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Lord Peyton of Yeovil: My Lords, I have no difficulty in assuring the noble Lord, Lord Davies of Oldham, that he has not moved me an inch, except in further entrenching my determination to seek the opinion of your Lordships' House. I do not want to mention everybody who has kindly spoken. I naturally applaud more loudly and am much more grateful to those who have supported the amendment. I am very disappointed, although not at all surprised, to hear the noble Lord, Lord Redesdale. He is so charming and so nice, but he ends up so disappointingly. I have to tell him that on this occasion I found his noble friend Lord Hooson a light that shone in the darkness. I hope that the darkness will not extinguish him ever.
I understand and sympathise with the position of my noble friend Lady Buscombe. She felt obliged to maintain a silence, but I should be happy if she would be so kind as to communicate that there was an element of disappointment that she should be forced to do so. I do not ask her to acknowledge that now, however.
I had a moment of terrible anxiety when my old friend, the noble Lord, Lord Taylor, got to his feet, because I thought that he was going to agree with me. That would have shattered my confidence.
I was particularly grateful to my noble friend Lord Carlisle, who got it absolutely clear. I hope that the noble Baroness, Lady Howe, will also accept my thanks for her support. I also thank the noble Lord, Lord Armstrong; he spoke from the Cross Benches, but I would refer to him as my noble friend.
I regret deeply that it is unlikely in the circumstances that this Division will be a remarkable victory. Nevertheless, I have no hesitation in asking for the opinion of your Lordships' House.
4.22 p.m.
On Question, Whether the said amendment (No. 1) shall be agreed to?
Their Lordships divided: Contents, 108; Not-Contents, 173.
Aberdare, L.
Ampthill, L.
Armstrong of Ilminster, L.
Arran, E.
Beaumont of Whitley, L.
Blaker, L.
Bridges, L.
Brightman, L.
Brookeborough, V.
Burnham, L.
Butterworth, L.
Caithness, E.
Campbell of Alloway, L.
Carlisle of Bucklow, L. [Teller]
Carnegy of Lour, B.
Carrington, L.
Cavendish of Furness, L.
Chalfont, L.
Chorley, L.
Colville of Culross, V.
Colwyn, L.
Craig of Radley, L.
Crathorne, L.
Crickhowell, L.
Croham, L.
Dean of Harptree, L.
Deedes, L.
Dundee, E.
Eccles of Moulton, B.
Eden of Winton, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Finlay of Llandaff, B.
Fookes, B.
Forsyth of Drumlean, L.
Fowler, L.
Gardner of Parkes, B.
Geddes, L.
Gilmour of Craigmillar, L.
Gray of Contin, L.
Henley, L.
Hooper, B.
Hooson, L.
Howarth of Breckland, B.
Howe of Aberavon, L.
Howe of Idlicote, B.
Hylton, L.
Jellicoe, E.
Jopling, L.
Knight of Collingtree, B.
Laing of Dunphail, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lang of Monkton, L.
Liverpool, E.
Lucas, L.
Lyell, L.
Maginnis of Drumglass, L.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mayhew of Twysden, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Newton of Braintree, L.
Northbourne, L.
Northesk, E.
Oakeshott of Seagrove Bay, L.
O'Cathain, B.
O'Neill of Bengarve, B.
Onslow, E.
Park of Monmouth, B.
Peyton of Yeovil, L. [Teller]
Pilkington of Oxenford, L.
Plumb, L.
Plummer of St. Marylebone, L.
Rawlinson of Ewell, L.
Rees, L.
Renton, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Selsdon, L.
Sharples, B.
Shaw of Northstead, L.
Sheppard of Didgemere, L.
Simon of Glaisdale, L.
Skelmersdale, L.
Soulsby of Swaffham Prior, L.
Stewartby, L.
Stoddart of Swindon, L.
Swinfen, L.
Thomas of Gwydir, L.
Trefgarne, L.
Trumpington, B.
Vinson, L.
Waddington, L.
Wade of Chorlton, L.
Walker of Worcester, L.
Walpole, L.
Warnock, B.
Wright of Richmond, L.
Ackner, L.
Acton, L.
Addington, L.
Alderdice, L.
Alton of Liverpool, L.
Andrews, B.
Archer of Sandwell, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Avebury, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Berkeley, L.
Bernstein of Craigweil, L.
Billingham, B.
Blackstone, B.
Borrie, L.
Bradshaw, L.
Bragg, L.
Brennan, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Bruce of Donington, L.
Burlison, L.
Campbell-Savours, L.
Carlile of Berriew, L.
Carter, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cohen of Pimlico, B.
Corbett of Castle Vale, L.
Crawley, B.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Thornton-le-Fylde, B.
Derby, Bp.
Desai, L.
Dholakia, L.
Dixon, L.
Dormand of Easington, L.
Dubs, L.
Elder, L.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Fitt, L.
Fyfe of Fairfield, L.
Gale, B.
Gilbert, L.
Gladwin of Clee, L.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gregson, L.
Grocott, L. [Teller]
Guildford, Bp.
Hamwee, B.
