Clause 2 – in the House of Commons at 12:00 am on 14 May 1976.
I beg to move Amendment No. 9, in page 3, line 22 leave out 'A local authority' and insert
'Subject to subsection (1A) of this section, a local authority to which an application has been made for a licence under this Act, or which has granted such a licence,'.
With this amendment we are to discuss Amendments Nos. 10 to 14.
The amendments radically change subsections (1) and (2). They are technical or consequential and drafting amendments. The changes which are not purely consequential or drafting are, with one exception, needed to reflect the refinements made to the licensing system by the amendments to Clause 1. The exception involves a small correction to the original provision which could have exposed the wrong person to having to pay the bill for an inspection.
Amendment No. 9 limits the power to authorise inspection to the local authority to which an application has been made for a licence or which has granted such a licence. The amended Clause 1 now makes clear that, provided the conditons of the licence are so drawn, a licence may permit the keeping of an animal in premises outside the area of the licensing authority. There could, however, be confusion if the other authority also commissioned such inspections. The amendment accordingly ensures that the power will be exercised only by the licensing authority. Amendment No. 13 requires the other authority to be consulted.
Amendment No. 10 corrects the reference to the premises to be inspected by specifying those where an animal is or is proposed to be held under the authority of a licence. As at present drafted the Bill would permit the inspection of premises
in respect of which a licence granted in accordance with the provisions of this Act is for the time being in force, or in respect of which an application for such licence has been made".
That formula appeared to contemplate that the licence was simply for particular premises to be used for keeping the animal, but this was never the basis of the Bill. We explained in Committee that this was an aspect which required further amendment, and this has now been effected by the changes in Clause 1.
Amendment No. 14 provides that the person from whom the local authority may recover costs of inspection shall be the licensed applicant or holder. There may be cases where the owner of premises has nothing to do with the keeping of the animal. He may, for example, be the landlord of the premises, and in such circumstances it would be wrong to expose him to any liability. I commend the amendment to the House.
Amendments made: No. 10, in page 3, line 24, leave out from 'premises' to 'and' in line 28 and insert:
'where any animal is proposed to be held in pursuance of a licence for which an application has been made under this Act, or where any animal is or may be held in pursuance of a licence which has been granted under this Act'.