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

I beg to move amendment No. 330, in page 67, line 19, at end add

', or

(d) has concern about or responsibility for addressing social wellbeing in the wider local or regional community from which the authorised activities may draw custom.'.

Mr Roger Gale (North Thanet, Conservative)

With this it will be convenient to take amendment No. 331, in clause 327, page 144, line 3, at end insert  

', and

(e) representatives of relevant social agencies with concern about or responsibility for social well-being in the wider local or regional community from which the authorised activities may draw custom, such as social services, probation service, addiction treatment bodies, primary care trusts, community workers and faith groups, regardless of whether the geographical area or remit of these agencies extends beyond that of the licensing authority.'.

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

Amendment No. 330 would add to clause 149. Amendment No. 331, which is consequential to amendment No. 330, is similar but refers to clause 327. We return to the discussion that we had at the very beginning of the Committee's deliberations on social responsibility and well-being, as well as the input of local communities, particularly those sections of it that have great concerns about problem gambling and the social impact of gambling, betting and gaming.

The amendments are partly an attempt to help the Government. It seems, although we have not yet had the debate, that if the Government are moving down the road of limitations—and they have talked about limitations on regional casinos—there has to be a good reason to justify that in our courts, in the European Court of Human Rights and in the European Court of Justice. The amendments are an attempt to focus on the social well-being and responsibility aspects of what we are doing, and to put them in the Bill. It might be helpful for the Government if they embraced the idea; it might help them in forthcoming discussions.

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

As the hon. Gentleman says, there is an admirable intention behind the amendments. However, one of the three licensing objectives is to ensure that children and young people are protected from being harmed or exploited by gambling, and so I do not believe that the amendments are necessary.

To take amendment No. 331 first, clause 327 already requires a local authority to consult those who should be consulted about the licensing policy statement. Subsection 3(d) requires an authority to consult any persons

''who are likely to be affected by the exercise of the authority's functions''

or their representatives. I have every confidence that authorities will consult persons who have an interest in the social well-being of the wider community. It is left open in the Bill who the authorities will be required to consult, so that each authority can consult those persons most likely to be able to make a contribution to the licensing policy.Subsection (3)(d) is not limited to persons in the licensing authority area.

On amendment No. 330, the licensing policy would be applied every time that an authority considered an application. Therefore, where appropriate, persons with responsibility for addressing social well-being will already have been given a chance to express their views. Clause 149 also allows any person who is sufficiently close to the premises and who is likely to be affected by them to make representations. It will be down to local authorities to determine what ''sufficiently close'' means. We think that that will give adequate protection where it is needed.

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

I am grateful to the Minister for his explanation of where he feels the sentiment behind the amendment can be properly deployed elsewhere in the Bill. I take on board his comments about clause 327, and the assurances he has given that consultation will be as wide as possible with the local communities and those who encouraged us to table the amendment, particularly the Churches. Those who have taken a position against gambling for obvious reasons will take some comfort from the Minister's words that according to the Bill as drafted they should be consulted on such matters. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 149 ordered to stand part of the Bill.

Mr Roger Gale (North Thanet, Conservative)

I would call Mr. Hawkins to move amendment No. 35, but he is not here.

Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)

I would like to speak to amendment No. 2 that stands in my name.

Mr Roger Gale (North Thanet, Conservative)

I will allow the hon. Gentleman to move his own amendment, but technically, he is moving the lead amendment No. 35.