PRIVATE PLACES OF ENTERTAINMENT (LICENSING) BILL [H.L.] (Hansard, 23 February 1967)

§ LORD PARKER OF WADDINGTON
moved, in subsection (1) after "applicant" to insert "and from time to time renew". The noble and learned Lord said: I beg to move the Amendment standing in my name. It is one of three Amendments, Nos. 1, 2 and 3, which depend upon agreement on the fourth Amendment, which is to insert a new clause. Accordingly, I hope that the Committee will agree to the debate extending over all those four Amendments. Assuming that is so, I will deal with Amendment No. 4, the insertion of the new clause after Clause 4, as printed on the Marshalled List.
On Second Reading I pointed out that subsection (1) and subsection (2) of Clause 5 gave only a limited right of appeal; namely, where the London Government Act of 1963 applied, and that it would have had no application to local authorities who adopted this Bill and were not covered by that Act. On that occasion I 867 said that I would introduce at the Committee stage an Amendment to give a common right of appeal on all cases where local authorities had adopted the provisions of the Bill. The clause is in a simple form giving a right of appeal in the case of refusal of a grant of licence or refusal of a renewal of licence, or refusal of a transfer of a licence and, in addition, a right of appeal in the case of a revocation of a licence or in the case of a person being aggrieved that the conditions and restrictions to which it is subject are too severe.
The appeal, in cases where the licensing authority is a local authority, would be to the justices for the petty sessional area in which the premises are situated, and from the petty sessional court to the quarter sessions. In other cases where the licensing authority are justices themselves, the appeal is direct to quarter sessions. By subsection (5) of the new clause it is provided that where a licence is revoked or an application for renewal is refused, the licence shall be deemed to remain in force for the period during which the person has a right of appeal and, if he gives notice of appeal, then until the appeal is determined. That is a provision taken from Schedule 12 to the London Government Act 1963.
If your Lordships agree with that Amendment, it involves consequential Amendments in Clause 3 which are the three Amendments under my name to that clause. The need arises from the fact that reference has been made in the new clause to a renewal of the licence and the licence remaining in being when renewal is refused until the notice of appeal is delivered and, if delivered, the appeal is heard. Accordingly the first Amendment inserts the words "and from time to time be renewed" after "any applicant" in the first line of subsection (1) of Clause 3. Similarly, in subsection (2), the clause would read Subject to subsection (5) of section—(Appeals) of this Act, a licence granted under this Act shall, unless previously revoked remain in force for one year or for such shorter period… et cetera. Finally, in subsection (4) it is necessary to insert the word "renewal" between the words "grant" and "or transfer". In those circumstances, I beg to move the first Amendment standing in my name.

§ THE EARL OF LONGFORD
The Government are neutral, in a way, on this Bill, but this Amendment, as is the case with other Amendments which the Lord Chief Justice will be moving, seems to the Government entirely sensible and well-conceived, and in that sense it has our support.

§ LORD PARKER OF WADDINGTON
I beg to move Amendment No. 2.

§ LORD PARKER OF WADDINGTON
I beg to move Amendment No. 3.

§ LORD PARKER OF WADDINGTON
I beg to move Amendment No. 4.

§ LORD PARKER OF WADDINGTON
The omission of subsections (1) and (2) of this clause follow from the acceptance of the new clause Appeals which has just been dealt with. In effect subsection (3) restricts in certain cases the right to prosecute. Thus, where the Public Health Act 1936 applies it is only the local authority or the part aggrieved who can prosecute. Any other person can take proceedings only with the consent of the Attorney General. If this Amendment is agreed to, anyone, whether or not the party aggrieved, will be able to take proceedings under the Bill, and the powers of the local authority to prosecute remain under Section 276 of the Local Government Act 1933. I beg to move.

§ THE EARL OF LONGFORD
I support this Amendment also on behalf of the Government. I think that just now I may have used an unfortunate expression in saying that the Government were neutral on the Bill. One gets into the habit of saying that. But, as I said at an earlier stage, the Government welcome this Bill. The responsibility for bringing it forward and the credit goes to the Lord Chief Justice, but the Government do welcome the Bill in general and this and the other Amendments in particular.