Clause 63 - Determining whether a club is established
Licensing Bill [Lords]
3:00 pm
Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
I thank the hon. Gentleman for his explanation of the amendments. As has already been said, we believe that there is much that is worthy of preservation and encouragement in this country's club movement. Different considerations arise in relation to clubs, which, as I have said, are private premises to which public access is restricted. That is why they are treated separately from pubs, bars and other licensed premises, and why the supply of alcohol for consumption by members and members' guests, on premises for which a club premises certificate is in force, are subject to a different regime, with lighter controls.
Unfortunately, the very fact that the controls are lighter makes the special arrangements for clubs—both those operating under the current system and those that will operate under the Bill—a potentially attractive option for unscrupulous people who wish to circumvent licensing controls. That is why clause 63 sets out the matters that may be taken into account by the licensing authority when determining whether a club is established and conducted in good faith for the purposes of the Bill. Two of those matters are any arrangements restricting the club's freedom of purchase of alcohol, and the nature of the premises occupied by the club.
Amendment No. 318 would remove the licensing authority's ability to take into account any arrangements restricting the freedom of the club to
purchase alcohol when determining whether it is conducted in good faith. Amendment No. 303 would remove the licensing authority's ability to take into account the nature of the premises occupied by the club when determining whether it was conducted in good faith. The amendments concern measures that reflect provisions in the Licensing Act 1964 that prevent unscrupulous individuals from circumventing the licensing laws altogether, or seeking to pervert them for their own monetary gains. We have decided, entirely justifiably, to maintain those provisions in the new regime, notwithstanding the special arrangements that we have made for clubs.
It is right that licensing authorities should be able to take into account any arrangements, usually arising from the rules of the club, that restrict its freedom to purchase alcohol. An example of such an arrangement would be where alcohol can be purchased only through a specified individual. He or she may have used inappropriate influence to gain that position, perhaps over a number of years, and might, furthermore, use that position for financial advantage. The scrutiny of any such arrangements by the licensing authority offers a workable safeguard against such malpractice. I hope that after that reassurance, amendment No. 318 will be withdrawn.
It is right that the licensing authority should be able to take into account the nature of a premises when determining whether a club is conducted in good faith. Again, that arises from problems that were identified and addressed by the Licensing Act 1964, whereby accommodation that would normally be associated with the provision of a justice's on-licence was being claimed as constituting club premises. The measure is designed to prevent an individual or a group from forming a committee and claiming that the premises were used for qualifying club activities, when in reality it was used for sales to the public. We think it right that that safeguard should be continued, and I hope that the hon. Member for Fareham (Mr. Hoban) will have the confidence not to press amendment No. 303.