The Deregulation and Regulatory Reform
Committee has agreed to the following Report:
THE DRAFT REGULATORY REFORM
(GOLDEN JUBILEE LICENSING) ORDER 2002
1. On 26th February 2002 the Government laid before
Parliament the draft Regulatory Reform (Golden Jubilee Licensing)
Order 2002, together with an explanatory memorandum from the Department
for Culture, Media and Sport.
We have already reported on the Government's proposal for this
draft Order, which would amend the Regulatory Reform (Special
Occasions Licensing) Order 2001 ("the Special Occasions Order")
to permit licensing hours to be extended for a further two hours
after the end of permitted hours on 3 June 2002, the date of the
celebration of the Queen's Golden Jubilee.
2. As noted in our Report on the proposal for this
Order, in nearly all respects relevant to consideration of the
proposal in the light of the criteria set down in Standing Order
141(6), the proposed extension of licensing hours on this occasion
gives rise to no issues not already considered in the context
of the proposals for the Special Occasions Order and, before that,
the Deregulation (Millennium Licensing) Order 1999.
However, there were two issues outstanding following our consideration
of the proposal for the Order.
3. The first issue was that of the timing of the
Order. Our earlier recommendation of the approval of the Special
Occasions Order had been made only following assurances from the
Department that there would be time for the system of restriction
orders, which would ensure the protection of local residents against
excessive noise or nuisance, to operate as intended. However,
it transpired that, in at least three licensing districts, the
licensing authority's final session before New Year took place
too soon after the Order came into force for it to be possible
for applications for restriction orders to be made. It was not
therefore possible for local residents - or, for that matter,
local authorities or police forces - to make use of the provisions
designed to ensure that necessary protection was maintained. As
the same provisions would apply in respect of the proposed extended
hours at the Golden Jubilee, we made it clear that, before recommending
approval of this draft Order, we would be looking for assurances
- backed up with details of timetables for the making of the Order
and relevant sessions of licensing justices - that the same situation
would not arise.
4. Rather than provide us with detailed timetables
for sittings of licensing justices, however, the Department has
elected instead to make amendments to the draft Order itself.
Following discussions with a number of chief executives to licensing
justices, the Order now provides that the licensing justices may
hear applications for restriction orders whether or not licensing
sessions are taking place in that district. The licensing justices
would thus be free to hear an application at any time after the
required 5 days notice had expired. If the draft Order is made,
no police officer, local authority or local resident should therefore
be denied an opportunity to make an application for a restriction
order regardless of when licensing sessions are scheduled to be
heard in that licensing district. This appears to us to represent
an appropriate solution to any problem of timing.
5. The Department has also given details of the "publicity
strategy" which it intends to follow in order to ensure that
anyone likely to be affected by the extended opening hours during
the Golden Jubilee period will be aware of the possibility of
applying for a restriction order and of the procedures to be followed
in order to do so.
6. The other issue outstanding was that relating
to the drafting of the Order. The provisions relating to appeals
have been re-ordered as recommended in our Report on the proposal.
7. No representations on the proposal other than
the Reports of the Parliamentary Committees were received by the
8. We are satisfied that our concerns regarding
the proposed Order have been met. We therefore recommend unanimously
that it be approved.
1 Copies are available to Members from the Vote Office
and to members of the public from the Department for Culture,
Media and Sport. It is also available on the Cabinet Office website
http://www.cabinetoffice.gov.uk/regulation/act/ proposals.htm. Back
SI 2001/3937. Back
Fifth Report, Session 2001-02 (HC 599). Back
See First and Second Reports from the Deregulation and Regulatory
Reform Committee, Session 2001-02 (HC 265 and HC 388), and
Third and Fourth Reports from the Deregulation Committee, Session
1998-99 (HC 532 and HC 710). Back
Explanatory memorandum, para 9. Back
Fifth Report, op cit, para 30. Back
Explanatory memorandum, para 3. Back