Clause 327 - Three-year licensing policy
Gambling Bill
5:45 pm
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I beg to move amendment No. 383, in clause 327, page 143, line 33, at end insert—
'(d) ensure that its licensing policy and other decisions comply with the licensing objectives and guidance issued under section 24, and
(e) take no action which conflicts with any policy or determination of the Commission or any regulations made by the Secretary of State.'.
The purpose of the amendment is to clarify that a licensing authority may not use the instrument of the three-year licensing policy to override national policy decisions made by either the commission or the Secretary of State. We read the clause as not preventing licensing authorities from making determinations that would have the effect of setting individual regulation standards on an authority-by-authority basis, thereby possibly frustrating the implementation of national regulation and planning policy.
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
When exercising its functions a licensing authority is already required to take account of guidance issued by the commission. Any decision not in accordance with the commission's guidance, the licensing objectives or the regulations made by the Secretary of State could be open to judicial review. With that explanation, I hope that the hon. Gentleman will withdraw the amendment.
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I beg to move amendment No. 384, in clause 327, page 144, line 8, at end insert—
'(d) matters which may or may not be the subject of licensing authority policy.'.
The three-year licensing policy represents a potential flaw in the Bill which we believe the Budd report anticipated. It must be made clear when a licensing authority can make policy that might distort competition between local authority areas imposing or excluding conditions and affecting entitlements—both to the operators of gambling facilities and the customers who enjoy them.
The amendment clarifies that local authorities may not act in a way that contradicts policy set forth by the commission or by the Secretary of State by regulation, and ensures that matters that may or may not be the subject of local authority licensing policy are set out by the Secretary of State.
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
The amendment seeks to enable the Secretary of State to make regulations relating to matters that may or may not be the subject of a licensing authority's policy. Licensing authorities are already required to take into account the guidance issued by the gambling commission. That policy must be applied by the licensing authority. Matters that may be subject to licensing policy made by licensing authorities are therefore already constrained. I do not consider that enabling the Secretary of State to make regulations of the sort outlined in the amendment would add anything significant. Such regulations could limit an authority's ability to take into account local circumstances when formulating a licensing policy.
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 327 ordered to stand part of the Bill.
Clauses 328 and 329 ordered to stand part of the Bill.
Further consideration adjourned.—[Mr. Watson.]
Adjourned accordingly at six minutes to Six o'clock until Tuesday 11 January at half-past Nine o'clock.