Minister: Licensing plans are not aimed to 'get at pubs'

A Home Office minister has argued the controversial licensing shake-up is not an attempt to "get at pubs", but admitted the consultation period would have been longer "in an ideal world".

Speaking to The Publican​, Tory James Brokenshire, the minister responsible for over-seeing the changes, also said the plan to scrap Labour's mandatory code was being looked at "very closely".

But on the ban on below-cost sales, he admitted no decision had yet been made on how to implement the measure because of its "complexity".

"I recognise the important role that pubs and responsible licensed premises play to the fabric of local areas and therefore this is not an attempt to try and get at pubs," said Brokenshire. "It's about trying to deal with alcohol-related crime and disorder."

On the length of the consultation, which 1,089 people responded to, he said: "In an ideal world we would have obviously liked to have run the consultation for longer.

"But the challenges we were up against were the parliamentary legislative timetable and ensuring we could properly take account of responses… the other point to make is that informal consultation around these proposals have been going on since June."

He rejected the idea the plans were being rushed through, adding: "This isn't something that's come out of a clear blue sky."

The plans are part of a new Police Reform and Social Responsibility Bill, which Brokenshire said he hoped would be law by next summer.

On the controversial issue of the late-night levy, which could see pubs being charged for staying open after midnight, the minister said it would be the choice of "local communities" whether they wanted to introduce the system.

Brokenshire also rejected the suggestion the off-trade was being largely ignored. "If you are looking at things like licensing objectives, if you are looking at a range of points in the consultation they are addressing the off-trade and the on-trade," he said.

He added: "I recognise we should not be seeking to focus on one side over the other side and I think we are striking that right balance."

However, Brokenshire admitted no conclusion had been reached on how a ban on below-cost sales would work.

"We've not reached any conclusion as yet because of the complexity, because of the legal issues, all of the challenges over competition that may arise. We are looking at this very, very carefully and very closely. We will move forward as quickly as practicably," he said.

The pub trade has also been very concerned that the changes will give too much power to licensing authorities, allowing them to act as judge and jury.

But again, Brokenshire denied this would be the case. "I've heard these complaints, but I reject them," he said.

"What we are looking at is how to make the appeals process more streamlined, but without in any way undermining the ability for someone to seek to challenge some irrational or disproportionate decision by a local authority."

Meanwhile, he would not be drawn on whether health would become a licensing objective and health bodies get a say on licensing decisions, but said the proposals were being considered "very seriously".

On the mandatory code, Brokenshire hinted it may be scrapped to allow other laws to be brought in, thereby fulfilling the government's one-in, one-out pledge on new legislation.

"I'm very conscious of the fact if there are additional burdens then they need to be offset and therefore issues like the mandatory code we are examining very closely in terms of whether it's appropriate for that to be scrapped in whole or in part," he said.

However a Home Office spokesman later confirmed the second part of the mandatory code would still be coming into effect on October 1. He also said the below-cost ban would be introduced at the "earliest opportunity".