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

House of Lords

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Clause 109

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

369Page 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

379Page 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

381Page 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

388Page 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"
 

Clause 119

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

395Page 65, line 39, leave out subsection (2) and insert—
"(2)  The relevant licensing authority must give notice of the application to the chief officer of police for its area."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

396Page 65, line 42, leave out "its area" and insert "the area where the applicant is ordinarily resident"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

397Page 65, line 43, leave out from "Where" to end of line 46
398Page 66, line 6, leave out subsection (4)
399Page 66, line 9, at end insert "subject to such conditions as the authority thinks fit having regard to the licensing qualification possessed by the applicant"
400Page 66, line 15, leave out from first "it" to ", and" in line 16 and insert "is not satisfied that the renewal of the personal licence would not undermine the crime prevention objective"
401Page 66, line 17, at end insert "subject to such conditions as the authority thinks fit having regard to the licensing qualification possessed by the applicant"
 

Clause 120

 

THE BARONESS BUSCOMBE
THE LORD LUKE

402Page 66, line 24, leave out "its area" and insert "the area where the applicant is ordinarily resident"
403Page 66, line 30, leave out "its area" and insert "the area where the applicant is ordinarily resident"
 

Clause 121

 

THE BARONESS BUSCOMBE
THE LORD LUKE

404Page 66, line 40, leave out from second "the" to end of line 41 and insert "central licensing authority"
 

Clause 122

 

THE BARONESS BUSCOMBE
THE LORD LUKE

405Page 67, line 13, leave out "its area" and insert "the area where the offender is ordinarily resident"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

406Page 67, line 14, leave out from "Where" to third "the" in line 18
407Page 67, line 28, leave out from first "it" to end of line 29 and insert "is not satisfied that not revoking the licence would not undermine the crime prevention objective"
408Page 67, line 32, at end insert—
"(   )  The authority must revoke the licence if it appears that the holder of the licence has been convicted of a serious offence."
409Page 67, line 33, leave out "this section" and insert "subsection (4)"
 

Clause 123

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

410Page 68, line 2, at end insert ", and
(c)  the conditions subject to which it is granted."
 

Clause 127

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

411Page 70, line 5, at end insert—
"(   )  The court must order the forfeiture of the licence if the holder of the licence is convicted of a serious offence."
412Page 70, line 6, leave out "this section" and insert "subsection (2)"
 

Clause 129

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

413Page 71, line 16, leave out subsection (2)
 

Clause 130

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

414Page 72, line 8, leave out sub-paragraph (ii)
 

Clause 133

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

415Page 73, line 21, after "alcohol" insert "or provide regulated entertainment"
416Page 73, line 21, at end insert "or provision"
 

Clause 137

 

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

417Page 75, line 5, at the beginning insert "Subject to subsection (3),"
418Page 75, line 15, at end insert—
"(3)  In proceedings against a person for an offence to which subsection (2) applies where the offence relates to the provision of regulated entertainment and the person is a performer of the entertainment it is a defence that—
(a)  his act was due to a mistake, or to reliance on information given to him, or to an act or omission by another person, or to some other cause beyond his control, and
(b)  in the circumstances he acted reasonably."
 

Before Clause 143

 

THE EARL OF LISTOWEL

419Insert the following new Clause—
  "Allowing children into licensed premises
  In pursuit of the licensing objective in section 4(2)(d), children under the age of 14 should only be allowed into licensed premises when accompanied by an adult over the age of 18."
 

Clause 157

 

THE LORD BROOKE OF SUTTON MANDEVILLE

420Page 85, line 30, leave out from "disorder" to "may" in line 31 and insert "in the area of a licensing authority, the licensing authority"
421Page 85, line 38, leave out "magistrates' court" and insert "licensing authority"
422Page 85, line 40, leave out "magistrates' court" and insert "licensing authority"

 
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©Parliamentary copyright 2002
16 December 2002