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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

Page 2, line 40, leave out paragraph (f)
Page 2, line 41, leave out paragraph (g)
Page 2, line 41, after "Temple," insert—
"(   )  the University of Cambridge,"
 

Clause 4

 

THE LORD CLARKE OF HAMPSTEAD

Page 3, line 12, at end insert—
"(   )  the protection of residential amenity"
 

Clause 5

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 3, line 18, leave out "three years" and insert "licensing policy"
Page 3, line 23, leave out ""three year" and insert ""licensing policy"
Page 3, line 24, leave out paragraphs (a) and (b) and insert—
"(a)  in the case of a council whose members are wholly or partly elected every four years, a period of four years beginning with the date of coming into force of this Act;
(b)  in the case of a council whose members are wholly or partly elected every three years, a period of three years beginning with the date of coming into force of this Act."
Page 3, line 27, leave out "three year" and insert "licensing policy"
Page 3, line 39, leave out "three years" and insert "licensing policy"
 

Clause 6

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 4, line 8, leave out "but not more than fifteen"
Page 4, line 9, leave out subsection (2)
 

Clause 7

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 5, line 5, at end insert—
"(8A)  Nothing in this Act shall detract from the right of an elected member of a council that is a licensing authority under this Act to address or write to the licensing committee or licensing authortity in order to make representations to them on behalf of the residents of the ward, or other electoral sub-division, or the authority which he represents.
(8B)  No elected member making representations on behalf of local residents under subsection (8A) may participate in any decision made by the licensing committee or licensing authority concerning a matter about which he has made representations to them, either in public or in private."
Page 5, line 6, leave out subsection (9)
 

Clause 8

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 5, line 15, leave out subsection (2)
Page 5, line 19, at end inert "except such as is necessary to cover the costs of providing access or making available the register"
 

Clause 18

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 11, line 41, leave out from "(2)(a)" to "and" in line 43
Page 12, line 1, leave out paragraph (c)
Page 12, line 11, leave out paragraph (c)
Page 12, line 30, leave out paragraph (b)
Page 12, line 36, leave out paragraph (a)
 

Clause 19

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 12, line 41, leave out subsection (2)
 

After Clause 20

 

THE LORD CLARKE OF HAMPSTEAD

Insert the following new Clause—
  "Maximum permitted occupancy figure
(1)  Where the licensing authority deems it appropriate, a condition shall be attached to a premises licence specifying the maximum permitted occupancy figure when the premises are being used for a licensable activity and this figure must be specified on the premises licence and on the summary of the premises licence.
(2)  The maximum permitted occupancy figure must be determined by the licensing authority in consultation with the police, the fire authority and the responsible authority as defined in section 13(4)(d)."
 

Clause 23

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 14, line 20, leave out paragraph (e)
 

Clause 29

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 16, line 32, leave out subsection (2)
 

Clause 30

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 17, line 6, after "them" insert "within 28 days"
 

Clause 32

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 18, line 25, leave out paragraph (b)
Page 18, line 32, leave out subsection (4)
Page 18, line 35, leave out subsection (5)
 

Clause 35

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 20, line 41, leave out paragraph (a)
 

Clause 36

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.
 

Clause 37

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 37 stand part of the Bill.
 

Clause 38

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill.
 

Clause 39

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill.
 

Clause 40

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 40 stand part of the Bill.
 

Clause 50

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 29, line 27, at end insert—
"(1A)  Without prejudice to subsection (1), the chief officer of police for the police area in which any premises are situated must apply for a review of the premises licence for those premises if he is aware that there is being, or had been, carried on at those premises the sale, letting for hire, playing or exhibition of sound recordings, films broadcasts or cable programmes in circumstances which amount to an infringement of copyright for the purpose of the Copyright, Designs and Patents Act 1988 (c. 48).
(1B)  In subsection (1A) "sound recordings", "films", "broadcasts" and "cable programmes" have the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48) (copyright)."
 

