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

House of Lords

back to previous amendments

 

Clause 33

 

THE LORD BROOKE OF SUTTON MANDEVILLE

218Page 19, line 8, after "by" insert "a short description of the proposed variation for inclusion in notices advertising the variation,"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

219Page 19, line 11, leave out subsection (4)
 

Clause 34

 

THE LORD BROOKE OF SUTTON MANDEVILLE

220Page 19, line 22, leave out subsection (2) and insert—
"(   )  In determining any such application the authority shall have regard to its licensing statement and to any other material considerations."
 

THE LORD HODGSON OF ASTLEY ABBOTTS

221Page 19, line 25, after "them" insert "within 14 days"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

222Page 19, line 38, leave out from "objectives" to end of line 39
223Page 19, line 40, leave out subsection (6)
 

Clause 35

 

THE LORD BROOKE OF SUTTON MANDEVILLE

224Page 20, line 9, leave out "forthwith" and insert "as soon as is reasonably practicable"
225Page 20, line 19, leave out subsection (3) and insert—
"(   )  A determination under this section does not have effect—
(a)  until the end of the period for appealing is given, or
(b)  if the decision is appealed against, until the appeal is disposed of."
226Page 20, line 25, leave out "forthwith" and insert "as soon as is reasonably practicable"
227Page 20, line 32, leave out subsection (5)
 

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

228Page 20, line 41, leave out paragraph (a)
 

Clause 36

 

THE BARONESS BUSCOMBE
THE LORD LUKE

229Page 21, line 2, leave out from "alcohol" to "premises" in line 4 and insert "shall give notice to the relevant licensing authority in the prescribed form and including a statement of the prescribed information in respect of the individual ("the proposed individual") whom the holder wishes to nominate as the premises supervisor in place of, or in substitution for, the existing"
230Page 21, line 11, leave out paragraph (b)
231Page 21, line 14, leave out subsections (4) to (6)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

232Page 21, line 16, after "situated" insert "or by an authorised officer of the licensing authority for the area in which the premises are situated"
233Page 21, line 21, leave out "exceptional"
234Page 21, line 22, leave out "crime prevention objective" and insert "licensing objectives"
235Page 21, line 22, after "he" insert "or they"
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.
 

Clause 37

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 37 stand part of the Bill.
 

Clause 38

 

THE LORD BROOKE OF SUTTON MANDEVILLE

236Page 22, line 5, leave out subsection (2) and insert—
"(2)  In determining any such application, the authority shall have regard to its licensing statement and to any other material considerations."
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill.
 

Clause 39

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill.
 

Clause 40

 

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

237Page 22, line 42, leave out "may give the relevant licensing authority" and insert "must give the relevant licensing authority, chief officer of police for the said area and the owner of the premises licence (if that is a different person)"
238Page 23, line 1, leave out subsections (2) to (6)
 

THE BARONESS BUSCOMBE
THE LORD LUKE

239Page 23, line 3, leave out subsection (3)
240Page 23, line 10, leave out paragraph (b)
241Page 23, line 15, leave out subsections (5) and (6)
 

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

242Page 23, line 22, leave out paragraph (b)
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 40 stand part of the Bill.
 

Clause 41

 

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

243Page 23, line 41, leave out subsections (5) to (7)
 

Clause 43

 

THE LORD BROOKE OF SUTTON MANDEVILLE

244Page 24, line 42, leave out subsection (2) and insert—
"(2)  In determining any such application, the authority shall have regard to its licensing statement and to any other material considerations."
 

Clause 44

 

THE BARONESS BUSCOMBE
THE LORD LUKE

245Page 25, line 27, after "must" insert "within 30 days of receipt of the 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 46

 

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

246Page 27, line 2, at end insert—
"(   )  that person has registered an interest in the premises under section 32(6) of this Act."
 

Clause 47

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 47 stand part of the Bill.
 

