HC Deb 27 July 1976 vol 916 cc501-2
Mr. Rifkind

I beg to move Amendment No. 18, in page 9, line 39, at end insert or unless there has been a material change in circumstances since the date of the refusal of the first-mentioned application'. I am so overwhelmed by the Minister's generosity on the last amendment that I hope it will be repeated on this one It relates to a situation in which a licensing board has refused an application. The Bill states that no subsequent application may be made within a period of two years. In general I find that acceptable, but we think that there should be a qualification of the absolute bar on a subsequent application within two years.

It would seem reasonable that if a material change of circumstances had occurred an applicant should at least be entitled to present a new case explaining the change of circumstances to the licensing board, so that it may reconsider the situation. There would be no obligation for it to change its decision, but if there has been a great material change in circumstances, notwithstanding that the two-year period has not elapsed, it is not unreasonable to allow the board to reconsider the matter and to come to an appropriate decision. I hope that the Minister will feel able to accept this amendment.

Mr. Harry Ewing

One of the things not affected by inflation is my generosity, but I am sorry that I cannot accept the amendment. The debate is similar to the one we had in Committee. There are two issues. One relates to the applicant for the licence and the other to the objector. I would be unfair to subject the objector to a continual process of going back to the licensing board. The board has the flexibility to reconsider an application within the two-year period if a change emerges. I am bound to adhere to the Committee's decision not to accept this proposal.

Amendment negatived.

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