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

House of Lords

back to previous amendments

 

Clause 98

 

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

337Page 55, line 10, leave out "72" and insert "168"
 

THE LORD COBBOLD

338Page 55, line 28, leave out "(being a number less than 500)"
 

THE LORD CLARKE OF HAMPSTEAD
THE LORD BROOKE OF SUTTON MANDEVILLE

339Page 55, line 40, leave out "ten" and insert "twenty-eight"
 

Clause 102

 

THE LORD BROOKE OF SUTTON MANDEVILLE

340Page 57, line 20, leave out "crime prevention objective" and insert "licensing objectives"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

341*Page 57, line 24, leave out "48 hours" and insert "five days"
 

THE LORD CLARKE OF HAMPSTEAD

342Leave out Clause 102 and insert the following new Clause—
  "Objection to notice by the relevant authorities
(1)  The premises user must give a copy of any temporary event notice to the relevant authorities no later than twenty-eight working days before the day on which the event period specified in the notice begins.
(2)  Where the relevant authorities receive a copy notice under subsection (1) and are satisfied that allowing the premises to be used in accordance with the notice would undermine any of the licensing objectives, they must give a notice specifying the reasons why they are so satisfied (an "objection notice")—
(a)  to the relevant licensing authority, and
(b)  to the premises user.
(3)  The objection notice must be given no later than 48 hours after the relevant authorities are given a copy of the temporary event notice under subsection (1).
(4)  Subsection (2) does not apply at any time after the relevant authorities have received a counter notice under section 105 in respect of the temporary event notice.
(5)  In this section "relevant authorities" means—
(a)  the chief officer of police, the relevant officer of the fire authority and the relevant officer of the licensing authority for the area where the premises are situated, and
(b)  where the premises are situated in two or more areas, the chief officer of police, the relevant officer of the fire authority and the relevant officer of the licensing authority for each of those areas."
 

After Clause 102

 

THE LORD BROOKE OF SUTTON MANDEVILLE

343Insert 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

344Page 57, line 35, after "notice" insert "or interested party notice"
345Page 57, line 38, after "notice" insert "or interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

346Page 57, line 39, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

347Page 57, line 39, after "notice" insert ", the person who gave the interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

348Page 58, line 3, leave out "crime prevention objective" and insert "licensing objectives"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

349Page 58, line 3, leave out "crime prevention objective" and insert "any of the licensing objectives"
350Page 58, line 6, after "user" insert ", the person who gave the interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

351Page 58, line 6, leave out "chief officer of police" and insert "officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

352Page 58, line 11, after "police" insert "and any person who gave an interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

353Page 58, line 23, leave out ""relevant chief officer of police"" and insert ""relevant officer of police or fire authority or licensing authority""
 

Clause 104

 

THE LORD CLARKE OF HAMPSTEAD

354Page 58, line 26, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

355Page 58, line 26, at end insert "or any person has given an interested party notice"
356Page 58, line 27, after second "notice" insert "or interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

357Page 58, line 30, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

358Page 58, line 30, after "police" insert ", or (in the case of an interested party notice, the relevant licensing authority)"
 

THE LORD CLARKE OF HAMPSTEAD

359Page 59, line 2, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
360Page 59, line 4, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
361Page 59, line 6, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

Clause 105

 

THE LORD BROOKE OF SUTTON MANDEVILLE

362Page 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

363Page 59, line 28, leave out "five" and insert "thirty"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

364Page 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."
365Page 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

366Page 59, line 38, leave out "24" and insert "72"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

367Page 59, line 40, leave out "or (4)" and insert ", (4) and (4A)"
368Leave 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 BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

369*Page 62, line 14, after "alcohol" insert "or provide regulated entertainment"
 

THE BARONESS THORNTON

370Page 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"
 

Clause 110

 

THE BARONESS BUSCOMBE
THE LORD LUKE

 The above-named Lords give notice of their intention to oppose the Question that Clause 110 stand part of the Bill.
 

After Clause 111

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

371Insert the following new Clause—
  "Meaning of "serious offence"
(1)  In this Part "serious offence" means a relevant offence to which subsection (2) applies and in respect of which a custodial sentence of at least 30 months was imposed.
(2)  The relevant offences to which this subsection applies are—
(a)  any sexual offence, within the meaning of section 161(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (interpretation),
(b)  any violent offence, within the meaning of section 161(3) of that Act,
(c)  any relevant offence under the Theft Act 1968 (c. 60) or the Theft Act 1978 (c. 31), and
(d)  any relevant offence under the Forgery and Counterfeiting Act 1981 (c. 45).
(3)  In subsection (2) "custodial sentence" has the same meaning as in section 76 of the Powers of the Criminal Courts (Sentencing) Act 2000 (c. 6) (meaning of "custodial sentence")."
 

Schedule 4

 

THE LORD BROOKE OF SUTTON MANDEVILLE

372Page 115, line 35, at end insert—
      "An offence under the Children and Young Persons Act 1933 (c. 12)."
373Page 116, line 22, at end insert—
      "An offence under the Health and Safety at Work (etc) Act 1974 (c. 37)."
374Page 117, line 2, at end insert—
      "An offence under section 80(4) of the Environmental Protection Act 1990 (c. 43) (statutory nuisances)."
 

Clause 112

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

375Page 62, line 32, leave out subsections (2) to (4)
 

Clause 113

 

THE LORD BROOKE OF SUTTON MANDEVILLE

376Page 63, line 10, leave out "ten" and insert "five"
377Page 63, line 12, leave out "ten" and insert "five"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

378Page 63, line 21, leave out "And"
 

Clause 115

 

THE BARONESS BUSCOMBE
THE LORD LUKE

379*Page 63, line 37, leave out subsection (2) and insert—
"(   )  An application for the grant of a personal licence must be made to the central licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

380Page 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 116

 

THE BARONESS BUSCOMBE
THE LORD LUKE

381*Page 64, line 14, leave out from second "the" to the end of line 15 and insert "central licensing authority"
 

Clause 118

 

THE BARONESS BUSCOMBE
THE LORD LUKE

382Page 64, line 32, leave out "18" and insert "21"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

383Page 64, line 32, at end insert—
"(aa)  he is a fit and proper person to hold a personal licence,"
384Page 64, line 36, at end insert—
"(ca)  he has not been convicted of any serious offence,"
385Page 64, line 40, after "(a)," insert "(aa),"
386Page 64, line 40, leave out "or (c)" and insert ", (c) or (ca)"
387Page 64, line 42, leave out from "(b)" to end of line 2 on page 65 and insert ", (c) and (ca) of that subsection, the authority must give the chief officer of police for its area a notice to that effect"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

388*Page 65, line 2, leave out "its area" and insert "the area where the applicant is ordinarily resident"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

389Page 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")."
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

390Page 65, line 3, leave out from "Where" to end of line 6
391Page 65, line 12, at end insert "subject to such conditions as the authority thinks fit having regard to the licensing qualification possessed by the applicant"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

392Page 65, line 13, leave out "In any other case" and insert "Where an objection notice is given"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

393Page 65, line 19, at end insert—
"(   )  reject the application if it appears that the applicant fails to meet the condition in paragraph (d) of subsection (2) and it is not satisfied that the granting of the licence would not undermine the crime prevention objective, and"
394Page 65, line 20, at end insert "subject to such conditions as the authority thinks fit having regard to the licensing qualifications possessed by the applicant"

 
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©Parliamentary copyright 2002
11 December 2002