Can a Parish Council meet in a private home?

Question

Leaving aside the desirability of meeting in a private home (not desirable I'm sure we would agree), what is the legal position? The CPALC website says: The 1972 Local Government Act specifically forbids parish councils from meeting in private homes.

I've looked though the 1972 LGA (both the original version as enacted and the revised version at www.legislation.gov.uk) but I can't see this confirmed. The only reference I can find is in Schedule 12, Part II, Para 10 (1) which says: Meetings of a parish council shall be held at such place, either within or without their area, as they may direct, but shall not be held in premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol unless no other suitable room is available either free of charge or at a reasonable cost.

Can anyone cast light on the legal position?

Thanks.

Answer 1

It certainly looks to me that you are correct. Arnold-Baker makes the same points as you. Knowles on Local Authority Meetings (Sixth edition 2012) goes slightly further. After describing the limitation on licensed premises, it comments that "the statute is otherwise silent as to place".

The meeting would, of course, require all the usual features such as public advanced notice. And since the public and press have a statutory right to attend council meetings, it would be necessary for the householder to admit anyone who wished to attend the meeting.

Otherwise, I can't see any legal consideration that would prevent a meeting being held in a private home.

Comments

Many thanks counterpoint for checking this.

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If you used your home as a meeting room, would you not need to consider fire escapes, smoke alarms, extinguishers and all manner of health and safety issues? :-)

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Thanks MrsAbster. You are certainly right that health and safety are crucial issues for all public meetings. I am assuming that the necessary risk assessments etc have been carried out. The question  still remains: is it against the law to hold a PC meeting in a private home? and counterpoint has dealt with this.

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It has now been brought to my attention that the 1972 Local Government Act DOES specifically forbid meetings in private homes. Section 134 which deals with parish council meeting places says at paragraph 3:
Nothing in this section shall authorise—
(a) the use of a room used as part of a private dwelling

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Well, that's interesting! But I'm by no means certain that clause 134 prohibits the use of a private house for a meeting. Looking at the context, section 134 is about places where a council is *entitled* to hold a meeting. It seems to me that the relevant sentence may need to be interpreted as saying that section 134 does not give a council the right to hold a meeting anywhere that is part of a private dwelling. I'm not sure that it is saying that a council may not hold a meeting in a private house, subject to the permission of the householder.

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Many thanks counterpoint for your perceptive analysis of this section. Looking at it again, I am sure that you are correct. Certainly it would seem odd to me for the Act to write Schedule 12 quoted above, which deals with the question of where Parish Councils may meet, without referring in it to a proscription on private homes.