HC Deb 13 December 2000 vol 359 c183W
Mr. Bill O'Brien

To ask the Secretary of State for the Home Department (1) what steps he is taking to assure applicants under the proposed licensing procedures that they will receive a fair judicial hearing if trained magistrates are removed from the licensing awards procedures; and if he will make a statement; [142183]

(2) what steps he is taking to avoid a conflict of interests if the magistrates licensing authority is transferred to local councillors; and if he will make a statement. [142179]

Mr. Mike O'Brien

Under the proposals for reform of the licensing laws in our White Paper, "Time for Reform", my right hon. Friend the Home Secretary would be responsible for making statutory rules to govern the procedures under which local authorities acting as licensing authorities would deal with applications for the issue, renewal, variation or termination of personal and premises licences.

The aim of such rules would be to ensure that these matters, which will be subject to appeal, are dealt with in a fair, timely and impartial way. Local authorities would also be expected to take account of their own legal advice as necessary and to ensure that those dealing with licensing matters received proper training in the new law and their responsibilities under it.

Mr. Bill O'Brien

To ask the Secretary of State for the Home Department what role local magistrates will play under his proposals to transfer all licensing matters to local government; and if he will make a statement. [142182]

Mr. Mike O'Brien

Under proposals for reform of the licensing laws set out in our White Paper, "Time for Reform", it would be the responsibility of magistrates courts to try cases involving alleged offences against licensing law, including breaches of licence conditions, and punish the offenders. The White Paper also proposed that magistrates sitting with a judge in the Crown court should deal with appeals against licensing decisions made by local authorities. We have been considering comments on these and the other White Paper proposal, and will announce our conclusions shortly.