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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 3

 

THE BARONESS BUSCOMBE
THE LORD LUKE

 The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.
 

Clause 4

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 3, line 10, at end insert—
"(   )  the protection of the quality of life of communities;"
Page 3, line 11, leave out paragraph (c)
Page 3, line 12, after "children" insert "and other vulnerable persons"
Page 3, line 12, leave out "from harm"
Page 3, line 13, leave out subsection (3)
Page 3, line 15, leave out paragraph (a)
Page 3, line 16, leave out paragraph (b)
Page 3, line 16, at end insert—
"(c)  the annual reports published by the Secretary of State under section (Annual report on effects of licensing policy on public health)"
 

Clause 6

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 4, line 7, leave out from "of" to end of line 8 and insert "such members of the authority as the authority shall determine"
 

Clause 8

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 5, line 24, leave out "may" and insert "shall"
 

Clause 9

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 5, line 33, at beginning insert "Subject to subsection (2A),"
Page 5, line 42, at end insert—
"(2A)  Regulations made under subsection (2) may not make provision for—
(a)  the public to be excluded from any meeting of a licensing committee or subcommittee, or
(b)  the public to be denied access to the agendas and records produced in respect of those meetings."
 

Clause 17

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 11, line 6, leave out paragraph (h) and insert—
"(h)  the maximum capacity of the premises, and
(i)  such other matters as may be prescribed."
 

After Clause 111

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Insert the following new Clause—
  "Meaning of "serious offence"
(1)  In this part "serious offence" means a relevant offence to which subsection (2) applies and in respect of which a custodial sentence of at least 30 months was imposed.
(2)  The relevant offences to which this subsection applies are—
(a)  any sexual offence, within the meaning of section 161(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (Interpretation),
(b)  any violent offence, within the meaning of section 161(3) of that Act,
(c)  any relevant offence under the Theft Act 1968 (c. 60) or the Theft Act 1978 (c. 31), and
(d)  any relevant offence under the Forgery and Counterfeiting Act 1981 (c. 45).
(3)  In subsection (2) "custodial sentence" has the same meaning as in section 76 of the Powers of the Criminal Courts (Sentencing) Act 2000 (c. 6) (meaning of "custodial sentence")."
 

Clause 112

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 62, line 32, leave out subsections (2), (3) and (4)
 

Clause 118

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 64, line 32, leave out "18" and insert "21"
Page 64, line 32, at end insert—
"(aa)  he is a fit and proper person to hold a personal licence,"
Page 64, line 36, at end insert—
"(   )  he has not been convicted of any serious offence"
Page 64, line 40, after "(a)," insert "(aa),"
Page 64, line 40, leave out "or (c)" and insert ", (c) or (d)"
Page 64, line 42, leave out from "(b)" to end of line 2 on page 65 and insert ", (c) and (d) of that subsection, the authority must give the chief officer of police for its area a notice to that effect."
Page 65, line 3, leave out from "Where" to end of line 6
Page 65, line 12, at end insert "subject to such conditions as the authority thinks fit having regard to the licensing qualification possessed by the applicant"
Page 65, line 19, at end insert—
"(   )  reject the application if it appears that the applicant fails to meet the condition in paragraph (d) of subsection (2) and it is not satisfied that the granting of the licence would not undermine the crime prevention objective, and"
Page 65, line 20, at end insert "subject to such conditions as the authority thinks fit having regard to the licensing qualifications possessed by the applicant."
 

Clause 119

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 65, line 39, leave out subsection (2) and insert—
"(2)  The relevant licensing authority must give notice of the application to the chief officer of police for its area."
Page 65, line 43, leave out from "Where" to end of line 46
Page 66, line 6, leave out subsection (4)
Page 66, line 9, at end insert "subject to such conditions as the authority thinks fit having regard to the licensing qualification possessed by the applicant"
Page 66, line 15, leave out from first "it" to ", and" in line 16 and insert "is not satisfied that the renewal of the personal licence would not undermine the crime prevention objective"
Page 66, line 17, at end insert "subject to such conditions as the authority thinks fit having regard to the licensing qualification possessed by the applicant"
 

Clause 122

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 67, line 14, leave out from "Where" to "the third" in line 18
Page 67, line 28, leave out from first "it" to end of line 29 and insert "is not satisfied that not revoking the licence would not undermine the crime prevention objective"
Page 67, line 32, at end insert—
"(   )  The authority must revoke the licence if it appears that the holder of the licence has been convicted of a serious offence."
Page 67, line 33, leave out "this section" and insert "subsection (4)"
 

Clause 123

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 68, line 2, at end insert ", and
(c)  the conditions subject to which it is granted."
 

Clause 127

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 70, line 5, at end insert—
"(   )  The court must order the forfeiture of the licence if the holder of the licence is convicted of a serious offence."
Page 70, line 6, leave out "this section" and insert "subsection (2)"
 

Clause 129

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 71, line 16, leave out subsection (2)
 

Clause 130

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 72, line 8, leave out sub-paragraph (ii)
 

Clause 173

 

THE LORD HODGSON OF ASTLEY ABBOTTS

Page 96, line 29, leave out paragraph (b)
 

After Clause 191

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Insert the following new Clause—
  "Annual report on effects of licensing policy on public health
(1)  The Secretary of State shall publish each year a report on the effects on public health of the change in licensing policy introduced under this Act.
(2)  In each report under subsection (1) the Secretary of State shall include—
    (a)  an assessment by the Chief Medical Officer of the public health advantages and disadvantages of alcohol and the licensing policy set out under this Act, including, specifically, the benefits of 24-hour drinking and the impact of the operation of the Act on young people between the ages of 16 and 21 and on children,
    (b)  a statement of the number of facilities in England and Wales offering 24-hour drinking, listed by licensing authority,
    (c)  a statement of the number of fixed penalty offences, cautions and convictions for alcohol related offences in the preceding year, together with details of the number of recorded offences under Part 7 of this Act,
    (d)  an estimate of the number of days lost to work as a result of alcohol related absence,
    (e)  an estimate of the cost to the National Health Service of treating alcohol related illness,
    (f)  a statement by the Secretary of State as to whether the reform of licensing policy has had any effect on the factors in paragraphs (b) to (e),
    (g)  a statement from the bodies representing licensing authorities under section 3(1) setting out the costs of implementing licensing policy under this Act; whether those costs have been fully recovered through fees; and the impact, if any, of policy under this Act on the level and nature of crime, vandalism, nuisance, noise or other anti-social behaviour in England and Wales, and in compiling their report under this paragraph the local government representative bodies shall consult each of the licensing authorities which are members of their associations and shall, as appropriate, report on costs and effects in each licensing authority."
 

Clause 196

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 107, line 19, at end insert "which may provide for some or all of the preceding provisions to come into force in different areas at different times"
 

Schedule 1

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 109, line 17, insert—
"(i)  a playing of a programme included in a programme service within the meaning of the Broadcasting Act 1990 (c. 42),"
Page 110, line 23, leave out paragraph 8

 
 
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©Parliamentary copyright 2002
2 December 2002