§ Mr. Barry FieldTo ask the Secretary of State for the Environment under what legislation councillers on the Isle of Wight are liable for surcharging for refusing to license pop festivals.
§ Mr. Robert B. JonesLocal authorities have discretionary powers to licence pop festivals under the provisions of the Local Government (Miscellaneous Provisions) Act 1982. Councillors who exercise their discretion by refusing to licence pop festivals would be liable to surcharge only if the authority's appointed auditor decided to take action under section 19 or section 20 of the Local Government Finance Act 1982. Under these provisions, the auditor may seek to recover, by surcharge of those responsible, any financial loss sustained by the authority as a result of illegal action or wilful misconduct by officers or members of the authority.