§ 2.55 p.m.
§ Lord JACQUESMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ The Question was as follows:
§ To ask Her Majesty's Government whether, in view of the need to achieve greater uniformity in the granting of music and dancing licences, they will consider applying the system of dividing control of the grant of licences between licensing justices for licensed premises and local authorities for other premises, which now applies to the grant of permits under the Gaming Act 1968.
§ Lord WELLS-PESTELLMy Lords, in the proposals for legislation on public music and dancing which the Home Office circulated to interested bodies in 1975 it was suggested that uniformity should be achieved by placing responsibility for the issue of licences solely on 1423 local authorities. We are still disposed to regard this as the right course to take, but I cannot say at present when there will be a suitable opportunity for such legislation.
§ Lord JACQUESMy Lords, I thank my noble friend for his reply, even though I strongly disagree with it. Is my noble friend aware that, under Section 77 of the Licensing Act 1964, the hours which are attached to a music and dancing licence can determine the extension of hours for drinking purposes on licensed premises? Surely this is a matter for licensing justices and not for local authorities.
§ Lord WELLS-PESTELLMy Lords, I am aware of that. As noble Lords will know, the licensing justices have control over the selling of liquor in public houses, clubs, and for the granting of occasional licences, and local authorities have the responsibility for issuing licences for music and dancing. It is perfectly true that a good many local authorities own village halls, or other buildings, where they grant a licence for music and dancing; and at present where a music and dancing licence is in force for licensed premises, or a registered club, the justices must grant an application for a special hours' certificate allowing for late night drinking. What my noble friend says is perfectly true: it is an obligation upon the licensing committee to do this.
We have attempted to get the views of people concerned, and have the views of the Magistrates' Association and the Justices' Clerks' Association, and they raise a quite valid point. They feel that the licensing law ought to be amended to allow justices a discretion in granting a special hours' certificate in those halls where music and dancing is permitted. But this is a matter which is still under consideration. Perhaps I ought to say that four metropolitan counties are promoting Bills this Session giving district councils within their counties powers to assume the function of licensing public music and dancing, and it will be for Parliament to decide whether that power should be conferred or not. Meanwhile, as I say, the Home Office is taking further advice on this matter.
§ Lord HAMNETTMy Lords, in view of that reply may I ask my noble friend whether, under the county council Bills now being introduced in both Houses of Parliament, there will be provision for objections to be raised against music and dancing which automatically entails drink, and whether there will be provision for public local inquiries under those local Bills?
§ Lord WELLS-PESTELLMy Lords, I am not familiar with the Bill the noble Lord has referred to, and I am unable to say, yes or no.