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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


SECOND
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—
Clauses 3 and 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 3

 

THE BARONESS BUSCOMBE
THE LORD LUKE

66Page 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.
 

After Clause 3

 

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

67Insert the following new Clause—
  "Central Licensing Authority
(1)  There shall be a body corporate to be known as the Central Licensing Authority (in this Act referred to as "the Central Authority").
(2)  The functions of the Central Authority shall be—
(a)  to act as the licensing authority for personal licences under Part 6 of this Act, and
(b)  such other functions as may be conferred on it by an order made by the Secretary of State.
(3)  The Secretary of State may by regulations make provision about the membership and staff of the Central Authority.
(4)  The expenses of the Central Authority shall be paid by the Secretary of State out of money provided by Parliament.
(5)  Any order or regulations made under this section shall be made by statutory instrument, and no order or regulations shall be made unless a draft of the order or regulations has been approved by a resolution of each House of Parliament."
 

Clause 4

 

THE BARONESS BUSCOMBE
THE LORD LUKE

68Page 3, line 10, at end insert—
"(   )  the protection of the quality of life of communities;"
 

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

69Page 3, line 10, at end insert—
"(   )  the protection of the amenity of its area;"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

70Page 3, line 11, leave out paragraph (c)
 

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

71Page 3, line 11, leave out paragraph (c) and insert—
"(c)  the prevention of unreasonable diminution of the living and working amenity and environment of interested parties in the vicinity of the premises balancing those matters against the benefits to be derived from the leisure amenity of such premises;"
 

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

72Page 3, line 11, after "of" insert "disturbance or"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

73Page 3, line 12, after "children" insert "and other vulnerable persons"
74Page 3, line 12, leave out "from harm"
75Page 3, line 12, at end insert—
"(   )  the protection of the environment"
76Page 3, line 12, at end insert—
"(   )  the protection of public health"
 

THE LORD CLARKE OF HAMPSTEAD

77Page 3, line 12, at end insert—
"(   )  the protection of residential amenity"
 

THE LORD FAULKNER OF WORCESTER

78Page 3, line 12, at end insert—
"(   )  the protection of health, safety and welfare of workers in licensed premises"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

79Page 3, line 12, at end insert—
"(   )  the prevention of harm to human health"
80Page 3, line 12, at end insert—
"(   )  the minimising or prevention of the risk of pollution to the environment"
81Page 3, line 13, leave out subsection (3)
82Page 3, line 13, leave out "have regard to" and insert "take into account"
83Page 3, line 15, leave out paragraph (a)
 

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

84Page 3, line 16, leave out paragraph (b)
85Page 3, line 16, leave out "guidance" and insert "regulations"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

86Page 3, line 16, at end insert "which shall in particular set out the specific reasons which the Secretary of State considers to justify the exclusion of children from free access to licensed premises"
87Page 3, line 16, at end insert "which shall in particular set out the specific reasons which the Secretary of State considers justify the prevention of any licensing authority from restricting the number of licensed premises, regulating the type of licensed premises, or imposing a generalised closing time in any part of a town centre or other locality within the licensing area"
88Page 3, line 16, at end insert—
"(   )  the annual reports published by the Secretary of State under section (Annual report on effects of licensing policy on public health)"
 

THE BARONESS HARRIS OF RICHMOND
THE LORD REDESDALE

89Page 3, line 16, at end insert—
"(   )  section 17 of the Crime and Disorder Act 1998 (c. 37)."
 

THE LORD FAULKNER OF WORCESTER

90Page 3, line 16, at end insert—
"(4)  In pursuit of the licensing objective in subsection (2)(d), a licensing authority shall have regard to the need to exclude children from areas in which smoking is permitted."
 

Before Clause 177

 

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

91Insert 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 177

 

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

91A*Page 98, line 10, after "authorities" insert "and the police"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

92Page 98, line 10, at end insert—
"(   )  Before issuing or revising any guidance the Secretary of State must consult—
(a)  all local authorities which are to become, but have not yet become, a licensing authority,
(b)  all licensing authorities, and
(c)  such other persons as he thinks fit."
 

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 5

 

THE BARONESS BUSCOMBE
THE LORD LUKE

93Page 3, line 18, leave out subsection (1)
 

THE LORD HODGSON OF ASTLEY ABBOTTS

94Page 3, line 18, leave out "three" and insert "five"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

95Page 3, line 18, leave out "three year" and insert "licensing policy"
 

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

96Page 3, line 19, leave out "policy" and insert "policies"
97Page 3, line 21, leave out "a statement of that policy" and insert "statements of those policies"
 

THE LORD HODGSON OF ASTLEY ABBOTTS

98Page 3, line 23, leave out ""three" and insert ""five"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

99Page 3, line 23, leave out ""three year" and insert ""licensing policy"
100Page 3, line 24, leave out paragraphs (a) and (b) and insert—
"(a)  in the case of a council whose members are wholly or partly elected every four years, a period of four years beginning with the date of coming into force of this Act;
(b)  in the case of a council whose members are wholly or partly elected every three years, a period of three years beginning with the date of coming into force of this Act."
 

THE LORD HODGSON OF ASTLEY ABBOTTS

101Page 3, line 26, leave out "three" and insert "five"
 

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

102Page 3, line 26, at end insert—
"(2A)  A licensing authority may have separate policies for different classes of premises and different types of licensable activities."
103Page 3, line 26, at end insert—
"(2B)  Subject to subsection (2A), in determining its policy a licensing authority must have regard to any guidance issued by the Secretary of State under section 177."
104Page 3, line 26, at end insert—
"(   )  In determining its policy a licensing authority may have regard to the cumulative effect of the granting of premises licences and club premises certificates on the promotion of the licensing objectives in respect of its area, or any part of its area."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

105Page 3, line 27, leave out subsection (3)
 

THE LORD HODGSON OF ASTLEY ABBOTTS

106Page 3, line 27, leave out "three" and insert "five"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

107Page 3, line 27, leave out "three year" and insert "licensing policy"
 

THE LORD HODGSON OF ASTLEY ABBOTTS

108Page 3, line 30, leave out paragraph (b)
109Page 3, line 39, leave out "three" and insert "five"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

110Page 3, line 39, leave out "three year" and insert "licensing policy"
111Page 3, line 40, at end insert—
"(   )  In drawing up, keeping under review or revising a licensing policy, a licensing authority must consider the impact of longer opening hours on binge drinking, disorder and anti-social behaviour within its local authority or any part of that local authority."
112Page 3, line 40, at end insert—
"(   )  In drawing up, keeping under review or revising a licensing policy, a licensing authority must avoid policies which would inhibit the principle of children having free access to licensed premises, save where there are reasons to exclude them."
113Page 3, line 40, at end insert—
"(   )  In drawing up a licensing policy, a licensing authority may demand stricter conditions for late licences operating in residential areas."
114Page 3, line 40, at end insert—
"(   )  In drawing up, keeping under review or revising a licensing policy, a licensing authority must take into account the need to promote such live music, dancing and theatre as it considers to be for the wider cultural benefit of its local community."
115Page 4, line 3, leave out subsection (7)
 

THE LORD HODGSON OF ASTLEY ABBOTTS

116Page 4, line 5, at end insert—
"(   )  The licensing authority shall publish the names of all those consulted, any evidence submitted and the result of the consultation."

 
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©Parliamentary copyright 2002
16 December 2002