Letter from the Clerk of the Committee
to the Home Office
The Committee wishes to pursue further the second
point raised, that of the eligibility of "other persons"
to apply for revocation of special hours certificates. The Committee
remains concerned that residents and residents' associations are
unable to apply for revocation. The Committee noted your reply
that this draft Order continues the arrangements for special hours
certificates set out in the Licensing Act 1964. But the question
is whether those arrangements ensure that the necessary protection
which current Sunday licensing legislation affords is continued
in changed circumstances. The Committee remains unconvinced that
the inclusion of disturbance or annoyance to local residents amongst
the grounds for revocation continues necessary protection where
the conduit for complaints is the Police. The Committee does not
understand why licensing justices, having heard both sides of
the argument, are unable to perform the balancing function which,
in your view, is best performed by the police. The Committee wishes
to ensure that residents and residents associations can apply
for revocation, or object to the renewal of, special hours certificates
on the grounds of noise and disturbance.
We refer you to evidence received from the Strathclyde
Police, from whom we sought a view of experience in Scotland of
Sunday Dancing. I attach the letter received from the Assistant
Chief Constable which concludes that local knowledge and consent
brought to bear on the licensing process has been effective in
reconciling the interests of business and the local community.
The Committee was somewhat disappointed that no further
guidance on the "special nature of Sunday" has been
offered and repeats its request for clarification on how such
guidelines would work in practice.
Your letter to Dr Tudor argues that, on an application
to grant a special hours certificate, licensing justices may refuse
an application on grounds which include noise, nuisance and disturbance
in a particular locality on information from local residents.
I would be grateful for a reference to the statutory provisions
which specify these grounds of refusal and which enable residents
to give information to the justices.
Of further interest is the different legislative
framework within which Local Authorities in and outside London
operate, when granting entertainment licences. It appears to us
that the legislation which applies outside London (the Local Government
(Miscellaneous Provisions) Act 1982, Schedule 1), gives more scope
to protect residents in that it enables entertainment licences
to be granted on terms, and subject to restrictions, for the purpose
of preventing unreasonable disturbance by noise to persons in
the neighbourhood. Would it be advantageous to extend the provisions
to London boroughs? We also note that both within and without
London councils are obliged to follow guidance issued by the Secretary
of State.
Has any such guidance been issued? Could it usefully
deal with the question of noise and disturbance, particularly
on Sunday evenings and Monday mornings?
16 February 2000
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