London Local Authorities Bill [Lords] (By Order)

Debate between Peter Bone and Robert Neill

Wednesday 13th October 2010 Commons Chamber

[Mr Bone]

I am grateful to the Minister for the great attention he is giving to the detail of the Bill. Clearly, the Government have reservations about some aspects of it. Are they interested in a localism that derives from moving more general powers to local authorities to decide such matters, or will such private business continue to have to come through the House?

[Robert Neill]

As my hon. Friend knows, the Government are committed, through the localism and decentralisation Bill, to giving a wider range of general powers—for example, a power of general competence—but equally, it will sometimes be more appropriate and proportionate to give more specific flexibilities, such as those in the Bill. Both approaches can be part of the mix.

May I turn to the issue of entertainment involving nudity, which is addressed in clause 23? When the measure was considered in the House of Lords, the previous Government argued that it should be deleted. Clause 23 would amend the Licensing Act 2003 to allow local authorities greater powers to regulate lap-dancing clubs by allowing them to impose clauses on premises’ licences to prohibit entertainment involving nudity. That, I believe, is motivated by the concern that their powers under the 2003 Act are insufficient to allow them to prevent lap-dancing clubs operating within their area, or within certain parts of their area, or to regulate the nature of the entertainment provided within lap-dancing clubs.

When the measure was considered in the House of Lords, the previous Government sought its deletion because at the time, they were seeking the views of local authorities nationally. As a result of that consultation, they introduced legislation. Section 27 and schedule 3 to the Policing and Crime Act 2009 amended the Local Government (Miscellaneous Provisions) Act 1982 to allow local authorities the power to regulate lap-dancing clubs as sex establishments. This provides local authorities with much greater powers than those provided by the Licensing Act 2003, and those that would be provided by clause 23.

In opposition, we broadly supported the amendments to the Local Government (Miscellaneous Provisions) Act 1982 as they went through Parliament, and we remain supportive of those measures, As such, we believe that it would improve the Bill if clause 23 were deleted. It could complicate the licensing framework in London, and possibly undermine the new legislation in the Local Government (Miscellaneous Provisions) Act 1982. Given that since the London Local Authorities Bill was introduced Parliament has introduced national legislation to deal with the same issue that clause 23 seeks to address, it is no longer necessary and Home Office Ministers may well seek to have it removed. I hope that the sponsor of the Bill will reflect on that point as the Bill progresses.