HC Deb 27 February 1964 vol 690 cc604-5
8. Captain W. Elliot

asked the Secretary of State for the Home Department whether he will introduce legislation to empower persons other than the applicant to appeal against the decision of the licensing justices to grant a licence for a betting shop.

The Joint Under-Secretary of State for the Home Department (Mr. C. M. Woodhouse)

No, Sir.

Captain Elliot

Does not my hon. Friend agree that as the applicant for a betting licence has the right of appeal if his application is refused, those who oppose the application should also have this right of appeal? Is he aware that in the London areas, and in the fringes, a number of local authorities are getting concerned at the proliferation of betting shops? Is he also aware that, in Carshalton, the council has three times opposed the granting of a betting shop licence and, on each occasion, its opposition has been turned down? Does not my hon. Friend feel that the position should be looked at?

Mr. Woodhouse

We naturally looked at the position as soon as my hon. Friend put down his Question, but we cannot see any grounds for altering the present procedure for an appeal, which is in line with that for the grant of planning permission under the Act. The Franks Committee looked at the matter in connection with planning permission, and came to the conclusion that it would be impracticable to provide for third-party appeals in the case of licensing. It seems to me that there is certainly no stronger case here, because, as his constituency experience shows, it is possible to renew objections annually.

Mrs. Braddock

Is the Under-Secretary aware that although a planning authority may decide that there should not be a betting shop in a certain place, there is no need for the committee responsible for licensing to take notice of the planning authority's recommendation; and that in many cases licences have been granted when the local authority has refused planning permission?

Mr. Woodhouse

As the hon. Lady knows, the Home Office is not responsible for planning matters. The decision rests, and must be left to rest, with the licensing authority.

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