London Local Authorities Bill [Lords]

I really ought to press on and get to the other amendments. I do apologise to my hon. Friend. I will deal with amendments 17 to 20, as they go together. Amendment 17 would delete subsection (1)(a) of clause 7, which deals with charges for permitting the use of objects, and so on, on the highway. Subsection (1)(a) refers to"““the cleansing of streets in which permitted activities take place so far as that cleansing is attributable to permitted activities””." Basically, amendment 17 would prevent local authorities from being able to charge restaurants, theatres and so on for having to clean the streets outside such venues. Amendment 18 is a technical amendment, consequent on amendment 17, and would delete ““and”” in clause 7(1)(a). Amendment 19 would leave out clause 7(1)(b), which refers to"““any reasonable administrative or other costs incurred in connection with the administration of Part VIIA of the 1980 Act (provision of amenities on certain highways) in relation to relevant permissions””." That would prevent councils from charging shops and restaurants extra for administering the cleaning of the streets outside their venues. Amendment 20 would leave out clause 7(1)(c), which refers to"““the cost of enforcing…the provisions of Part VIIA of the 1980 Act so far as it relates to permitted activities…section 130 of the 1980 Act (protection of public rights) in relation to activities which are capable of being authorised by a relevant permission but are not…the law in relation to obstruction of the highway in relation to activities which are capable of being authorised by a relevant permission but are not.””" The explanatory notes state that clause 7"““would allow London borough councils to take into account additional considerations when setting the level of charges in relation to cases where they have given their permission under section 115E(1)(b)(i), namely where they have given permission for the placing of objects on the highway where doing so will result in the production of income. A typical example of when this might happen is where the Council has given permission for a restaurant to place tables and chairs on the highway. Clause 7 would enable the council, when setting the charges, to include in their calculations reasonable costs in the aggregate incurred in relation to the reasonable administrative or other costs incurred in granting permissions, additional street cleansing costs arising from activities for which permission is granted, and additional enforcement costs.””" My amendments would remove the provisions in clause 7 that would allow councils to charge extra for the cost of enforcing the cleaning. Presumablylocal authorities agree to let businesses have street furniture on the highway because they think that doing so is a good thing for their local residents. If so, why do local authorities not let those businesses just get on with it?