Clause 69 - Procedure

Gambling Bill

Public Bill Committees, 30 November 2004, 4:30 pm

Photo of Mr Malcolm Moss

Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)

I beg to move amendment No. 222, in clause 69, page 29, line 36, after 'applications', insert

''which may not be delegated to local authorities,''.

This is a probing amendment. Clause 69 refers to the procedure in making an application to the commission for a licence. Subsection (4) refers to clause 22, which sets out the commission's policy. The amendment seeks to make it clear that

''the delegation of functions in relation to applications'',

as set out in subsection (4)(a), should not be made to local authorities. It may be that the commission and the Government have no intention of doing that, but it would be helpful to hear the Minister's assurances that some of those functions will not be delegated back to local authorities.

Photo of Mr Richard Caborn

Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)

I hope that I can reassure the hon. Gentleman that his amendment is unnecessary. There is no possibility that the commission could delegate its powers to the local authority under clause 69 or any other clause. If it did so, it would be acting outside its powers. The Bill maintains a clear distinction: the commission licenses operators, whereas the job of licensing premises is for local authorities in England and Wales, and for licensing boards in Scotland. The hon. Gentleman's amendment covers an important point, but I can advise him that the risk that he fears does not arise. On that basis, I hope that he will withdraw the amendment.

Photo of Mr Malcolm Moss

Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)

I am more than satisfied with the Minister's assurances and I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 69 ordered to stand part of the Bill.

Clause 70 ordered to stand part of the Bill.