Local Services and Facilities Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Local Services and Facilities Bill

Local Services and Facilities Bill
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A
Bill
To
require public authorities to undertake a social and environmental impact
assessment and to consult persons or bodies affected before closing premises
that provide services or ceasing to provide services from particular premises;
to amend the Town and Country Planning Act 1990 in relation to material
changes in use affecting services to or amenities for the public; to confer
powers on local authorities in connection with the proposed closure of leisure
and sports facilities; to make provision about local food strategies; to make
provision in connection with the delivery of beer to public houses from local
breweries; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Local public services: closure or termination
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Closure of premises or termination of service provision from premises:
assessment and consultations
(1)
Where a public authority proposes to—
(a)
close premises that provide services, or
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(b)
cease to provide a particular service from particular premises,

it shall be the duty of that public authority to take each of the steps specified in
subsections (3) to (6).
(2)
The duty under subsection (1) does not apply in any case where—
(a)
the service concerned is no longer to be provided nationally, or
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(b)
the service concerned is to be provided from premises within the
immediate vicinity of the current premises.
(3)
The step specified in this subsection is to publish its proposal to take the action
referred to in subsection (1)(a) or (b) (“the proposal”).

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Local Services and Facilities Bill
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(4)
The step specified in this subsection is to undertake an assessment of the social
and environmental impact of implementation of the proposal (“the
assessment”).
(5)
The step specified in this subsection is to take reasonable measures to consult
the persons and bodies specified in subsection (7) about the proposal.
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(6)
The step specified in this subsection is to give the persons and bodies so
consulted an opportunity to make representations about the proposal.
(7)
Those persons and bodies are—
(a)
persons who, in the opinion of the public authority, are likely to be
directly affected by implementation of the proposal,
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(b)
parish or community councils for areas containing residents who, in the
opinion of the public authority, are likely to be directly affected by
implementation of the proposal,
(c)
trades unions whose members include persons for whom the premises
to which the proposal relates are their principal place of work,
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(d)
businesses which are, in the opinion of the public authority, likely to be
directly affected by implementation of the proposal, and
(e)
organisations which are, in the opinion of the public authority,
representative of—
(i)
the persons specified in paragraph (a), or
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(ii)
the businesses specified in paragraph (d).
(8)
In assessing the social impact of implementation of a proposal for the purposes
of this section, a public authority shall have particular regard to any adverse
impact on—
(a)
persons aged 60 or over,
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(b)
lone parents of children aged 17 or under,
(c)
children,
(d)
persons on low incomes,
(e)
persons with disabilities, and
(f)
persons belonging to ethnic minorities.
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(9)
In determining the environmental impact of implementation of a proposal for
the purposes of this section, a public authority shall have particular regard to
any adverse impact on—
(a)
emissions of carbon dioxide and other air pollutants,
(b)
the volume of road traffic,
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(c)
noise pollution, and
(d)
the environment generally in the vicinity of the premises to which the
proposal relates.
(10)
For the purposes of this section and section 2—
“act” shall be construed in accordance with the provisions of section 6 of
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the Human Rights Act 1998 (c. 42) (acts of public authorities);
“public authority” has the same meaning as in that section;
“service” means an act performed by a public authority which is provided
to any of the following—
(a)
members of the public generally,
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(b)
a particular class or group of members of the public,
(c)
businesses generally,

Local Services and Facilities Bill
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(d)
a particular class or group of businesses,
but does not include pilot services.
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Actions following assessment and consultations under section 1
(1)
A public authority shall publish any assessment undertaken in accordance
with the provisions of section 1(4).
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(2)
A public authority shall publish a summary of consultations undertaken in
accordance with the provisions of section 1(5) and of the representations
received under the provisions of subsection (6) of that section.
(3)
It shall be the duty of a public authority which has taken the steps specified in
subsections (3) to (5) of section 1—
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(a)
to have due regard to the assessment before making a decision,
(b)
to have due regard to representations received as a result of the
consultations before making a decision, and
(c)
(in the event that the decision gives effect in whole or in part to the proposal)
to take such measures as it considers appropriate to prevent, reduce the impact
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of, or ameliorate any adverse effect of the implementation of the decision.
(4)
For the purposes of this section, “a decision” means a decision on whether or
not to—
(a)
close premises that provide services, or
(b)
cease to provide a particular service from particular premises,
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where the decision relates to the same premises that were the subject of the
proposal.
Planning applications and local public services
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Material changes in use affecting services to the public
(1)
The Town and Country Planning Act 1990 (c. 8) is amended as follows.
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(2)
After section 55 insert—
“55A
Material changes in use affecting services to or amenities for the
public
In this Act, the making of any material change in the use of any
buildings or other land affects services to or amenities for the public
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where the change would lead to—
(a)
significant loss of amenity for a local community, or
(b)
substantial additional costs in enabling the land or buildings to
be used for the previous purpose where that purpose was of
significant benefit to the local community.”
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(3)
After section 62(2) (applications for planning permission) insert—
“(2A)
Provision referred to in subsection (1) shall require any application to a
local planning authority for planning permission that proposes the
making of any material change in the use of any buildings or other land
to include such particulars and to be verified by such evidence as may
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be required by the local planning authority to determine matters