Clause 54

 

THE BARONESS THORNTON

Page 32, line 12, leave out paragraph (b) and insert—
"(b)  prescribe guidance for licensing authorities when setting the amount of the fee and require licensing authorities to have regard to the costs of administering and enforcing the licensing scheme when doing so."
Page 32, line 18, leave out subsection (4) and insert—
"(4)  If the annual fee is not paid by the prescribed time, the relevant premises licence will lapse on that date.
(5)  If a licence lapses under the provisions of subsection (4), the former holder of that licence may for a period of three months, commencing on the date the licence lapsed, seek re-instatement of the licence.
(6)  The applicant for re-instatement shall pay to the relevant licensing authority the annual fee together with such reasonable re-instatement fee fixed in advance by that licensing authority.
(7)  The licence shall be deemed to have been re-instated as soon as the requisite fees have been received by the licensing authority."
 

Clause 70

 

THE LORD CLARKE OF HAMPSTEAD

Page 41, line 2, at end insert—
"(   )  the maximum capacity of the premises"
 

After Clause 72

 

THE LORD CLARKE OF HAMPSTEAD

Insert the following new Clause—
  "Maximum permitted occupancy figure
(1)  Where the licensing authority deems it appropriate, a condition shall be attached to a club premises certificate specifying the maximum permitted occupancy figure when the premises are being used for a licensable activity and this figure must be specified on the club premises certificate and on the summary of the club premises certificate.
(2)  The maximum permitted occupancy figure must be determined by the licensing authority in consultation with the police, the fire authority and the responsible authority as defined in section 68(4)(d)."
 

Clause 98

 

THE LORD CLARKE OF HAMPSTEAD

Page 55, line 40, leave out "ten" and insert "twenty-eight"
 

Clause 102

 

THE LORD CLARKE OF HAMPSTEAD

Leave out Clause 102 and insert the following new Clause—
  "Objection to notice by the relevant authorities
(1)  The premises user must give a copy of any temporary event notice to the relevant authorities no later than twenty-eight working days before the day on which the event period specified in the notice begins.
(2)  Where the relevant authorities receive a copy notice under subsection (1) and are satisfied that allowing the premises to be used in accordance with the notice would undermine any of the licensing objectives, they must give a notice specifying the reasons why they are so satisfied (an "objection notice")—
(a)  to the relevant licensing authority, and
(b)  to the premises user.
(3)  The objection notice must be given no later than 48 hours after the relevant authorities are given a copy of the temporary event notice under subsection (1).
(4)  Subsection (2) does not apply at any time after the relevant authorities have received a counter notice under section 105 in respect of the temporary event notice.
(5)  In this section "relevant authorities" means—
(a)  the chief officer of police, the relevant officer of the fire authority and the relevant officer of the licensing authority for the area where the premises are situated, and
(b)  where the premises are situated in two or more areas, the chief officer of police, the relevant officer of the fire authority and the relevant officer of the licensing authority for each of those areas.
 

Clause 103

 

THE LORD CLARKE OF HAMPSTEAD

Page 57, line 39, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
Page 58, line 3, leave out "crime prevention objective" and insert "licensing objectives"
Page 58, line 6, leave out "chief officer of police" and insert "officer of police or fire authority or licensing authority"
Page 58, line 23, leave out ""relevant chief officer of police"" and insert ""relevant officer of police or fire authority or licensing authority""
 

Clause 104

 

THE LORD CLARKE OF HAMPSTEAD

Page 58, line 26, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
Page 58, line 30, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
Page 59, line 2, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
Page 59, line 4, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
Page 59, line 6, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

Schedule 2

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 113, line 16, at end insert—
"(   )  the premises may be used for the exhibition of films by virtue of a Premises Licence."
 

Schedule 6

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 124, line 30, leave out paragraph (b)

 
 
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©Parliamentary copyright 2002
5 December 2002