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Local Services and Facilities Bill


Local Services and Facilities Bill

1

 

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

1       

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

5

(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

10

(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.

5

(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,

10

(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,

15

(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

20

(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,

25

(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.

30

(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,

35

(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

40

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,

45

(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.

2       

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).

5

(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

10

(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

15

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,

20

   

where the decision relates to the same premises that were the subject of the

proposal.

Planning applications and local public services

3       

Material changes in use affecting services to the public

(1)   

The Town and Country Planning Act 1990 (c. 8) is amended as follows.

25

(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

30

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.”

35

(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

40

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

5

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)

15

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

20

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

4       

Local authorities actions in relation to leisure and sports facilities

(1)   

Where a local authority receives information in whatever form that a relevant

25

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

30

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

35

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;

40

“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—

45

 
 

Local Services and Facilities Bill

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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

5

action.

Local food strategies

5       

Local food strategies

(1)   

The purposes of a local food strategy under this section are—

(a)   

to reduce the total number of food miles,

10

(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.

15

(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.

20

(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—

25

(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

30

trading of food, including organic food, takes place principally in the

area or region where the food was produced.

Local beer delivery

6       

Direct delivery of beer to public houses

(1)   

This section applies where—

35

(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.

40

 
 

Local Services and Facilities Bill

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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.

5

(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

15

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

20

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

25

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.

35

(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.

40

(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.

45

(10)   

In this section—

 
 

Local Services and Facilities Bill

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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

5

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,

10

(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

15

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

25

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.

30

(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

35

Secretary of State thinks fit; and

(c)   

to make such incidental, supplemental, consequential and transitional

provision as the Secretary of State thinks fit.

8       

Expenses

There shall be paid out of money provided by Parliament

40

(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.

 
 

 
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