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relating to material changes in use affecting services to or amenities for
the public.”
(4)
After section 69 insert—
“69A
Information relating to material changes in use affecting services to or
amenities for the public
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Where an applicant is informed by the local planning authority that his
application may involve the making of a material change in the use of
buildings or other land affecting services to or amenities for the public,
the applicant shall—
(a)
give notice of the application to the parish or community
10
council for the area in which the buildings or other land is
located, and
(b)
publicise the proposed material change in use in a manner
prescribed by the local planning authority.”
(5)
After section 70(2) (determination of applications: general considerations)
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insert—
“(2A)
In dealing with any such application that involves the making of a
material change in the use of buildings or other land affecting services
to or amenities for the public, the authority shall have particular regard
to any representations by the parish or community council for the area
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in which the buildings or other land is located or by others relating to
the proposed material change in use.”
Closure of private leisure and sports facilities
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Local authorities actions in relation to leisure and sports facilities
(1)
Where a local authority receives information in whatever form that a relevant
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leisure or sports facility which is not operated by or on behalf of a public
authority may be closed, the local authority—
(a)
shall, in the specified circumstances, take appropriate steps to
endeavour to prevent the closure; and
(b)
may, in other circumstances, take appropriate steps to endeavour to
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prevent the closure.
(2)
The appropriate steps referred to in subsection (1) may include—
(a)
the giving of grants to persons or bodies by the local authority,
(b)
action by the local authority (in agreement with the current operator of
the relevant leisure or sports facility) to assist another person or body
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to operate that facility, and
(c)
any other action by the local authority taken in agreement with the
current operator of the relevant leisure or sports facility.
(3)
In this section—
“local authority” includes parish, town and community councils;
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“public authority” has the meaning given by section 6 of the Human
Rights Act 1998 (c. 42) (acts of public authorities);
“relevant leisure or sports facility” has the meaning prescribed by
regulations made by the Secretary of State;
“the specified circumstances” means circumstances where—
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(a)
in the opinion of the local authority, the closure would
adversely affect a significant number of residents in its area or
would significantly and adversely affect the environment; and
(b)
a significant number of residents in the area of the local
authority has formally requested the local authority to take
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action.
Local food strategies
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Local food strategies
(1)
The purposes of a local food strategy under this section are—
(a)
to reduce the total number of food miles,
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(b)
to promote local food economies,
(c)
to reduce local traffic and noise pollution, and
(d)
to promote more equitable access to local food.
(2)
The appropriate authority shall, within 12 months after the coming into force
of this section, prepare and publish a local food strategy.
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(3)
A local authority may prepare and publish a local food strategy.
(4)
Any authority that has prepared a local food strategy may from time to time
prepare and publish a revised strategy.
(5)
Where the appropriate authority prepares a local food strategy, it shall consult
any local authority in the area to which the strategy relates.
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(6)
Any authority that has prepared a local food strategy shall take reasonable
stpes to secure the implementation of that strategy in the form in which it was
most recently published.
(7)
In this section—
“the appropriate authority” means—
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(a)
in England, the Secretary of State, and
(b)
in Wales, the National Assembly for Wales;
“food miles” means the total distance travelled by food produce from the
place of growth or production to the place of retail sale;
“a local food economy” means a system whereby the processing and
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trading of food, including organic food, takes place principally in the
area or region where the food was produced.
Local beer delivery
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Direct delivery of beer to public houses
(1)
This section applies where—
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(a)
a public house is not owned by—
(i)
a brewery, or
(ii)
the holder of the premises licence in respect of the public house,

