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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 5th December 2002, as follows—

Clause 1
Schedules 1 and 2
Clauses 2 to 4
Clause 177
Clauses 5 to 8
Schedule 3
Clauses 9 to 111
Schedule 4
Clauses 112 to 176
Schedule 5
Clauses 178 to 196
Schedules 6 to 8

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD FAULKNER OF WORCESTER

1Page 1, line 9, at end insert—
"(e)  the provision of indoor spaces in which smoking is permitted in premises where other licensable activities are carried on."
 

Schedule 1

 

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

2*Page 108, line 10, leave out paragraph (b)
3*Page 108, line 11, leave out "sub-paragraphs (2) and (3)" and insert "sub-paragraph (2)"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

4Page 108, line 14, leave out "to any extent"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS PERRY OF SOUTHWARK

5Page 108, line 14, at end insert "(otherwise than by an educational or religious institution)"
 

THE LORD PHILLIPS OF SUDBURY

6*Page 108, line 19, at end insert—
 "other than in circumstances where the whole proceeds of the entertainment, after deduction of expenses thereof, and the relevant expenses of any exempt lottery under the provisions hereof, are applied for purposes other than private gain"
 

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

7*Page 108, line 20, leave out sub-paragraph (3)
8Page 108, line 33, after "facilities" insert "other than a person who is a performer in relation to the entertainment or a person representing such performers in dealings with the promoters of the entertainment"
9Page 109, line 11, leave out paragraph (c)
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

10*Page 109, line 12, after "boxing" insert ", martial arts"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

11Page 109, line 13, leave out paragraph (e)
 

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

12*Page 109, line 14, leave out "playing" and insert "performance"
13*Page 109, line 14, at end insert "to the public"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

14*Page 109, line 15, at end insert—
"(   )  a performance of comedy which is not a play,"
15*Page 109, line 15, at end insert—
"(   )  a performance of hypnotism,"
16*Page 109, line 17, after "paragraph" insert "(d),"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

17Page 109, line 17, at end insert—
"(i)  a playing of a programme included in a programme service within the meaning of the Broadcasting Act 1990 (c. 42),"
 

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

18*Page 109, line 17, at end insert—
"(   )  dancing,
(   )  making music,"
19*Page 109, line 20, at end insert "or for participation by the public"
20*Page 109, line 25, leave out paragraph 3
 

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

21Page 110, line 16, leave out "recorded"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

22Page 110, line 23, leave out paragraph 8
 

THE LORD BISHOP OF LONDON

23Page 110, line 29, leave out "any entertainment or entertainment facilities" and insert "anything in a place of public religious worship or"
 

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

24Page 110, line 29, after "facilities" insert "which is undertaken in a place whose primary purpose is for religious worship or which is made"
 

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

25Page 110, line 32, at end insert—
 

"Unamplified music incidental to certain other activities

    (1)   The provision of entertainment consisting of the performance of live music (and not comprising or including the playing of recorded music) is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that the conditions specified in sub-paragraph (2) are satisfied and to the extent that it is incidental to some other activity that is not itself—
(a)  entertainment of a description falling within paragraph 2, or
(b)  the provision of entertainment facilities.
(2)      The conditions referred to in sub-paragraph (1) are that—
(a)  the other activity referred to in sub-paragraph (1) is the subject of, and is undertaken in accordance with, a licence granted under this Act;
(b)  the number of persons undertaking the activity referred to in paragraph (a) does not exceed 100 or such other number of persons permitted to be present in accordance with the licence referred to in paragraph (a); and
(c)  the live music being performed is not provided in whole or part by means of, or with the assistance of, electrical or electronic amplification, or made more readily audible by such amplification either in the place where the performance is occurring or in any other place."
26Page 110, line 32, at end insert—
 

"Small premises

      The provision of entertainment or entertainment facilities is not to be regarded as regulated entertainment for the purposes of this Act if—
(a)  it is undertaken on premises on which no more than 250 persons are present;
(b)  no charge is made for entry; and
(c)  the provision of the entertainment ceases no later than 11 pm."
 

