Proceeding contribution from Baroness Hamwee (Liberal Democrat) in the House of Lords on Thursday, 14 July 2011. It occurred during Debate on bill on Police Reform and Social Responsibility Bill.
Police Reform and Social Responsibility Bill
My Lords, I joined in the debate on these two terms at the previous stage, and on re-reading Hansard I wonder now even more than I did at the time how assessing whether something is appropriate could be evidence-based. If I were still a councillor having to decide whether a condition is appropriate, I do not think I could avoid it being a subjective judgment. My noble friend has referred to this. I also asked at the last stage whether the assessment had to be reasonable. If it is ““appropriate”” rather than ““necessary””, I assume that it would have to be, but the Minister very elegantly sidestepped that question. I do not blame her because I had not given her notice of it. My final point refers to the statutory guidance, again just mentioned by my noble friend. We are not talking about a particular application, but licensing in general is a quasi-judicial activity. Perhaps this is not strictly quasi-judicial, but it comes quite close to it. I am concerned about the need to rely on guidance as distinct from primary legislation in the way this is approached.
Secondary information
- Type
- Proceeding contribution
- Reference
- 729 c872-3
- Session
- 2010-12
- Chamber / Committee
- House of Lords chamber
- Subjects
- Complaints Clubs Alcoholic drinks Anti-social behaviour Civil proceedings City of Westminster Fees and charges Greater London Drugs Exemptions Licensed premises Drunkenness Police Property transfer Parliament Square Protest Misuse Opening hours Private prosecutions Young people Reform Trespass Royal parks War crimes Advisory Council on the Misuse of Drugs Police and crime commissioners Night-time economy
- Legislation
- Police Reform and Social Responsibility Bill 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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- 2023-12-15 18:06:35 +0000
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