Hardy of Wath, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Hayman, B.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Howells of St. Davids, B.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Irvine of Lairg, L. (Lord Chancellor)
Janner of Braunstone, L.
Jay of Paddington, B.
Jones, L.
Jordan, L.
Judd, L.
King of West Bromwich, L.
Kirkhill, L.
Lea of Crondall, L.
Levy, L.
Livsey of Talgarth, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L. [Teller]
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McNally, L.
Maddock, B.
Mar and Kellie, E.
Mason of Barnsley, L.
Massey of Darwen, B.
Merlyn-Rees, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Milner of Leeds, L.
Mitchell, L.
Morgan, L.
Morris of Aberavon, L.
Newby, L.
Nicol, B.
Orme, L.
Parekh, L.
Patel of Blackburn, L.
Paul, L.
Peston, L.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Prys-Davies, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rea, L.
Redesdale, L.
Rendell of Babergh, B.
Rennard, L.
Richard, L.
Richardson of Calow, B.
Rodgers of Quarry Bank, L.
Rooker, L.
Roper, L.
Russell, E.
Sandberg, L.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Sharp of Guildford, B.
Sheldon, L.
Sheppard of Liverpool, L.
Shutt of Greetland, L.
Simon, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Stallard, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Symons of Vernham Dean, B.
Taylor of Blackburn, L.
Thomas of Gresford, L.
Thomas of Macclesfield, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Tomlinson, L.
Tope, L.
Tordoff, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Varley, L.
Wallace of Saltaire, L.
Walmsley, B.
Watson of Richmond, L.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L. (Lord Privy Seal)
Resolved in the negative, and amendment disagreed to accordingly.
4.33 p.m.
Clause 14 [Authorised persons, interested parties and responsible authorities]:
Lord Avebury moved Amendment No. 2:
- Page 8, line 44, after "business" insert "or organisation"
The noble Lord said: My Lords, having got that Second Reading debate out of the way, I hope that we can move on a little faster. I shall do my best to be brief on this amendment, the purpose of which is to allow schools, charities, not-for-profit organisations and the like to make representations in their own right. They are currently able to do so for both liquor licences and public entertainment licences. Removing that right, as the Bill does, cuts out a class of potentially interested parties. It is not practical to suggest, as Ministers have done, that someone such as the employee, the parent or the pupil would make representations on behalf of a school; and similarly for other organisations. There are going to be strict timetables for making representations. Are Ministers seriously suggesting that a hospital, for example, which is concerned about a licence application across the street, should run down the addresses of its employees in the hope that it will be able to find one who lives in the vicinity of the premises and ask that person to make representations on behalf of the whole hospital?
Continuing on the theme of hospitals, at present the Bill would allow a BUPA hospital to make direct representations because it is a business, whereas a National Health Service hospital would have to ask one of its staff members to make representations on its behalf. I can see no logic in that.
There is a further and crucially important reason why organisations should be classed as interested parties. Residents' or tenants' associations frequently act on behalf of their members where individuals are reluctant to come forward because they find it difficult or are unable to follow the procedures, or because they feel intimidated. There have been instances where licence applicants called personally on people in the vicinity and put them in a state of fear even if no actual threat was made. Some applicants are rich and powerful companies. So the private citizen may not want to antagonise them without going into detail about how the company or big group might get nasty if they felt that the resident was opposing them.
In Committee, the noble Baroness, Lady Blackstone, said that a school could object through a governor, parent, pupil or teacher living in the vicinity. Such a person could make representations, but they would do so as an individual and not in their capacity as representative of governors, parents, pupils or teachers. Their collective voice would never be heard because the governor or parent would appear by authority of the named persons living in the vicinity who would be the interested parties for the purposes of Clause 14.
The rights of residents' associations would also be extinguished. An officer of the residents' association cannot appear in that capacity but merely as an individual nominated for the purpose of a hearing by people living in the vicinity. At one point in Committee, the noble Baroness, Lady Blackstone, said that a residents' association could be an interested party but immediately contradicted herself when she added—at col. 32 of the Official Report of
13th January—that they could act only on behalf of those who had requested them to do so in objecting to a particular licence.As I understand it, if the chair of the residents' association, local conservation society, amenity group or "generic local committee"—let us call it the GLC—does not live in the vicinity of the premises, he or she would have to produce a written authorisation from one or more people who do qualify as interested parties. The status of the chair or other officer in the GLC would be no more than that of representative of the interested parties. I should be grateful if the noble Baroness would confirm what I have just said about the necessity for the person purporting to represent persons living in the vicinity to produce a written authorisation. As I see it, if they did not do that, the applicant could object and say that the person was not entitled to appear before the tribunal purely in his capacity as an officer of the GLC.
The whole point of having such an organisation is that the individual does not have to appear before what may seem to him a strange and incomprehensible tribunal, or even to have his name mentioned in that setting. It is absolutely certain that some residents who are currently happy to brief the officers of their local GLC will go silent if they have to be identified. Therefore, many valid representations will go by the board. The House has already decided that MEPs, MPs and local councillors can appear in their own right. They may be asked to do so far more regularly if people cannot look to their local amenity association. I beg to move.
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