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

House of Lords

back to previous amendments

 

Clause 18

 

THE BARONESS BUSCOMBE
THE LORD LUKE

173Page 11, line 25, at end insert—
"(   )  The licensing authority is under a duty to act promptly in the determination of applications under this section."
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

174Page 11, line 25, at end insert—
"(   )  Where an application for a premises licence is received by a licensing authority but—
(a)  it is not made in accordance with section 17, or
(b)  the authority is not satisfied under subsection (1)(b),
 the authority shall return the application to the applicant indicating its reasons for doing so."
 

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

175Page 11, leave out lines 26 and 27 and insert—
"(   )  In determining any such application the authority shall have regard to its licensing statement and to any other material considerations, and in granting a licence may impose—"
176Page 11, line 28, after "the" insert "licensing statement or the"
177Page 11, line 31, at end insert—
"(c)  such conditions as may be required for the promotion of the licensing objectives, whether or not consistent with the operating schedule accompanying the application."
 

THE LORD HODGSON OF ASTLEY ABBOTTS

178Page 11, line 33, after "them" insert "within no more than fourteen days"
 

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

179Page 11, line 41, leave out from "(2)(a)" to "and" in line 43
 

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

180Page 11, line 45, at end insert—
"(iii)  the conditions mentioned in subsection (2)(c) modified to such extent as the authority considers necessary for the promotion of the licensing objectives."
 

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

181Page 12, line 1, leave out paragraph (c)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

182Page 12, line 10, leave out paragraph (b)
 

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

183Page 12, line 11, leave out paragraph (c)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

184Page 12, line 16, leave out subsections (7) to (9)
185[Withdrawn]
186Page 12, line 29, after "situated" insert "or by an authorised officer of the licensing authority for the area in which the premises are situated"
 

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

187Page 12, line 30, leave out paragraph (b)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

188Page 12, line 30, leave out "exceptional"
189Page 12, line 31, after "is" insert "or they are"
190Page 12, leave out line 33 and insert "licensing objectives"
 

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

191Page 12, line 36, leave out paragraph (a)
 

After Clause 18

 

THE LORD HARRIS OF HARINGEY

191AInsert the following new Clause—
  "Police representations
(1)  Where representations are made by the chief officer of police for a police area in which the premises are situated and where those representations contain a statement that, due to the exceptional circumstances of the case, he is satisfied that extra policing costs, which in his opinion will be significant, will be incurred as a likely effect of the grant of a premises licence, the licensing authority must take such of the steps mentioned in subsection (2) as it considers necessary.
(2)  The steps are—
(a)  to grant the licence subject to the condition mentioned in subsection (3),
(b)  to exclude from the scope of the licence any of the licensable activities to which the application refers,
(c)  to reject the application.
(3)  The condition is that every year the holder of the premises licence granted in accordance with subsection (2)(a) shall pay to the police authority for the area in which the premises are situated a sum to be determined by the licensing authority to defray the costs of policing referred to in the representations made under subsection (1)."
 

Clause 19

 

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

192Page 12, line 41, leave out subsection (2)
 

After Clause 20

 

THE LORD CLARKE OF HAMPSTEAD

193Insert the following new Clause—
  "Maximum permitted occupancy figure
(1)  Where the licensing authority deems it appropriate, a condition shall be attached to a premises licence specifying the maximum permitted occupancy figure when the premises are being used for a licensable activity, and this figure must be specified on the premises licence and on the summary of the premises licence.
(2)  The maximum permitted occupancy figure must be determined by the licensing authority in consultation with the police, the fire authority and the responsible authority as defined in section 13(4)(d)."
 

