HL Deb 19 May 1981 vol 420 cc893-6

7.15 p.m.

Lord Gainford

My 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.—(Lord Gainford.)

On Question, Motion agreed to.

House in Committee accordingly.

[The LORD ALPORT in the Chair.]

Clause 1 [Special hours certificates: amendment of provisions as to revocation]:

Lord Gainford moved Amendment No. 1: Page 1, line 7, after ("certificate") insert ("for any premises or for part of any premises").

The noble Lord said: In moving this amendment, also wish to speak to Amendment No. 2. These are technical amendments which seek to obviate a possible ambiguity in the construction of the proposed new subsection (4) of Section 81 of the Licensing Act 1964. I have been advised that the references in Section 81 to "part of premises" are intended to cover the case where a special hours certificate relates to part only of licensed premises or club premises. As the new subsection which is proposed by Clause 1 now stands, it could be construed as enabling a chief officer of police to apply for the revocation of a special hours certificate on grounds of disorderly or indecent conduct in a part of the premises not covered by the certificate. I am sure your Lordships will agree that this would be unjust, and the purpose of these amendments is to ensure that the grounds of an application for revocation relate solely to conduct on the premises, or part of the premises, specified in the special hours certificate. I beg to move.

On Question, amendment agreed to.

Lord Gainford moved Amendment No. 2: Page 1, line 13, leave out ("of the premises").

The noble Lord said: I have already spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Clause 1, as amended, agreed to.

Lord Gainford moved Amendment No. 3: After Clause 1, insert the following new clause:

("Procedure on applications to justices under section 81A(2) Licensing Act 1964

. In section 91 of that Act (procedure of licensing justices) for the words "or 81" there shall be substituted the words ", 81 or 81A(2)".").

The noble Lord said: In moving this amendment, I also wish to speak to Amendment No. 5. These are further technical amendments. Amendment No. 3 seeks to extend the power of the Secretary of State to make rules prescribing procedures on applications to the licensing justices in respect of special hours certificates. His existing powers extend only to applications for the grant and revocation of special hours certificates. They do not extend to applications which chief officers of police will shortly be able to make under a new Section 81A(2) of the Licensing Act 1964, when Sections 2 and 3 of the Licensing Act 1980 are brought into operation.

This will enable a chief officer of police to apply to the licensing justices, or to the magistrates' court, for the imposition of a condition restricting the hours of operation of a special hours certificate on the grounds that bona fide use of the premises for the purpose of providing music and dancing is likely to end at an earlier hour than laid down as a general rule by the Licensing Act 1964; or if it is desirable for the permitted hours to end earlier, in order to avoid or reduce any disturbance or annoyance to residents in the neighbourhood of the premises, and also to avoid the occurrence of disorderly conduct on the premises.

All that this clause seeks to do is to enable the Secretary of State to establish procedures for the police and licensing justices to follow in relation to these applications. The amendment to the Long Title, Amendment No. 5, is to make it consistent with the inclusion of this new clause which deals with a matter other than simply the revocation of special hours certificates. I beg to move.

The Parliamentary Under-Secretary of State, Home Office (Lord Belstead)

May I say a word on my noble friend's two amendments to which he has just spoken and which the Government certainly support. If this new subsection, Amendment No. 3, is accepted and if the Bill is later enacted, it is the intention of my right honourable friend the Home Secretary to re-make the existing licensing special hours certificates rules to take into account the provisions of the new Section 81A(2). The delay in bringing Sections 2 and 3 of the Licensing Act 1980 into operation has been due to the need first to amend the Crown Court rules. The preparation of these amendments is almost complete and my right honourable friend hopes shortly to make an order to bring the Act fully into operation.

Lord Boston of Faversham

The information which has been provided by the Minister, the noble Lord, Lord Belstead, is very helpful and I am very happy to join his noble friend, the noble Lord, Lord Gainford, in inviting your Lordships to accept it.

On Question, amendment agreed to.

Clause 2 [Short title and extent]:

Lord Gainford moved Amendment No. 4:

Page 1, line 18, at end insert— ("(1A) This Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint.").

The noble Lord said: Amendment No. 4 has a two-fold purpose. In the first place, it is intended to provide adequate time for the police and licensing justices to become aware of the provisions of the Bill after it is enacted. A further reason is to ensure that it does not come into effect before Sections 2 and 3 of the Licensing Act 1980 come into operation.

This Act will provide parties aggrieved by a decision of the licensing justices to revoke or not to revoke a special hours certificate, with the right of appeal to the Crown Court. I am sure your Lordships will agree that it is desirable that this right should exist when, as I hope, the provisions contained in Clause 1 of my Bill come into force. I hope that my noble friend the Minister will be able to give an assurance to your Lordships that it will not be long before the remaining provisions of the 1980 Act come into effect. I beg to move.

Lord Belstead

The reason for the delay in bringing the 1980 Act into force which my noble friend is asking me about is because of the amendment to the Crown Court rules to which I have just referred. It is hoped that these amendments will be incorporated into the rules very soon and the Act brought into force in the early summer.

On Question, amendment agreed to.

Clause 2, as amended, agreed to.

Lord Gainford moved Amendment No. 5: In the Title, line 2, leave out ("the revocation of").

The noble Lord said: I have already spoken to this amendment, which I beg to move.

On Question, amendment agreed to.

House resumed: Bill reported with the amendments.

[House adjourned during pleasure from 7.25 until 8 o'clock.]