Clause 49

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

247Page 29, line 12, leave out "seven" and insert "14"
 

Clause 50

 

THE LORD HARRIS OF HARINGEY

247APage 29, line 27, at end insert "including whether or not any conditions are imposed under section (Police representations)"
 

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

248Page 29, line 27, at end insert—
"(1A)  Without prejudice to subsection (1), the chief officer of police for the police area in which any premises are situated must apply for a review of the premises licence for those premises if he is aware that there is being, or had been, carried on at those premises the sale, letting for hire, playing or exhibition of sound recordings, films broadcasts or cable programmes in circumstances which amount to an infringement of copyright for the purpose of the Copyright, Designs and Patents Act 1988 (c. 48).
(1B)  In subsection (1A) "sound recordings", "films", "broadcasts" and "cable programmes" have the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48) (copyright)."
 

THE LORD BROOKE OF SUTTON MANDEVILLE

249Page 30, line 1, leave out subsections (4) to (7)
 

Clause 51

 

THE BARONESS BUSCOMBE
THE LORD LUKE

250Page 31, line 1, leave out paragraph (c)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

251Page 31, line 2, leave out "three" and insert "six"
252Page 31, line 4, at beginning insert "or take such other steps as it deems appropriate"
253Page 31, line 10, leave out "three" and insert "six"
254Page 31, line 13, leave out paragraph (b)
255Page 31, line 14, leave out subsections (8) and (9)
 

Clause 54

 

THE LORD BROOKE OF SUTTON MANDEVILLE

256Page 32, line 9, leave out "Regulations" and insert "The relevant licensing authority"
 

THE LORD COBBOLD

257Page 32, line 10, leave out "(other than section 50)"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

258Page 32, line 11, leave out "section 46" and insert "sections 36 and 46"
 

THE LORD COBBOLD

259Page 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"
260Page 32, line 12, leave out paragraph (b)
 

THE BARONESS THORNTON
THE VISCOUNT FALKLAND
THE LORD REDESDALE

261Page 32, line 12, leave out paragraph (b) and insert—
"(b)  prescribe guidance for licensing authorities when setting the amount of the fee and require licensing authorities to have regard to the costs of administering and enforcing the licensing scheme when doing so."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

262Page 32, line 12, at beginning insert "subject to subsection (5),"
 

THE LORD HODGSON OF ASTLEY ABBOTTS

263Page 32, line 12, at end insert—
  "having regard to the cost of providing the licensing function"
264Page 32, line 13, leave out subsections (2) to (4)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

265Page 32, line 13, leave out "Regulations" and insert "The relevant licensing authority"
266Page 32, line 13, leave out "the relevant licensing authority" and insert "it"
267Page 32, leave out line 15 and insert "The relevant licensing authority shall prescribe"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

268Page 32, line 16, at beginning insert "subject to subsection (5),"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

269Page 32, line 17, at end insert—
"(   )  Different amounts may be prescribed for different cases or classes of case."
 

THE BARONESS THORNTON
THE VISCOUNT FALKLAND
THE LORD REDESDALE

270Page 32, line 18, leave out subsection (4) and insert—
"(4)  If the annual fee is not paid by the prescribed time, the relevant premises licence will lapse on that date.
(4A)  If a licence lapses under the provisions of subsection (4), the former holder of that licence may for a period of three months, commencing on the date the licence lapsed, seek reinstatement of the licence.
(4B)  The applicant for reinstatement shall pay to the relevant licensing authority the annual fee together with such reasonable reinstatement fee fixed in advance by that licensing authority.
(4C)  The licence shall be deemed to have been reinstated as soon as the requisite fees have been received by the licensing authority."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

271Page 32, line 19, at end insert—
"(5)  Regulations made under this section may prescribe circumstances in which any fee payable by virtue of this section may be varied (up to such maximum level as may be prescribed) by a licensing authority in order to take into account the cost to that authority of processing licensing applications."

 
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©Parliamentary copyright 2002
16 December 2002