GROUNDS FOR REFUSAL OF APPLICATION (Hansard, 27 July 1976)

§ Mr. Donald Stewart
I beg to move Amendment No. 108, in page 12, line 13, at end insert— '(e) that an objection to the granting of a licence has been lodged by the district or islands council'. Clause 18 contains four grounds which must be satisfied before a licence can be granted. This means that the discretion which the licensing court previously enjoyed will have gone. I should explain that this arises out of a case in Stornoway a few years ago where the proprietor of a new hotel announced that he intended to open on Sunday, and this 505 caused great offence in the community. There was talk of a veto poll being oragnised, but had it been successful all the licences would have been at risk. It was therefore decided not to take the chance of cancelling all the licences in the burgh of Stornoway at that time.
The amendment would meet the local viewpoint to some extent in that it applies only to single applications and would not have a blanket effect.

§ Mr. Millan
With respect, the hon. Gentleman's explanation contained an important inaccuracy. Clause 18 gives ground for refusal. If one were to add the particular words contained in the amendment, the mere fact that a district council had objected to the granting of a licence would automatically mean the refusal of the licence. That is absolutely antithetical to the arrangements we are providing in the Bill.
The local authority has a certain role, before the licensing board comes into play, in respect of the suitability of the premises and so on. However, to say that it is the end of the matter once a local authority has decided that it cannot grant a licence is taking things too far. The Bill contains a procedure for objections, but I do not think I need explain it at this late hour. We cannot simply write in an automatic power of refusal by the local authority. That would be taking the matter out of the hands of the licensing board and putting it into the hands of local authority decision. That cannot be right in the context of the Bill.

§ Mr. Donald Stewart
I thank the right hon. Gentleman for his explanation and I see the substance of what he says. However, since the veto poll is bound to disappear eventually, some resort should be granted to a community which feels strongly about a particular licence.