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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


FOURTH
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 7 and 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 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

152Page 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

160Page 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

162Page 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 LORD LEA OF CRONDALL

163APage 11, line 3, at end insert—
"(   )  where the relevant licensable activities include the supply of alcohol, a statement that the applicant will—
(i)  not require anyone employed to work at the premises to work, without their prior consent, different hours as a result of the new licensing regime implemented by this Act;
(ii)  financially compensate anyone employed to work at the premises for any increase in antisocial hours worked as a result of the new licensing regime implemented by this Act; and
(iii)  if requested to do so by anyone employed to work at the premises who finishes work between 11 pm and 6 am, pay the fare of a taxi or minicab to the person's usual home address,"
 

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

166Page 11, line 5, at end insert "both at the premises and in the locality"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE
THE BARONESS BUSCOMBE

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"
169[Withdrawn]
 

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)

 
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10 January 2003