Licensing Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 90

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 51, line 27, leave out "Regulations" and insert "The relevant licensing authority"
Page 51, line 31, leave out "Regulations" and insert "The relevant licensing authority"
Page 51, line 31, leave out "the relevant licensing authority" and insert "it"
Page 51, line 34, leave out "Regulations under subsection (2) may include" and insert "The relevant licensing authority may make"
Page 51, line 38, at end insert—
"(   )  Different fees may be prescribed for different cases or classes of case."
 

Clause 98

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

Page 55, line 10, leave out "72" and insert "168"
 

THE LORD COBBOLD

Page 55, line 28, leave out "(being a number less than 500)"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 55, line 40, leave out "ten" and insert "28"
 

After Clause 102

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Insert the following new Clause—
  "Objection to notice by interested parties, etc
(1)  Where an interested party or responsible authority wish to object to a temporary event notice, they may give a notice ("an interested party notice") which must state the reasons why they object and be given to—
(a)  the relevant licensing authority, and
(b)  the premises user.
(2)  The interested party notice must be given no later than 14 days after the temporary event notice was given."
 

Clause 103

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 57, line 35, after "objection notice" insert "or interested party notice"
Page 57, line 38, after "objection notice" insert "or interested party notice"
Page 57, line 39, after "objection notice" insert ", the person who gave the interested party notice"
Page 58, line 3, leave out "crime prevention objective" and insert "any of the licensing objectives"
Page 58, line 6, after "user" insert ", the person who gave the interested party notice"
Page 58, line 11, after "police" insert "and any person who gave an interested party notice"
 

Clause 104

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 58, line 26, at end insert "or any person has given an interested party notice"
Page 58, line 27, after second "notice" insert "or interested party notice"
Page 58, line 30, after "police" insert ", or (in the case of an interested party notice, the relevant licensing authority)"
 

Clause 105

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 59, line 16, leave out "or (4)" and insert "(4) or (4A)"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

Page 59, line 28, leave out "five" and insert "thirty"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 59, line 33, at end insert—
"(4A)  This subsection applies if, in respect of the whole or any part of the relevant premises, or premises which include the whole or any part of those premises, an application for a premises licence under Part 3 has been refused by the licensing authority within the same year as the event specified in notice A."
Page 59, line 34, leave out "and (4)" and insert ", (4) and (4A)"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

Page 59, line 38, leave out "24" and insert "72"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 59, line 40, leave out "or (4)" and insert ", (4) and (4A)"
 

Schedule 4

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 115, line 35, at the end insert—
      "An offence under the Children and Young Persons Act 1933 (c. 12)."
Page 116, line 22, at the end insert—
      "An offence under the Health and Safety at Work (etc) Act 1974 (c. 37)."
Page 117, line 2, at end insert—
      "An offence under section 80(4) of the Environmental Protection Act 1990 (c. 43) (statutory nuisances)."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 117, leave out lines 18 and 19
 

Clause 113

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 63, line 10, leave out "ten" and insert "five"
Page 63, line 12, leave out "ten" and insert "five"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 63, line 21, leave out "And"
 

Clause 115

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 64, line 2, at end insert—
"(   )  An application for the grant or renewal of a personal licence must be accompanied by a list of licensed premises at which the applicant has been employed, or in respect of which he has played a part in the management in the five years preceding the application."
 

Clause 118

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 65, line 3, leave out subsections (5) and (6) and insert—
"(   )  An authorised officer of the licensing authority to whom the application is made or the chief officer of police may object to the granting of a personal licence by giving the licensing authority a notice ("an objection notice")".
Page 65, line 13, leave out "In any other case" and insert "Where an objection notice is given"
 

Clause 137

 

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND
THE BARONESS BUSCOMBE
THE LORD LUKE

Page 75, line 5, at the beginning insert "Subject to subsection (3)"
Page 75, line 15, at end insert—
"(3)  In proceedings against a person for an offence to which subsection (2) applies where the offence relates to the provision of regulated entertainment and the person is a performer of the entertainment it is a defence that—
(a)  his act was due to a mistake, or to reliance on information given to him, or to an act or omission by another person, or to some other cause beyond his control, and
(b)  in the circumstances he acted reasonably."
 

Clause 157

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 85, line 30, leave out from "disorder" to "may" in line 31 and insert "in the area of a licensing authority, the licensing authority"
Page 85, line 38, leave out "magistrates' court" and insert "licensing authority"
Page 85, line 40, leave out "magistrates' court" and insert "licensing authority"
 

Clause 158

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 86, line 19, after "senior police officer" insert "or the relevant licensing authority"
Page 86, line 20, after "he" insert "or it"
Page 86, line 30, after "senior police officer" insert "or the relevant licensing authority"
Page 86, line 38, after "constable" insert "or authorised officer of the relevant licensing authority"
 

Clause 169

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 93, line 40, at the end insert—
"(   )  Where the local licensing authority considers that a period ("the celebration period") marks an occasion of exceptional local significance, it may make a licensing hours order"
 

Clause 172

 

THE LORD PHILLIPS OF SUDBURY

Page 95, line 41, after first "prize" insert "in excess of #100, or the total of all money prizes exceeds #250,"
Page 95, line 42, after "lottery" insert "(being a lottery where the expenses incurred in connection with the same exceed #2,000)"
 

Clause 173

 

THE LORD HODGSON OF ASTLEY ABBOTTS

Page 96, line 29, leave out paragraph (b)
Page 96, line 31, leave out subsection (3)
Page 96, line 44, leave out paragraph (c)
 

Schedule 5

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 118, line 25, leave out paragraph 5
 

Clause 188

 

THE LORD COBBOLD

Page 103, line 27, leave out "place" and insert "building or open space for which a licence may be applied"
 

Schedule 8

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 155, leave out lines 20 to 23
Page 155, leave out lines 36 to 38 and insert—
"(   )      A notice in the prescribed form and including a statement of the prescribed information in respect of the individual whom the holder wishes as the premises supervisor and a form of consent in the specified form given by that individual."
Page 158, leave out lines 26 to 28
Page 158, line 44, leave out "at the same time apply" to end of line 6 on page 159 and insert—
  "at any time—
(a)  give notice under section 36, or
(b)  apply under section 33 for a variation of any licence so granted,
  and for the purposes of a notice within paragraph (a) or application under paragraph (b) the applicant is to be treated as the holder of that licence."
Page 159, line 7, leave out "(1)(a) or" and insert (1)
Page 159, line 8, leave out "34 or"
Page 159, line 10, leave out "(1)(a) or" and insert "(1)"
Page 159, line 13, leave out "34 or"

 
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©Parliamentary copyright 2002
6 December 2002