Clause 49 - Supplementary provision about interim authority notices
Licensing Bill [Lords]
9:30 am
Mr Malcolm Moss (North East Cambridgeshire, Conservative)
The Minister has moved on to clause 56 and amendment No. 290 to it. Subsection (2) of that clause says that
''Where a licensing authority is not in possession of the licence (or the appropriate part of the licence)'',
the person who has taken over the interim authority notice must, under penalty, provide the licence. However, the local authority will not have to pay a penalty for not having a copy of the licence. I can understand that the person taking over might not have the original licence, but surely the local authority will have a copy of the licence in its records. It could therefore see what was written on the licence, and the licence could be amended accordingly.
I fail to understand why there is a penalty if someone who has just taken over in special circumstances does not comply with that provision
of the licence. He may not know where to find it. The local authority should have a copy, yet the Bill does not say that the local authority is responsible.