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

27Page 110, line 32, at end insert—
 

"Educational and social establishments

       The provision of entertainment or entertainment facilities is not to be regarded as regulated entertainment for the purposes of this Act if it is undertaken on the premises of—
(a)  an educational establishment for purposes directly connected to the activities of the establishment;
(b)  a prison for purposes incidental to the activities of the prison;
(c)  a hospital for purposes incidental to the activities of the hospital; or
(d)  a museum or public gallery for purposes incidental to the activities of the museum or public gallery."
 

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

28Page 111, line 13, leave out sub-paragraph (2)
 

THE LORD HODGSON OF ASTLEY ABBOTTS

29Page 111, line 23, leave out "(other than" and insert "(including"
 

THE LORD BRIDGES

30*Page 111, line 38, at end insert—
"(2)      For the avoidance of doubt, "music" does not include the ringing of church bells, for the purposes of this Act."
 

Schedule 2

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

31*Page 112, line 5, leave out "5.00" and insert "7.00"
32*Page 112, line 6, leave out first "hot" and insert "immediately consumable"
33*Page 112, line 6, leave out second "hot" and insert "immediately consumable"
34*Page 112, line 11, leave out first "hot" and insert "immediately consumable"
35*Page 112, line 11, leave out second "hot" and insert "immediately consumable"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

36Page 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,"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

37*Page 112, line 17, at end insert—
 

"Immediately consumable food or immediately consumable drink

 2      Food or drink supplied on or from any premises is "immediately consumable" for the purposes of this Schedule if the food or drink, or any part of it, can be consumed—
(a)  without the need for it to be heated or otherwise prepared (whether or not on the premises), and
(b)  without the need to use any device which does not form part of the packaging in which the food or drink is contained, to open that packaging."
38*Page 112, line 18, leave out paragraph 2
39*Page 112, line 29, leave out first "hot" and insert "immediately consumable"
40*Page 112, line 29, leave out second "hot" and insert "immediately consumable"
41*Page 112, line 33, leave out first "hot" and insert "immediately consumable"
42*Page 112, line 33, leave out second "hot" and insert "immediately consumable"
43*Page 113, line 8, leave out first "hot" and insert "immediately consumable"
44*Page 113, line 8, leave out second "hot" and insert "immediately consumable"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

45Page 113, line 16, at end insert—
"(   )  the premises may be used for the exhibition of films by virtue of a premises licence."
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

46*Page 113, line 20, leave out "hot" and insert "immediately consumable"
47*Page 113, line 21, leave out "hot" and insert "immediately consumable"
48*Page 113, line 22, leave out first "hot" and insert "immediately consumable"
49*Page 113, line 22, leave out second "hot" and insert "immediately consumable"
50*Page 113, line 23, leave out first "hot" and insert "immediately consumable"
51*Page 113, line 23, leave out second "hot" and insert "immediately consumable"
52*Page 113, line 25, leave out first "hot" and insert "immediately consumable"
53*Page 113, line 25, leave out second "hot" and insert "immediately consumable"
54*Page 113, line 27, leave out "Hot" and insert "Immediately consumable"
55*Page 113, line 29, leave out "hot" and insert "immediately consumable"
56*Page 113, line 31, leave out "hot" and insert "immediately consumable"
57*Page 113, line 33, leave out first "Hot" and insert "immediately consumable"
58*Page 113, line 33, leave out second "hot" and insert "immediately consumable"
59*Page 113, line 34, leave out first "hot" and insert "immediately consumable"
60*Page 113, line 34, leave out second "hot" and insert "immediately consumable"
 

Clause 3

 

THE BARONESS BUSCOMBE
THE LORD LUKE

61Page 2, line 33, leave out subsection (1)
 

THE LORD HODGSON OF ASTLEY ABBOTTS

62Page 2, line 34, leave out paragraph (a)
 

THE BARONESS BUSCOMBE
THE LORD LUKE

63Page 2, line 40, leave out paragraph (f)
64Page 2, line 41, leave out paragraph (g)
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS PERRY OF SOUTHWARK

65Page 2, line 41, after "Temple," insert—
"(   )  the University of Cambridge,"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

66*Page 3, line 1, at end insert—
"(   )  for purposes of personal licences, the central licensing authority"
 The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.

 
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©Parliamentary copyright 2002
11 December 2002