§ 7.46 p.m.
§ Baroness PHILLIPSMy Lords, I beg to move that the House do now resolve itself into Committee on this Bill.
§ Moved, That the House do now resolve itself into Committee.—(Baroness Phillips.)
§ On Question, Motion agreed to.
§ House in Committee accordingly.
§ [The LORD SEGAL in the Chair.]
§ Clause 1 [Amendment of provisions for upgrading of on-licences]:
§
Baroness PHILLIPS moved Amendment No. 1:
Page 1, line 17, leave out ("commencement of this Act") and insert ("end of the period of one month beginning with the day on which this Act is passed").
§ The noble Baroness said: The nub of the amendments, really, is the second one, 529 but, as is the nature of legislation, one often has to move an earlier amendment which has to be explained before one comes to the second amendment. Perhaps I might say to your Lordships that there are two amendments which alter the time of the Bill's commencement. While it is still proposed that the provisions of Clause 1, which concerns the upgrading of licences, will come into force one month after enactment, the appeal amendment, which we shall be coming to next, will need a consequential amendment to the Crown Court rules, for which there would be insufficient time in the month between the enactment of the Bill and its coming into force. It is therefore now proposed that Clauses 2 and 3 should be brought into force by a commencement order. That is the nature of the amendment I am now moving.
§ The PARLIAMENTARY UNDERSECRETARY of STATE, HOME OFFICE (Lord Belstead)May I just say from this Bench that, for reasons which I sought to explain on the Second Reading of the noble Baroness's Bill, the Government entirely recognise that Section 37 creates an anomaly; and, therefore, if this Bill (as I very much hope) goes through your Lordships' House, the Government would not wish the coming into force of the provisions of Clause 1 to be delayed, and accordingly support this amendment.
§ On Question, amendment agreed to.
§ Clause 1, as amended, agreed to.
§ Clause 2 agreed to.
§ Clause 3 [Special hours certificates; amendment of supplementary provisions]:
§
Baroness PHILLIPS moved Amendment No. 2:
Page 3, line 6, at end insert—
§
"Special hours certificates: appeals
(81B.—(1) Subject to subsection (2) of this section, any person aggrieved by a decision of licensing justices or a magistrates' court—
may appeal to the Crown Court against that decision.
§ (2) Only the chief officer of police may appeal against a decision not to revoke a certificate as mentioned in paragraph (a) of subsection (1) of this section or not to impose a condition as mentioned in paragraph (c) of that subsection; and a person may appeal against a decision not to impose a condition under section 81A(1) of this Act only if he has appeared before the licensing justices or magistrates' court and made representations that the condition be imposed.
§ (3) A person other than the appellant shall be a party to an appeal under this section if, and only if, he has appeared before the licensing justices or magistrates' court and made representations on the application to which the decision appealed against relates.
§ (4) Licensing justices shall have the same power to make an order for the payment of costs on the abandonment of an appeal under this section as a magistrates' court has by virtue of section 85 of the Magistrates' Courts Act 1952 on the abandonment of an appeal to which that section relates.").
§ The noble Baroness said: In moving this amendment I would refer your Lordships to the Second Reading debate, when I mentioned that representatives of the entertainments industry had pointed out that there should be a right of appeal to the Crown Court against decisions by the licensing justices in magistrates' courts in relation to the Bill's provisions for special hours certificates, and this is what this technical amendment seeks to do.
§ At the present time, the powers of licensing justices and magistrates in relation to the grant, refusal or revocation of special hours certificates to licensed premises and members' clubs is somewhat restricted. If the Bill is enacted, they will be able to exercise a much wider degree of discretion as to whether or not to restrict the hours of operation by the imposition of a condition which will be imposed under the proposed Section 81A of the Licensing Act 1964. The entertainments industry feels strongly that, since the livelihood of its members could be affected by the imposition of these conditions, they should at least have the right of appeal against decisions to impose them. I believe, too, that other parties affected by decisions of justices and magistrates should enjoy a similar 531 right. This amendment would give such a right. It also provides rights of appeal against a decision to revoke special hours certificates.
§ If I may summarise the amendment, it provides for the insertion of a new Section 81B to the Licensing Act 1964. Subsection (1) specifies the decisions against which appeals may be made; subsection (2) specifics who may appeal; subsection (3) requires that a party to an appeal other than the appellant must have appeared before licensing justices and have made representations on the application to which the decision appealed from relates; and subsection (4) empowers licensing justices to make an order for the payment of other parties' costs on the abandonment of an appeal in the same way as a magistrates' court is empowered to do under the Magistrates' Courts Act. That is an explanation of this rather technical amendment, and I beg to move.
§ Lord BELSTEADI should like to register the Government's support for the noble Baroness in this long amendment. In homely terms, as I understand it, it is right that those whose livelihood may be affected by the proposed new powers of the licensing justices and the magistrates' courts which are contained in this Bill should have, as a collorary, rights of appeal. The noble Baroness has explained those rights absolutely clearly. I find them most acceptable.
§ On Question, amendment agreed to.
§ Clause 3, as amended, agreed to.
§ Clause 4 [Short title and extent]:
§ Baroness PHILLIPS moved Amendment No. 3:
§
Page 3, leave out lines 9 and 10 and insert—
("(2) Sections 2 and 3 of this Act shall not come into force until such day as the Secretary of State may appoint by order made by statutory instrument.")
§ The noble Baroness said: This amendment is allied to the first amendment and deals with the date of commencement. I beg to move.
§ Lord BELSTEADI ought to give the Committee an assurance that, if the Bill is approved, the Government will endeavour to bring the provisions of Clauses 2 532 and 3 into force at the earliest day possible after enactment. I thought that your Lordships would wish to know that from the Government.
§ On Question, amendment agreed to.
§ Clause 4, as amended, agreed to.
§
Baroness PHILLIPS moved Amendment No. 4:
In the Title, line 1, leave out ("the grant of").
§ The noble Baroness said: This amendment is what is usually described as a technical or tidying up amendment. I beg to move.
§ On Question, amendment agreed to.
§ House resumed: Bill reported with the amendments.