| Gambling Bill
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Mr. Caborn: I beg to move amendment No. 157, in clause 38, page 17, line 32, at end add—
The Chairman: With this it will be convenient to take Government amendments Nos. 158, 159, 167 to 170, 292, 160 to 165, 171 to 186 and 166. Mr. Caborn: The Committee will note that the Bill makes comprehensive provision for Scottish Ministers to exercise powers in place of the Secretary of State for premises in Scotland. With that in mind, it may be helpful if I set out the Government's approach to the role of the Scottish Executive under the Bill, which has been agreed with them. Gambling is a reserved matter for the UK Government under the Scotland Act 1998, but before devolution the Scottish Administration always played a significant role in the regulation of gambling, and they will continue to do so. Local licensing boards and local authorities operate the licensing of gambling premises in Scotland, and the Scottish Executive set fees and conditions on some gambling licences. Those arrangements have worked well over some years. The Government propose to standardise their approach. We believe that it is right for the Scottish Executive to take the lead in deciding the secondary legislation and conditions that are appropriate for premises and permits in Scotland. Premises licence fees will remain with local authorities in Scotland, so it seems fair for the Scottish Executive to set fees for their local authorities. In many cases, the Executive wish to align their regime for gambling with their proposals Column Number: 225 for a new alcohol licensing regime. That seems entirely reasonable to the Government, and the Bill will enable that to happen.It also seems fair that the Scottish Executive should take the lead in setting conditions on premises licenses. The impact of gambling premises in a particular locality will be for the local authority to consider. If there is to be a power to set mandatory or standard conditions, it seems more suitable for it to be exercised by the Scottish Executive, because it relates to functions undertaken by local authorities in Scotland. I am sorry that I have strayed a little in my remarks, but I thought that it would be helpful to the Committee if I set out the Government's approach to the issue at the first opportunity. All the amendments in this group are drafting amendments. A number of the offences created by the Bill—for example, the use of premises offence under clause 34—provide that the maximum period of imprisonment that can be imposed on summary conviction in Scotland is six months. Amendments Nos. 157 to 159 and 166 ensure that the main offences created by the Bill are consistent with that. In England and Wales, section 281(5) of the Criminal Justice Act 2003 increased the maximum sentence for all summary offences triable by magistrates from six months to 51 weeks. In Scotland, the maximum period of imprisonment that can be imposed on summary conviction for virtually all statutory offences is six months, and the Bill aims to achieve consistency with existing Scottish sentencing practice. That approach has been agreed with the Scottish Executive. Criminal justice is devolved to the Scottish Parliament, so it will be up to the Scottish Executive to introduce legislation to increase the maximum period of imprisonment that can be imposed on a summary conviction for statutory offences. Schedule 6 specifies a number of relevant offences that can be taken into account when considering an application for an operating licence. Amendments Nos. 167 to 170 insert into Scots law offences equivalent to those already included for England and Wales. Amendment No. 292 adds to the schedule:
Amendment No. 160 refers to clause 148, which specifies responsible bodies for premises licence applications. In England and Wales, the licensing authority is the local authority, and it may want to make representations to a licensing committee considering the details of an application in the exercise of its functions. However, in Scotland a local licensing board is the licensing authority with responsibility for considering applications and taking decisions. The only function that licensing boards have is to consider and determine applications for licences. It would Column Number: 226 therefore be nonsense for the licensing board to have power to make a representation to itself, and amendment No. 160 removes that possibility.Amendments Nos. 161, 165, 171, 173 and 176 to 178 insert powers for Scottish Ministers to set fees for copies of premises licences, gaming machine permits, lottery registration, club gaming permits and prize gaming permits for applications in Scotland. The powers follow the general policy of the Bill that licence fees paid to licence authorities in Scotland should be set by Scottish Ministers. That carries on the practice set under existing legislation. Amendments Nos. 162 and 163 give Scottish Ministers the power to specify the forms of notices in clauses 183 and 186. Amendment No. 164 excludes Scotland from the effects of clause 197. That is necessary because the clause works partly with reference to the local government best value regime south of the border. The Scottish Executive decided that they wish to set central fees for premises licensed in Scotland. Amendments Nos. 186 and 172 to 175 insert provisions for appeals to Scotland in schedules 9, 10 and 11. Amendment No. 174 excludes Scotland from the effects of paragraph 10 of schedule 10, which provides a procedure for clubs licensed under the Licensing Act 2003 to gain a club gaming licence. The 2003 Act does not apply in Scotland. My officials are working with their colleagues in the Scottish Executive to settle on arrangements for clubs in Scotland, which will be the subject of further amendments. Amendments Nos. 177 and 178 also insert correct terminology for police in Scotland. Finally, amendments Nos. 179 to 185 insert the correct reference to sequestration—the Scottish equivalent of bankruptcy—in paragraph 14 of schedule 14. The Chairman: Before we proceed with the debate, I say to the Committee that hon. Members will have noticed that all the amendments relating to Scottish business have been grouped together. They will be moved formally by the Minister as they arise later in the Bill, so they will not be debated later. Therefore, this is the opportunity for hon. Members to debate any matters relating to gaming in Scotland that they wish to raise, but it is not an opportunity for an Adjournment debate on the merits or otherwise of devolution. Mr. Moss: I have no wish to debate all the amendments relating to Scotland. I am more than happy for Scotland to get on with it and discuss them in its devolved Government. I have one question for the Minister: why have we got all these amendments at the eleventh hour? The Bill has been in gestation for months, if not years, and here we are in Committee with all these amendments that refer to Scotland. How did the Minister and his team overlook Scotland in the first place? Mr. Caborn: I do not think that we overlooked Scotland. Column Number: 227 Ann McKechin (Glasgow, Maryhill) (Lab): Will my right hon. Friend confirm whether he has had any discussions with his colleagues in the Scottish Executive regarding the application of planning law to casinos? As he will be aware, the Secretary of State has announced that as far as the law applies in England, casinos and bingo halls need a different use class order. I have checked the town and country planning legislation for Scotland: at the moment use class orders for Scotland are very similar, but casinos and bingo clubs are in the same category. Has the Minister had any discussions with his colleagues in the Scottish Executive about whether they propose to make a similar amendment to Scottish planning legislation? Mr. Caborn: We are working with the Scottish Executive. My hon. Friend will appreciate that detailed discussions are taking place to ensure that we can dovetail the measures and ensure that they operate in the best way. That is why we have tabled the amendments. I do not think that they change the policy. As I said, the amendments are broadly technical and aim to ensure that things work smoothly in Scotland. Planning is a devolved matter, so we had to table the amendments to ensure that the measures dovetail properly with devolved arrangements. As planning is devolved, the decision that we are discussing is one for the Scottish Executive. Amendment agreed to. Clause 38, as amended, ordered to stand part of the Bill.
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