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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Schedule 1

 

THE LORD BISHOP OF LONDON

Page 110, line 29, leave out "any entertainment or entertainment facilities" and insert "anything in a place of public religious worship or"
 

Clause 8

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 5, line 10, after "certificate" insert "and all relevant contact details that the Secretary of State may by regulation require"
Page 5, line 10, leave out "and personal licence issued by it"
 

Clause 10

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

Page 6, line 7, after "officer" insert "or a panel of officers"
Page 6, line 10, after "officer" insert "or a panel of officers"
 

Clause 12

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

Page 7, line 20, at end insert "whichever of the authorities is agreed by those authorities unanimously to be the relevant authority, or if no such agreement is reached"
 

Clause 13

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

Page 8, line 18, leave out "representing" and insert "which the licensing authority considers is representative of"
Page 8, line 20, at end insert—
"(   )  the Member of the European Parliament, the Member of Parliament and the local ward councillors for the constituency or ward in which the premises are situated."
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

Page 8, line 20, at end insert—
"(   )  any other legitimately affected person"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

Page 8, line 31, at end insert "or preventing crime and disorder"
 

Clause 15

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

Page 8, line 31, at end insert—
"(   )  the local weights and measures authority for the area in which the premises are situated,"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 9, line 5, leave out subsection (1)
 

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—
"(   )  the maximum capacity of the premises"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

Page 11, line 5, at end insert—
"(   )  what provision the applicant proposes to take with regard to children on the premises"
 

Clause 18

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

Page 11, line 25, at end insert—
"(   )  Where an application for a premises licence is received by a licensing authority but—
(a)  it is not made in accordance with section 17, or
(b)  the authority is not satisfied under subsection (1)(b)
 the authority shall return the application to the applicant indicating its reasons for doing so."
 

THE LORD BROOKE OF SUTTON MANDEVILLE

Page 12, line 16, leave out subsections (7) and (8)
 

Clause 22

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 14, line 10, at end insert—
"(   )  Where a licensing authority has failed to come to a decision about the granting of a premises licence within 30 days of the application, the applicant may assume the application to have been granted and commence trading."
 

Clause 44

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 25, line 27, after "must" insert "within 30 days of receipt of application"
 

Clause 45

 

THE BARONESS BUSCOMBE
THE LORD LUKE

 The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill.
 

Clause 54

 

THE LORD COBBOLD

Page 32, line 10, leave out ("other than section 50")
Page 32, line 11, leave out "and" and insert "the amount of which to be determined by the licensing authority on the basis of cost recovery"
Page 32, line 12, leave out paragraph (b)
 

Clause 60

 

THE LORD LESTER OF HERNE HILL

Page 35, line 28, at end insert—
"(7)  Condition 6 is that the club may not practise sex discrimation in the arrangements made or operated as regards—
(a)  admission to membership or admission as an associate member; or
(b)  the terms and benefits of the membership or the terms and benefits of participation as an associate member; or
(c)  the termination of membership or the termination of associate membership; or
(d)  the provision of goods, facilities or services of the club to the public or to a section of the public, within the meaning of section 29 of the Sex Discrimination Act 1975 (c. 65) (goods, facilities, services and premises)."
 

Clause 61

 

THE LORD FAULKNER OF WORCESTER

Page 35, line 28, at end insert—
(7)  Nothing in the following condition applies to a club which restricts membership to persons of one sex.
(8)  Condition 6 is that the club does not—
(a)  in the case of a woman who is not a member, discriminate against her—
(i)  in the terms on which it is prepared to admit her to membership; or
(ii)  by refusing or deliberately omitting to accept her application for membership;
(b)  in the case of a woman who is a member or associate of the club, discriminate against her—
(i)  in the way it affords her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them;
(ii)  in the case of a member, by depriving her of membership, or varying the terms on which she is a member;
(iii)  in the case of a member, by offering her rights of participation in the governance of the club of lesser efficacy than a male member of the club;
(iv)  in the case of an associate, by depriving her of her rights as an associate, or varying those rights;
(v)  in the case of an associate, by offering her rights of participation in the governance of the club of lesser efficacy than a male associate of the club; or
(vi)  in either case, by subjecting her to any other form of detriment;
(c)  in offering (whether for payment or not) goods, facilities or services to persons who are not members or associates of the club, discriminate against a woman who is not a member or associate of the club and who seeks to obtain or use those goods, facilities or services—
(i)  by refusing or deliberately omitting to provide her with any of them;
(ii)  by refusing or deliberately omitting to provide her with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in his case in relation to a man who is not a member or associate of the club.
(9)  The following are examples of the facilities and services mentioned in condition 6—
(a)  access to and any use of any place where persons who are not members or associates of the club are permitted to enter;
(b)  accommodation in a hotel, boarding house or other similar establishment;
(c)  facilities for entertainment, recreation or refreshment;
(d)  facilities for transport or travel
(10)  For the purposes of condition 6(a)—
(a)  a person is a member of a club if he belongs to it by virtue of his admission to any sort of membership provided for by any constitution, rule, policy or practice of the club (and is not merely a person with certain rights by virtue of his membership of some other club) and references to membership of a club shall be construed accordingly;
(b)  a person is an associate of a club if, not being a member of it, he has under or by its constitution, rule, policy or practice some or all of the rights enjoyed by members (or would have apart from any constitution, rule, policy or practice thereof authorising the refusal of those rights in particular cases).
(11)  Nothing in condition 6 shall affect—
(a)  the provision of separate facilities or services, or the separate use of facilities or services, for men and women, if the facilities or services are provided for, or are likely to be used by, two or more persons at the same time and—
(i)  the facilities or services are such, or those persons are such, that male users are likely to suffer serious embarrassment at the presence of a woman;
(ii)  the facilities or services are such that a user is likely to be in a state of undress and a male user might reasonably object to the presence of a female user; or
(iii)  the facilities or services are such that physical contact between the user and any other person is likely, and that other person might reasonably object if the user were a woman; or
(b)  the provision of facilities or services restricted to men, or of separate facilities or services for men and women, if—
(i)  the club exists for the purposes of an organized religion; and
(ii)  such restrictions or use are maintained so as to comply with the doctrines of that religion or avoid offending the religious susceptibilities of a substantial number of its followers."
 

After Clause 61

 

THE LORD LESTER OF HERNE HILL

Insert the following new Clause—
  "Exceptions from condition 6 for certain clubs
  Condition 6 in section 61 (other than subsection (7)(d)) does not apply if the main object of the club is to enable the benefits of membership (whatever they may be) to be enjoyed wholly by men or wholly by women (as the case may be); and in determining whether that is the main object of an association, regard shall be had to the essential character of the association and to all relevant circumstances including, in particular, the extent to which the affairs of the association are so conducted that the persons enjoying the benefits of membership are wholly men or women (as the case may be)."
 

Clause 158

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 86, line 36, at end insert—
"(   )  specify whether the premises must close in its entirety or simply cease the sale of alcohol."

 
 
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©Parliamentary copyright 2002
10 December 2002