Police Reform and Social Responsibility Bill

I beg to move Amendment 237B and will also speak as to whether Clause 106 should stand part and Amendment 239A. As Clauses 106 and 108 stand, the vicinity test for making representations will be removed and any person will be able to object, broadly, to a live music event if they are located in the licensing authority area. A person will no longer be required to be an interested party in order to object. However, there is no doubt that removing the vicinity test could entirely open up the licensing process to an excessive number of people making representations who have no ties to the local area—for example, national campaign groups running a postcard campaign. This could lead to a significant increase in the number of appeals and reviews, increasing the bureaucracy and cost to local authorities and businesses. As currently drafted, the Bill, while removing the vicinity test, introduces a different constraint in that it restricts participation to those living and based in the local authority area concerned. This could mean that a resident living on the other side of the street could not make representations if they were in a different local authority area. The current state of the clauses in the Bill is far from satisfactory. These amendments therefore seek to define who can make a representation more robustly, restricting it to either someone living sufficiently close to the premises that will be affected by its activities or to an affected business. This will ensure that only those with a local interest are able to intervene. It will ensure, however, that anyone directly affected by licensed premises will be able to make representations, even if they do not live in the local authority area where the premises are situated. This will improve the position of local communities with legitimate concerns about licensed premises and ensure that they are able to have their say. Clearly, this is a compromise suggestion. It is not clear that the Government have entirely demonstrated the mischief that must be cured by Clauses 106 and 108. This is, in a sense, the clause stand part discussion, Clause 106 being on premises licences and Clause 108 on club premises certificates. As was clear from the consultation process, this proposed removal received a majority negative response. Respondents of all kinds suggested that this proposal could lead to a rise in vexatious complaints and give disproportionate influence to non-local individuals. I believe that of all the consultation proposals, that one received the greatest negative response. The onus of proof is really on the Government to demonstrate that Clauses 106 and 108 should be there in the first place. Thereafter, I hope that they will accept the necessity to amend them. If they demonstrate that, they will demonstrate that they support the amendments that I have put forward.