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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Schedule 2

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 112, line 8, leave out "or"
Page 112, line 13, at end insert—
"(   )  at any time between those hours when members of the public, or a section of the public, are admitted to any premises, he supplies, or holds himself out as willing to supply tobacco in pipes or whatever form to any persons, or to persons of a particular description on or from the premises for consumption on the premises,"
 

Clause 4

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE VISCOUNT FALKLAND
THE LORD REDESDALE

Page 3, line 16, leave out "guidance" and insert "regulations"
 

Clause 177

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE VISCOUNT FALKLAND
THE LORD REDESDALE

 The above-named Lords give notice of their intention to oppose the Question that Clause 177 stand part of the Bill.
 

Clause 13

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 8, line 10, leave out "statutory functions" and insert "legal powers"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

Page 8, line 17, leave out "vicinity of the premises" and insert "locality"
Page 8, line 18, leave out "that vicinity" and insert "the locality"
Page 8, line 19, leave out "that vicinity" and insert "the locality"
 

Clause 17

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

Page 11, line 5, at end insert "both at the premises and in the locality"
Page 11, line 5, at end insert—
"(   )  such other matters as may be prescribed"
 

Clause 21

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 13, line 26, after "plays" insert "or adult entertainments"
Page 13, line 27, after "plays" insert "or adult entertainments"
Page 13, line 28, after "plays" insert "or adult entertainments"
 

Clause 22

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 13, line 41, at end insert—
"(   )  A determination under this section does not have effect—
(a)  until the end of the period given for appealing against the decision; or
(b)  if the decision is appealed against, until the appeal is disposed of."
 

Clause 30

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 17, line 3, leave out subsection (2) and insert—
"(   )  In determining any such application the authority shall have regard to its licensing statement and to any other material considerations.
(   )  A determination under this section does not have effect—
(a)  until the end of the period given for appealing the decision, or
(b)  if the decision is appealed against, until the appeal is disposed of."
Page 17, line 22, leave out subsections (5), (6) and (7)
 

Clause 33

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 19, line 8, after "accompanied by" insert "a short description of the proposed variation for inclusion in notices advertising the variation,"
 

Clause 35

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 20, line 19, leave out subsection (4) and insert—
"(   )  A determination under this section does not have effect—
(a)  until the end of the period for appealing is given, or
(b)  if the decision is appealed against, until the appeal is disposed of"
 

Clause 51

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 31, line 2, leave out "three" and insert "six"
Page 31, line 4, at beginning insert "or take such other steps as it deems appropriate"
Page 31, line 10, leave out "three" and insert "six"
 

Clause 68

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 39, line 21, leave out "statutory functions" and insert "legal powers"
Page 39, line 23, insert at the end "the prevention of crime and disorder, ensuring the safety of the public and protecting children from harm"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

Page 39, line 28, leave out "vicinity of the premises" and insert "locality"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 39, line 28, at the end insert "or who the licensing authority considers may be affected by the use of the premises for the purposes of a club"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

Page 39, line 29, leave out "that vicinity" and insert "the locality"
Page 39, line 30, leave out "that vicinity" and insert "the locality"
Page 39, line 31, at end insert—
"(   )  any other legitimately affected"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 40, line 7, leave out from "section" to end of line 8 and insert "legal powers means any powers, duties or obligations conferred by or under any enactment, statute or by decision of a Court"
 

Clause 70

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

Page 41, line 2, after "objectives" insert "both at the premises and in the locality"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 41, line 2, after "objectives" insert "having regard to the licensing statement of the licensing authority
(   )  a short description of the application which may be included in any notice advertising the application,"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

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

Clause 75

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 43, line 30, at end insert—
"(   )  A determination under this section does not have effect—
(a)  until the end of the period given for appealing against the decision, or
(b)  if the decision is appealed against, until the appeal is disposed of"
 

Clause 82

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 46, line 20, after "by" insert "a short description of the proposed variation which may be included in notices advertising the variation,"
 

Clause 86

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 49, line 28, leave out "three" and insert "six"
Page 49, line 30, at beginning insert "or take such other steps as it deems appropriate"
Page 49, line 36, leave out "three" and insert "six"
 

Clause 102

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 57, line 20, leave out "crime prevention objective" and insert "licensing objectives"
 

Clause 105

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Leave out Clause 105 and insert the following new Clause—
  "Temporary events
  Subject to its duty to promote the licensing objectives, having regard to its licensing statement the licensing authority may permit temporary events in its area as it sees fit"
 

Clause 109

 

THE BARONESS THORNTON

Page 62, line 14, leave out "in accordance with a premises licence" and insert "or unless a dispensation has been granted by the relevant licensing authority, to carry on any other licensable activity, in accordance with the terms of the premises licence"
 

Schedule 5

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 117, line 11, at end insert—
 

"PART A1
RELEVANT REPRESENTATIONS

 

Rejection of representations

 1.      Where a licensing authority rejects a representation from a party on the grounds that—
(a)  the person is not qualified to make relevant representations, or
(b)  the representation is not relevant to the licensing objectives, or
(c)  the representation is not relevant because it contravenes a regulation made pursuant to this Act
  he may appeal against the decision within 21 days of receiving notice of that decision.
 2.      Where a licensing authority has rejected a representation from a party, the licensing authority may not determine the application, until—
(a)  the end of the period for appealing against the decision to reject the representation, and
(b)  if the decision is appealed against, until the appeal is disposed of."
 

Before Clause 177

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE VISCOUNT FALKLAND
THE LORD REDESDALE

Insert the following new Clause—
  "Regulations
(1)  Regulations may prescribe the considerations to be followed by licensing authorities in the discharge of their functions under this Act.
(2)  Any set of regulations issued under this section shall have force for a period of three years, and may be renewed for any subsequent period of three years.
(3)  Regulations under this section shall not be made or renewed unless a draft of the statutory instrument containing them has been laid before, and approved by, a resolution of each House of Parliament."
 

Clause 188

 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 103, line 26, at end insert—
 "`public nuisance' shall include (but is not limited to) nuisance caused by noise, waste, smells and other pollutants of the environment as well as obstructions caused by persons, objects and cars"

 
 
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©Parliamentary copyright 2002
9 December 2002