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Local Government and Public Involvement in Health Bill

moved Amendment No. 219A: 219A: After Clause 238, insert the following new Clause— ““Amendments to Licensing Act 2003 (1) The Licensing Act 2003 is as follows. (2) In section 9(1) (proceedings of licensing committee) for ““committee”” in the final place it appears, substitute ““authority””. (3) After section 13(3)(d) (authorised persons, interested parties and responsible authorities) insert— ““(e) a parish council, community council or parish meeting in whose area the premises are situated, (f) a member of a county council, district council, a London borough council or a county borough council for the ward or division in which the premises are situated or whose ward or division is within 1 kilometre of the premises, (g) a member of a parish council or community council for the area in which the premises are situated, (h) the Member of Parliament and (in Wales) the Member of the National Assembly for Wales in whose constituency the premises are situated.”” (4) After section 69(3)(d) (authorised persons, interested parties and responsible authorities) insert— ““(e) a parish council, community council or parish meeting in whose area the premises are situated, (f) a member of a county council, district council, a London borough council or a county borough council for the ward or division in which the premises are situated or whose ward or division is within 1 kilometre of the premises, (g) a member of a parish council or community council for the area in which the premises are situated, (h) the Member of Parliament and (in Wales) the Member of the National Assembly for Wales in whose constituency the premises are situated.”””” The noble Baroness said: My Lords, we have changed subject and are back to where we were before. This package of measures would improve decision-making in licensing matters under the Licensing Act 2003. In particular, it accommodates the possibility of large unitary authorities and increases the role of parish councils and ward councillors. Subsection (2) of the new clause would change the rules on membership of licensing sub-committees. As the noble Baroness will know, under Section 6 of the Licensing Act licensing committees must have between 10 and 15 members. Section 9(1) allows the committee to establish sub-committees, each consisting of three members of the committee. The sub-committees are usually responsible for conducting hearings into applications and the present rule requires that considerable work be shared among the 10 to 15 members of the licensing committee. The amendment would allow the sub-committees to be drawn from all members of the authority. It is still a matter for the authority how many councillors it wishes to have sitting in sub-committees. It can maintain the expertise and share the work as it considers appropriate. The amendment would have particular value if countrywide unitary authorities were ever to be formed, because the current 10 to 15 members would have an extraordinarily wide brief under those circumstances. Subsections (3) and (4) would broaden the categories of interested persons who can make representations on premises licensing and club licence applications. The amendment adds parish and community councils. The original guidance from the Department for Culture, Media and Sport indicated that parish councils did not represent persons who lived in the vicinity of premises. In June 2006, the Government changed the guidance to include parish councils as interested persons, but that view remained controversial. The amendment would put that point beyond doubt. The next change is undoubtedly an addition. Local councillors are not entitled to make representations on licensing applications by reason of being local councillors. They have been able to make representations only if they live in the vicinity of the premises, when it is normally said that they have an interest. Councillors are prevented from making representations on applications made to their own council. Since part of the role of councillors is to represent residents’ views to their council, that needs to be remedied. Finally, we come to Members of Parliament and Members of the Welsh Assembly. The Government’s guidance is that local residents and businesses can ask their local MP or Assembly Member to represent them before the council sub-committee. The MP or Assembly Member has no right make representations on his own behalf unless he lives next door to the pub. The amendment would correct that defect. I beg to move.