and
(b)
the conditions in subsections (2) and (3) are met.
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(2)
The condition in this subsection is that the holder of the premises licence in
respect of the public house has satisfied the relevant planning authority that
the public house in respect of which he holds the licence is the subject of an
exclusive supply obligation entered into by or on behalf of the owner of the
public house.
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(3)
The condition in this subsection is that the relevant planning authority has
received a joint proposal from—
(a)
the holder of the premises licence in respect of the public house, and
(b)
a brewery that is a party to the exclusive supply obligation,

for beer to be delivered from the brewery concerned directly to the public
10
house concerned (“a proposal for direct delivery”).
(4)
Where the this section applies and the conditions in subsections (2) and (3) are
met, the relevant planning authority shall inform the owner of the public house
to which the proposal for direct delivery relates of that proposal.
(5)
Where the owner of a public house is informed of a proposal for direct delivery
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in accordance with the provisions of subsection (4), it shall be the duty of the
owner to—
(a)
undertake or cause to be undertaken an assessment of the
environmental effects of the proposal,
(b)
cause a notice to be placed and maintained in a position of prominence
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within the public house that is accessible to the public summarising the
proposal, and
(c)
take such other steps as he considers appropriate to inform interested
parties of the proposal.
(6)
Before taking any decisions relating to any renewal or variation of the
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exclusive supply obligation or to the implementation of a proposal for direct
delivery of beer, an owner who has been informed of a proposal for direct
delivery shall consider—
(a)
the results of the assessment undertaken in accordance with the
provisions of subsection (5)(a),
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(b)
any representations made about the proposal.
(7)
Where the relevant planning authority is satisfied that the owner of a public
house to whom the requirements of subsections (5) and (6) apply has not
fulfilled those requirements, the relevant planning authority may instruct the
owner in writing to do so.
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(8)
Where the relevant planning authority is satisfied that the owner of a public
authority to whom the requirements of subsections (5) and (6) apply is in
default of an instruction under subsection (7) without reasonable excuse, the
relevant planning authority may take such steps falling within subsection (9)
as it considers necessary to secure compliance with those requirements.
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(9)
Steps fall within this subsection if—
(a)
they are a reasonable and proportionate exercise of the statutory
powers of the relevant planning authority, and
(b)
the relevant planning authority is satsified that they do not involve any
detriment to the holder of the premises licence concerned.
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(10)
In this section—

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“brewery” has the same meaning as in section 36B(4) of the Alcoholic
Liquor Duties Act 1979 (c. 4) (interpretation of provisions relating to
small brewery beer);
“direct delivery” means an arrangement for the delivery of beer to the
public house concerned without any intervening delivery to other
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premises owned by, or operated by or on behalf of, the owner of the
public house concerned;
“environmental effects” includes—
(a)
effects relating to the emissions of carbon dioxide and other air
pollutants,
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(b)
effects on the volume of road traffic, and
(c)
effects in relation to noise pollution;
“exclusive supply obligation” means an obligation causing the purchaser
to purchase the goods or services specified in the agreement only or
principally from one supplier for the purposes of a specific use or for
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resale;
“interested parties” has the same meaning as in section 13(4) of the
Licensing Act 2003 (c. 17) (meaning of interested party);
“premises licence” means a licence issued in accordance with the
provisions of Part 3 of the Licensing Act 2003;
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“relevant planning authority” means the local planning authority (within
the meaning of section 1 of the Town and Country Planning Act 1990
(c. 8) (local planning authorities: general)) for the area in which the
public house concerned is located.
Miscellaneous and final provisions
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7
Orders and regulations
(1)
The power conferred by this Act on the Secretary of State to make an order or
regulations shall be exercisable by statutory instrument.
(2)
Regulations made under section 4 shall be subject to annulment in pursuance
of a resolution of either House of Parliament.
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(3)
Every power conferred by this Act on the Secretary of State to make an order
or regulations includes power—
(a)
to make different provision for different cases (including different
provision in respect of different areas);
(b)
to make provision subject to such exemptions and exceptions as the
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Secretary of State thinks fit; and
(c)
to make such incidental, supplemental, consequential and transitional
provision as the Secretary of State thinks fit.
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Expenses
There shall be paid out of money provided by Parliament—
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(a)
any expenditure incurred by the Secretary of State by virtue of this Act; and
(b)
any increase attributable to this Act in the sums payable out of money so
provided under any other enactment.