Clause 13 - The relevant licensing authority
Licensing Bill [Lords]
9:30 am
Mr Andrew Turner (Isle of Wight, Conservative)
The amendments bring us back to our earlier discussion on amendment No. 99, and refer to the power of the local authority to be judge and jury of its own case.
During the last sitting but one, somewhat extravagantly, I accused the Minister of trying to rewrite the whole of local government procedure, but he accused me of trying to rewrite a good deal of local government legislation when we debated amendment No. 99. We are dealing with a tremendously important matter of natural justice. If one applies for a license in a quasi-judicial proceeding, one should not also determine whether that license should be issued. If I were arraigned for some unfortunate behaviour, such as driving with a defective rear light, I doubt that the Minister would be satisfied if I were then able to sit on the magistrates bench and say, ''You shouldn't have done it, but in the circumstances we find you not guilty.'' That would be an abuse of natural justice and a defective procedure, and it would be widely misunderstood.
Local authorities giving themselves licences, as is the case with local authorities giving themselves planning permission, will be widely misunderstood and mistrusted. I want the Minister to think of a better way to solve the problem. I have exercised my imagination in every conceivable manner. I tried amendment No. 99 and amendment No. 177, which you, Mr. Gale, found to be defective, and I appreciate why. I am now trying something different. If the Minister can come up with a route other than the one that I proposed in those amendments and in amendment No. 212, I would be very happy. I am sure that he wants to make me happy.
It is not ideal to give a power to the Secretary of State, but because on this one occasion I cannot think of anything better, amendment No. 212 would do that.