John Hemming MP has tabled a House of Commons Motion (EDM 996) to close a loophole that gags local campaigners trying to prevent extensions of pub opening hours under the new Licensing Act 2003.
November 16, 2005 10:17 AM
JOHN HEMMING MP working with Local Liberal Democrat Campaigner ED FORDHAM have
highlighted a loophole in the new licensing laws that pubs and clubs can use to ignore the complaints of local
people.
If a club puts in an application for a late licence local people can
object to the granting of that licence. However, clubs have
learned to brush aside these objections by withdrawing their application
and then resubmitting it. The local's objections do
not roll-over onto the new application, but they are left under the
impression that they have objected.
John Hemming MP said "This loophole is frustrating many people around
the country. People feel cheated by a system that
leaves them powerless to prevent things they don't want happening in
their local area."
Ed Fordham said "It is unusual for drinking laws to leave people
confused, that side effect is more often a consequence of
the alcohol itself."
"The government needs to allow objections to roll over in these cases.
Where a similar or identical application is made it
should be assumed that the original objection still stands. At the very
least local people who have made the original
objections should be directly asked whether they wish their objection to
roll over onto the new application."
"The instance in Camden where 120 residents objected to a 4.30am
licence, the plan was withdrawn and then submitted as
a 3.30am licence very soon after has mislead residents."
John Hemming MP has laid down an Early Day Motion,
calling for the government to look for a solution to this problem as
soon as possible. "If the government were really in touch with the
issues that affect people this silly situation would never have arisen.
If they don't act swiftly on this serious questions about their
priorities will have to be asked".
NOTES:
The Licensing Act (2003) comes into effect on the 24th November this
year. It can be found here:
http://www.opsi.gov.uk/acts/acts2003/20030017.htm.
The text of John Hemming MP's Early Day Motion:
This house notes that under the Licensing Act 2003 if an application for
extended opening hours is submitted, withdrawn, and then resubmitted
slightly amended, any objections raised to the first application are not
carried forward to any subsequent, slightly amended, application;
believes that this can leave interested parties thinking that they have
submitted an objection to extended opening hours in cases where they
have not; and urges the Department for Culture, Media and Sport to look
into finding a suitable solution to this unfortunate loophole.
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