Contribution
I thank the noble Lords, Lord Addington, Lord Parkinson of Whitley Bay, Lord Markham, Lord Fuller and Lord Holmes of Richmond, for their amendments.
Amendment 38, tabled by the noble Lord, Lord Addington, would require a designated person to have regard to additional factors related to small and medium or local enterprises when determining whether to grant an advertising authorisation. We share the noble Lord’s intention to ensure that such businesses are not unfairly impacted and that they are able to benefit from the sporting event where appropriate.
In the interest of proportionality, we intend to minimise the impacts of the advertising provisions on existing businesses by introducing exceptions to the offences in regulations. These exceptions would be based on existing advertising controls to allow usual advertising on business premises. Businesses within a restricted zone wishing to display advertising that is not subject to an exception may be able to seek authorisation to do so—for example, from the event organiser or local authority. Where an authorisations process is in place and the proposed activity does not undermine commercial sponsors, businesses with an existing licence to advertise should be given precedence.
Before making regulations, the Secretary of State or devolved authority must consult with the relevant authority and any other persons. This could include local businesses. Guidance setting out the advertising restrictions that will be in place must also be made available.
Amendment 39, tabled by the noble Lord, Lord Holmes of Richmond, would create an exception to the advertising offence for certain non-commercial entities. We recognise the vital work each of these does for local communities. In most cases, they will not be affected by the advertising provisions in the Bill. I will say more on charities shortly, but I stress that the advertising offence will capture charities and other non-commercial entities only if they are advertising a business, product or service in a restricted zone. Where such entities could be affected, we will look to provide an appropriate exception in regulations. This will ensure that the interest of any charity partner in an event, if there is one, can be taken into account where necessary. Generally, this means providing exceptions in regulations on a case-by-case basis to ensure that they are proportionate, workable and event-specific. Again, guidance will be made available, making clear how non-commercial entities could be affected and the options available to them.
Amendment 40 tabled by the noble Lord, Lord Parkinson of Whitley Bay, and supported by the noble Lord, Lord Markham, creates an exception to the advertising offence for promoting charities and certain charitable services. We share the spirit of this amendment. However, as this is a UK-wide framework, exceptions must be workable across the four nations. These separate jurisdictions have differing laws defining and regulating charities. To ensure that exceptions related to charities can be applied effectively, these will need to be brought forward in regulations drafted in accordance with local laws, taking into account the interests of any charity partners. Charities will be captured by the offence only where they are promoting a product, business or service. As I stated in relation to a previous group, exceptions will always be provided for advertising certain charitable services—for example, crisis mental health support services such as a hotline. To highlight our intention in this area, the Bill explicitly states that exceptions to the advertising offence could be made for the purpose of promoting charities or services provided by charities.
Amendment 55, tabled by the noble Lords, Lord Parkinson and Lord Markham, would remove appealing for money or other property from the definition of “trading activity”. I believe it was this amendment that the noble Baroness, Lady Grey-Thompson, spoke to when she talked about knitted items and proportionality in relation to that. That was a good example and the type of example I have been putting to the Bill team to test. I understand that this amendment is looking to probe why charitable fundraising is within the scope of the trading offence. The trading offence is designed to regulate activity that could disrupt the easy and free movement of spectators and provide a mechanism to control the number of traders, including charity collectors, operating within a restricted zone. For this reason, a number of local authorities already regulate charity collections in public places. Although I am sympathetic to the spirit of this amendment, a blanket exception for charitable fundraising could undermine these objectives. For example, an event may have an official charity partner which may need to be given priority over a fundraising activity in a restricted trading zone.