Clause 21

 

THE BARONESS BUSCOMBE
THE LORD LUKE

194Page 13, line 26, after "plays" insert "or adult entertainments"
195Page 13, line 27, after "plays" insert "or adult entertainments"
196Page 13, line 28, after "plays" insert "or adult entertainments"
 

Clause 22

 

THE LORD BROOKE OF SUTTON MANDEVILLE

197Page 13, line 34, leave out "forthwith" and insert "as soon as is reasonably practicable"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

198Page 13, line 34, leave out "forthwith" and insert "within two working days of the decision to grant"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

199Page 13, line 41, at end insert—
"(   )  A determination under this section does not have effect—
(a)  until the end of the period given for appealing against the decision; or
(b)  if the decision is appealed against, until the appeal is disposed of."
200Page 14, line 2, leave out "forthwith" and insert "as soon as is reasonably practicable"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

201Page 14, line 2, leave out "forthwith" and insert "within two working days of the decision to reject,"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

202Page 14, line 10, at end insert—
"(   )  Where a licensing authority has failed to come to a decision about the granting of a premises licence within 30 days of the application, the applicant may assume the application to have been granted and commence trading."
 

Clause 23

 

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

203Page 14, line 20, leave out paragraph (e)
 

Clause 27

 

THE LORD BROOKE OF SUTTON MANDEVILLE

204Page 15, line 32, leave out "may" and insert "must"
 

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

205Page 15, line 32, leave out from "he" to end of line 33 and insert "shall give the relevant licensing authority and any person who has registered an interest in the premises under section 32(5A) a notice to that effect, and the licensing authority shall not accept such surrender unless satisfied that the person so registered duly consents"
 

Clause 28

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

206Page 16, line 17, leave out "of works" and insert "indicating the work to be undertaken to meet any requirements of the licensing authority together with proof of the granting of any planning permission in respect of the work, if such permission is required under the Town and Country Planning Act 1990 (c. 8)"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

207Page 16, line 18, at end insert "and an operating schedule of the type described in section 17(4)"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

208Page 16, line 27, leave out from second "completed" to end of line 29 and insert "to the satisfaction of—
(a)  the licensing authority,
(b)  the fire authority for any area in which the premises are situated, and
(c)  the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health."
 

Clause 29

 

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

209Page 16, line 32, leave out subsection (2)
 

Clause 30

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

210Page 16, line 41, after "application" insert "made in accordance with section 28"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

211Page 17, line 3, 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.
(   )  A determination under this section does not have effect—
(a)  until the end of the period given for appealing the decision, or
(b)  if the decision is appealed against, until the appeal is disposed of."
 

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

212Page 17, line 6, after "them" insert "within 28 days"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

213Page 17, line 22, leave out subsections (5) to (7)
 

Clause 31

 

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

213APage 18, line 9, leave out "("the relevant person")"
213BPage 18, line 11, leave out "if subsection (3) applies"
213CPage 18, line 12, leave out subsection (3)
 

THE LORD HODGSON OF ASTLEY ABBOTTS

213DPage 18, line 16, leave out ", without reasonable excuse,"
 

Clause 32

 

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

214Page 18, line 25, leave out paragraph (b)
215Page 18, line 32, leave out subsection (4)
216Page 18, line 35, leave out subsection (5)
 

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

217Page 18, line 37, at end insert—
"(5A)  Upon the application of any person who has an estate or interest in the premises whether as owner or lessee, prior or paramount to that of the occupier, the relevant licensing authority shall enter the name and address of that person and the nature of such interest upon the register of licences.
(5B)  It shall be the duty of the relevant licensing authority as soon as reasonably practicable to notify the premises owner and any person registered under the preceding subsection of any notice given or received or entry made under the following provisions—
(a)  any notice given to it under section 27,
(b)  any application made to it under section 28,
(c)  any notice given to it under section 32,
(d)  any application made to it under section 33,
(e)  any notice given to it under section 40,
(f)  any application made to it under section 41,
(g)  any notice given to it under section 46,
(h)  any application made to it under section 50,
(i)  any notice given to it under section 162(4) (magistrates' court to notify any determination made after closure order),
(j)  any conviction relating to an offence committed under sections 135(1), 136(1), 139(1), 142(1), 143(1) and (3), 144(1), (3) or (4), 148(1) or (5) and 150(1)."

 
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10 January 2003