HC Deb 14 May 1976 vol 911 cc838-40
Mr. Peter Thomas

I beg to move Amendment No. 9, in page 3, line 22 leave out 'A local authority' and insert 'Subject to subsection (1A) of this section, a local authority to which an application has been made for a licence under this Act, or which has granted such a licence,'.

Mr. Deputy Speaker

With this amendment we are to discuss Amendments Nos. 10 to 14.

Mr. Thomas

The amendments radically change subsections (1) and (2). They are technical or consequential and drafting amendments. The changes which are not purely consequential or drafting are, with one exception, needed to reflect the refinements made to the licensing system by the amendments to Clause 1. The exception involves a small correction to the original provision which could have exposed the wrong person to having to pay the bill for an inspection.

Amendment No. 9 limits the power to authorise inspection to the local authority to which an application has been made for a licence or which has granted such a licence. The amended Clause 1 now makes clear that, provided the conditons of the licence are so drawn, a licence may permit the keeping of an animal in premises outside the area of the licensing authority. There could, however, be confusion if the other authority also commissioned such inspections. The amendment accordingly ensures that the power will be exercised only by the licensing authority. Amendment No. 13 requires the other authority to be consulted.

Amendment No. 10 corrects the reference to the premises to be inspected by specifying those where an animal is or is proposed to be held under the authority of a licence. As at present drafted the Bill would permit the inspection of premises in respect of which a licence granted in accordance with the provisions of this Act is for the time being in force, or in respect of which an application for such licence has been made". That formula appeared to contemplate that the licence was simply for particular premises to be used for keeping the animal, but this was never the basis of the Bill. We explained in Committee that this was an aspect which required further amendment, and this has now been effected by the changes in Clause 1.

In respect of these licences to keep animals it will now be made mandatory for conditions to be attached specifying the various premises where animals may be kept. The new formula is consequential on these refinements and reflects the new scheme.

Amendment No. 11 is purely drafting.

Amendment No. 12 is a consequential amendment to take account of the new power to vary conditions of licence under Clause 1.

Amendment No. 13 requires consultation with any other authority in whose area premises in which animals may be kept under licence are to be found before inspection of those premises is authorised, and it is linked to Amendment No. 10.

Amendment No. 14 provides that the person from whom the local authority may recover costs of inspection shall be the licensed applicant or holder. There may be cases where the owner of premises has nothing to do with the keeping of the animal. He may, for example, be the landlord of the premises, and in such circumstances it would be wrong to expose him to any liability. I commend the amendment to the House.

Amendment agreed to.

Amendments made: No. 10, in page 3, line 24, leave out from 'premises' to 'and' in line 28 and insert: 'where any animal is proposed to be held in pursuance of a licence for which an application has been made under this Act, or where any animal is or may be held in pursuance of a licence which has been granted under this Act'.

No. 11, in line 30, leave out 'animals found thereon or anything therein' and insert 'animal or other thing found there'.

No. 12, in line 32, after 'granted'. insert 'or varied'.

No. 13, in line 33, at end insert— '(1A) A local authority shall not give an authority under subsection (1) of this section to inspect premises situated outside its area unless it has obtained the approval of the local authority in whose area those premises are situated'.

No. 14, in line 34, leave out from 'person' to 'to' in line 36 and insert 'who has applied for a licence under this Act or, as the case may be, to whom the licence concerned has been granted under this Act'.

No. 15, in line 41, leave out Clause 3.—[Mr. Temple-Morris.]

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