Clause 11 - Sub-delegation of functions by licensing committee etc.
Licensing Bill [Lords]
9:30 am
Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
The amendments explicitly provide for a licensing committee to delegate its functions to a panel of officers of the licensing authority, as well as to a sub-committee and an officer of the licensing authority. Under the Bill, any function that may be delegated to an officer can also be delegated to a panel of officers. The amendments are therefore unnecessary.
The amendments would have the effect of allowing a panel of officers to discharge those functions that, under subsection (4), may not be carried out by an officer of the licensing authority. In that respect, the amendments are also undesirable. The functions set out in subsection (4) represent those functions where, after representations have been made raising the public interest issues reflected in the licensing objectives, the licensing authority ceases to act in its administrative role and instead steps into a regulatory role.
The provisions of clause 11 aim to ensure flexibility. It is the intention that licensing committees should delegate to sub-committees and, where appropriate, to officers, the day-to-day applications and administration to allow decisions on applications to be made quickly. As paragraph 4.46 of the draft guidance made clear, licensing authorities will want to consider how to ensure the speedy, efficient and cost-effective handling of decisions and functions when deciding their approach to delegation.
The Bill already allows for delegation to panels of officers, where that is appropriate, and that may well be the approach that licensing authorities will wish to adopt under a system where the majority of cases should be dealt with administratively. Given that the Bill already permits the delegation of administrative functions to panels of licensing officers, I ask that the amendment be withdrawn.