|
| |
|
| |
| |
| |
| |
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 |
| |
| |
(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”). |
| |
|
| |
| |
|
| |
|
(4) | The step specified in this subsection is to undertake an assessment of the social |
| |
and environmental impact of implementation of the proposal (“the |
| |
| |
(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, |
| |
| |
(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 |
| |
| |
(a) | persons aged 60 or over, |
| 25 |
(b) | lone parents of children aged 17 or under, |
| |
| |
(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 |
| |
| |
(a) | emissions of carbon dioxide and other air pollutants, |
| |
(b) | the volume of road traffic, |
| 35 |
| |
(d) | the environment generally in the vicinity of the premises to which the |
| |
| |
(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 |
| |
| |
(a) | members of the public generally, |
| 45 |
(b) | a particular class or group of members of the public, |
| |
(c) | businesses generally, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
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 |
| |
|
| |
|
| |
|
relating to material changes in use affecting services to or amenities for |
| |
| |
(4) | After section 69 insert— |
| |
“69A | Information relating to material changes in use affecting services to or |
| |
| 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, |
| |
| |
(a) | give notice of the application to the parish or community |
| 10 |
council for the area in which the buildings or other land is |
| |
| |
(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 |
| |
“(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 |
| |
(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. |
| |
| |
“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 |
|
| |
|
| |
|
(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 |
| |
| |
| |
(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 |
| |
| |
| |
“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. |
| |
| |
6 | Direct delivery of beer to public houses |
| |
(1) | This section applies where— |
| 35 |
(a) | a public house is not owned by— |
| |
| |
(ii) | the holder of the premises licence in respect of the public house, |
| |
| |
(b) | the conditions in subsections (2) and (3) are met. |
| 40 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(c) | take such other steps as he considers appropriate to inform interested |
| |
| |
(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 |
| |
| |
(a) | the results of the assessment undertaken in accordance with the |
| |
provisions of subsection (5)(a), |
| 30 |
(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 |
| |
|
| |
|
| |
|
“brewery” has the same meaning as in section 36B(4) of the Alcoholic |
| |
Liquor Duties Act 1979 (c. 4) (interpretation of provisions relating to |
| |
| |
“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 |
| |
| |
“environmental effects” includes— |
| |
(a) | effects relating to the emissions of carbon dioxide and other air |
| |
| 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 |
| |
“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; |
| 20 |
“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 |
| |
(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. |
| |
| |
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. |
| |
|
| |
|