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

House of Lords

back to previous amendments

 

Clause 7

 

THE LORD HODGSON OF ASTLEY ABBOTTS

121Page 5, line 5, at end insert—
"(   )  Where a licensing committee receives licensing applications which involve its own local authority, it shall refer such cases to a magistrates' court for determination."
 

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

122Page 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 authority 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."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

123Page 5, line 6, leave out subsection (9)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

 The Lord Brooke of Sutton Mandeville gives notice of his intention to oppose the Question that Clause 7 stand part of the Bill.
 

Clause 8

 

THE BARONESS BUSCOMBE
THE LORD LUKE

124Page 5, line 10, after "certificate" insert "and all relevant contact details that the Secretary of State may by regulation require"
125Page 5, line 10, leave out "and personal licence issued by it"
126Page 5, line 15, leave out subsection (2)
127Page 5, line 19, at end insert "except such as is necessary to cover the costs of providing access or making available the register"
128Page 5, line 24, leave out "may" and insert "shall"
 

Clause 9

 

THE BARONESS BUSCOMBE
THE LORD LUKE

129Page 5, line 33, at beginning insert "Subject to subsection (2A),"
130Page 5, line 42, at end insert—
"(2A)  Regulations made under subsection (2) may not make provision for—
(a)  the public to be excluded from any meeting of a licensing committee or sub-committee, or
(b)  the public to be denied access to the agendas and records produced in respect of those meetings."
 

THE LORD BROOKE OF SUTTON MANDEVILLE

 The Lord Brooke of Sutton Mandeville gives notice of his intention to oppose the Question that Clause 9 stand part of the Bill.
 

Clause 10

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

131Page 6, line 7, after "officer" insert "or a panel of officers"
132Page 6, line 10, after "officer" insert "or a panel of officers"
 

Clause 12

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

133Page 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 LORD BROOKE OF SUTTON MANDEVILLE

134Page 8, line 3, at the end insert—
"(   )  any other person who, in pursuance of arrangements made with the licensing authority, is so authorised, and any employee of such person,"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE

135Page 8, line 10, leave out "statutory functions" and insert "legal powers"
136Page 8, line 12, at end insert ", the prevention of crime and disorder, ensuring the safety of the public and protecting children from harm"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

137Page 8, line 12, at end insert—
"(   )  any other person who, in pursuance of arrangements made with the local authority, is so authorised, and any employee of such person,"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

138Page 8, line 17, leave out "vicinity of the premises" and insert "locality"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE

139Page 8, line 17, at end insert "or any other person who the licensing authority considers may be affected by the use of the premises for licensable activities"
140Page 8, line 18, leave out "representing" and insert "which, or individual who, the licensing authority considers is representative of"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

141Page 8, line 18, leave out "representing" and insert "which the licensing authority considers is representative of"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

142Page 8, line 18, leave out "that vicinity" and insert "the locality"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE

143Page 8, line 18, at end insert—
"(   )  a body which the licensing authority considers is representative of amenity interests in that vicinity,"
144Page 8, line 19, after "business" insert "or other organisations located"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

145Page 8, line 19, leave out "that vicinity" and insert "the locality"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE

146Page 8, line 20, leave out "businesses" and insert "organisations"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

147Page 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

148Page 8, line 20, at end insert—
"(   )  any other legitimately affected person."
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE

149Page 8, line 28, leave out from "authority" to end of line 31 and insert "for the area in which the premises are situated"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

150Page 8, line 31, at end insert "or preventing crime and disorder"
151Page 8, line 31, at end insert—
"(   )  the local weights and measures authority for the area in which the premises are situated,"
 

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

152*Page 8, line 43, leave out paragraph (g)
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE

153Page 8, line 44, leave out from "section," to end of line 45 and insert ""legal powers" means any powers, duties or obligations conferred by or under any enactment, statute or by a decision of a court"
 

Clause 15

 

THE BARONESS BUSCOMBE
THE LORD LUKE

154Page 9, line 5, leave out subsection (1)
 

THE LORD HODGSON OF ASTLEY ABBOTTS

155Page 9, line 5, leave out ", in relation to a premises licence,"
 

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

156Page 9, line 6, leave out from "individual" to end of line 7 and insert "personal licence holder who has obtained the signed consent of the premises licence holder to such designation and served the prescribed form upon the chief officer of police and the relevant licensing authority"
 

