retained.
Lord McIntosh of Haringey: Reports on the Observance of Standards and Codes (ROCSs) summarise countries' observance of internationally recognised standards and are prepared and published at the request of the member country. IMF and World Bank staff collaborate on the ROSC programme. ROSCs are currently resourced from the IMF and World Bank administrative budgets. The UK's financial contribution to the IMF is detailed in Annex II of Stability Growth and Poverty Reductionthe UK and the IMF 2002.
How they define cross-subsidy for the purpose of ensuring that charges for services offered to private patients are not cross-subsidised by National Health Service resources.[HL5068]
The Parliamentary Under-Secretary of State, Department of Health (Lord Warner): Paragraph 14 of Schedule 2 to the NHS and Community Care Act 1990 sets out the responsibility for National Health Service trusts to determine their own charges as follows:
Lord Warner: National Health Service trusts are required to include their income from private patients in their audited accounts and the amount of bad debt written off for private patients. The Department of Health has not, for some years, required NHS trusts to submit trading accounts for their private patient services.
Lord Warner: Health resource groups (HRGs) will be periodically revised to reflect changes in clinical practice and to make them more resource-homogeneous. A proportion of very specialised services will continue to be commissioned outside of payment by results, either by regional or national specialised services commissioning consortia. First-wave National Health Service foundation trusts can choose to have their baseline income guaranteed from 200405 to the end of the tariff transition period in 200708. In the mean time, in developing the tariff we are considering a policy of outlier payments for complex patients within HRGs.
Lord Warner: The contracts for National Health Service foundation trusts will be based on the national tariff, which aims to reflect the higher costs associated with a more complex case mix and should therefore be capable of providing an adequate level of reimbursement to those trusts. However, first-wave NHS foundation trusts can choose to have their baseline income guaranteed from 200405 to the end of the tariff transition period in 200708. In the mean time, in developing the tariff we are considering a policy of outlier payments for complex patients with health resource groups.
Back to Table of Contents
Lords Hansard Home Page