COMMONS AMENDMENT (Hansard, 19 June 2003)

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 7.

Under Part 3 of the Bill, interested parties—local residents and businesses and their representatives—may make representations about applications for premises licences and may also apply to the relevant licensing authority for reviews of premises licences. The amendments in another place removed the extension of the ability to make representations on their behalf, inserted in this House, to MPs, MEPs and local ward councillors in relation to any premises within their constituency or ward.

924 The Government believe firmly that local residents and businesses should be given the opportunity to have their say about the licensing of premises in their vicinity. That is why these groups are included in the list of interested parties. Of course, any local business or local resident living in the vicinity of the premises may use any representative to put their case. This could be a solicitor, a friend, a relative, a Member of Parliament, a ward councillor, an MEP—although that is slightly unlikely—or a Member of the National Assembly for Wales, or a body representing the amenity interests in the area.

However, there is no reason why any of these individuals should have a say in their own right when local residents do not wish to put representations forward on the application. If no local residents or businesses in the vicinity wish to exercise their right to make representations or apply for a review, possibly because residents are pleased to see a new licensed premises opening nearby, whom would the ward councillor, for example, be representing?

The inclusion in the Bill of councillors, MPs and European representatives is not appropriate. These representatives are available if a local resident should wish to use their services, but views should not be expressed on a resident's behalf when she or he has not asked for them to be made. The rights we are giving to make representations are to protect those directly affected by activities to be carried on at the premises concerned. It is not for others to tell residents that they know better. I beg to move.