THE LORD HODGSON OF ASTLEY ABBOTTS

157Page 9, line 6, leave out "in that licence"
 

Clause 17

 

THE BARONESS BUSCOMBE
THE LORD LUKE

158Page 10, line 26, at beginning insert "where the premises are of a prescribed description,"
 

THE LORD HODGSON OF ASTLEY ABBOTTS

159Page 10, line 29, leave out paragraph (c)
 

THE BARONESS BUSCOMBE
THE LORD LUKE

160*Page 10, line 30, leave out from "a" to end of line 33 and insert "notice in the prescribed form and including a statement of the prescribed information in respect of the individual whom the holder wishes to nominate as the premises supervisor and a form of consent in the prescribed form given by that individual."
 

THE LORD BROOKE OF SUTTON MANDEVILLE

161Page 10, line 34, leave out "the prescribed form" and insert "such form as may be required by the licensing authority"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

162*Page 10, line 36, leave out paragraph (a) and insert—
"(   )  a description of the proposed relevant licensable activities, including such details as may be required by the authority in its statement of licensing policy,"
 

THE LORD HODGSON OF ASTLEY ABBOTTS

163Page 10, line 43, leave out paragraph (e)
 

THE BARONESS BUSCOMBE
THE LORD LUKE

164Page 11, line 4, leave out paragraph (g)
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE

165Page 11, line 5, at end insert "having regard to the licensing statement of the local authority,
(   )  a short description of the application which may be included in any notice advertising the application, and"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

166*Page 11, line 5, at end insert "both at the premises and in the locality"
167Page 11, line 5, at end insert—
"(   )  the maximum capacity of the premises, and"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

168Page 11, line 5, at end insert—
"(   )  what provision the applicant proposes to take with regard to children on the premises, and"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

169Page 11, line 5, at end insert—
"(   )  the maximum capacity of the premises, and"
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

170Page 11, line 6, leave out paragraph (h)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

171Page 11, line 6, leave out "prescribed" and insert "required by the licensing authority"
 

THE LORD HODGSON OF ASTLEY ABBOTTS

172Page 11, line 7, leave out subsection (5)
 

Clause 18

 

THE BARONESS BUSCOMBE
THE LORD LUKE

173Page 11, line 25, at end insert—
"(   )  The licensing authority is under a duty to act promptly in the determination of applications under this section."
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

174Page 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
THE VISCOUNT FALKLAND
THE LORD REDESDALE

175Page 11, leave out lines 26 and 27 and insert—
"(   )  In determining any such application the authority shall have regard to its licensing statement and to any other material considerations, and in granting a licence may impose—"
176Page 11, line 28, after "the" insert "licensing statement or the"
177Page 11, line 31, at end insert—
"(c)  such conditions as may be required for the promotion of the licensing objectives, whether or not consistent with the operating schedule accompanying the application."
 

THE LORD HODGSON OF ASTLEY ABBOTTS

178Page 11, line 33, after "them" insert "within no more than fourteen days"
 

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

179Page 11, line 41, leave out from "(2)(a)" to "and" in line 43
 

THE LORD BROOKE OF SUTTON MANDEVILLE
THE VISCOUNT FALKLAND
THE LORD REDESDALE

180Page 11, line 45, at end insert—
"(iii)  the conditions mentioned in subsection (2)(c) modified to such extent as the authority considers necessary for the promotion of the licensing objectives."
 

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

181Page 12, line 1, leave out paragraph (c)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

182Page 12, line 10, leave out paragraph (b)
 

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

183Page 12, line 11, leave out paragraph (c)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

184Page 12, line 16, leave out subsections (7) to (9)
185Page 12, line 16, leave out subsections (7) and (8)
186Page 12, line 29, after "situated" insert "or by an authorised officer of the licensing authority for the area in which the premises are situated"
 

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

187Page 12, line 30, leave out paragraph (b)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

188Page 12, line 30, leave out "exceptional"
189Page 12, line 31, after "is" insert "or they are"
190Page 12, leave out line 33 and insert "licensing objectives"
 

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

191Page 12, line 36, leave out paragraph (a)

 
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©Parliamentary copyright 2002
11 December 2002