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

House of Lords

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Clause 72

 

THE LORD HODGSON OF ASTLEY ABBOTTS

309APage 42, line 39, at end insert—
"(   )  in respect of premises being used as a Registered Private Members' Club."
 

After Clause 72

 

THE LORD CLARKE OF HAMPSTEAD

310Insert the following new Clause—
  "Maximum permitted occupancy figure
(1)  Where the licensing authority deems it appropriate, a condition shall be attached to a club premises certificate specifying the maximum permitted occupancy figure when the premises are being used for a licensable activity, and this figure must be specified on the club premises certificate and on the summary of the club premises certificate.
(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 68(4)(d)."
 

Clause 75

 

THE LORD BROOKE OF SUTTON MANDEVILLE

311Page 43, line 23, leave out "forthwith" and insert "as soon as is reasonably practicable"
312Page 43, line 30, 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."
313Page 43, line 35, leave out "forthwith" and insert "as soon as is reasonably practicable"
 

Clause 82

 

THE LORD BROOKE OF SUTTON MANDEVILLE

314Page 46, line 20, after "by" insert "a short description of the proposed variation which may be included in notices advertising the variation,"
 

Clause 83

 

THE LORD BROOKE OF SUTTON MANDEVILLE

315Page 46, line 32, 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."
316Page 47, line 7, leave out from "objectives" to end of line 16
317Page 47, line 9, leave out subsection (6)
 

Clause 84

 

THE LORD BROOKE OF SUTTON MANDEVILLE

318Page 47, line 43, leave out subsection (5)
 

Clause 85

 

THE LORD BROOKE OF SUTTON MANDEVILLE

319Page 48, line 29, leave out subsections (4) and (5)
320Page 49, line 3, leave out subsections (6) and (7)
 

Clause 86

 

THE LORD BROOKE OF SUTTON MANDEVILLE

321Page 49, line 28, leave out "three" and insert "six"
322Page 49, line 30, at beginning insert "or take such other steps as it deems appropriate"
323Page 49, line 36, leave out "three" and insert "six"
324Page 49, line 38, leave out from "objectives" to end of line 39
325Page 49, line 40, leave out subsection (8)
326Page 50, line 4, leave out subsection (9)
 

Clause 87

 

THE BARONESS BLACKSTONE

327Page 50, line 23, leave out "premises licence" and insert "club premises certificate"
 

Clause 90

 

THE LORD BROOKE OF SUTTON MANDEVILLE

328Page 51, line 27, leave out "Regulations" and insert "The relevant licensing authority"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

329Page 51, line 30, 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 club premises certificate when doing so."
 

THE LORD BROOKE OF SUTTON MANDEVILLE

330Page 51, line 31, leave out "Regulations" and insert "The relevant licensing authority"
331Page 51, line 31, leave out "the relevant licensing authority" and insert "it"
332Page 51, line 34, leave out "Regulations under subsection (2) may include" and insert "The relevant licensing authority may make"
333Page 51, line 38, at end insert—
"(   )  Different fees may be prescribed for different cases or classes of case."
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

334Page 51, line 39, leave out subsection (4) and insert—
"(4)  If the annual fee is not paid by the prescribed time, the relevant club premises certificate will lapse on that date.
(5)  If a certificate lapses under the provisions of subsection (4), the former holder of that certificate may for a period of three months, commencing on the date the licence lapsed, seek reinstatement of the licence.
(6)  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."
 

Clause 97

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

335Page 55, line 6, leave out "each of those authorities" and insert "whichever of the authorities is agreed by those authorities unanimously to be the relevant authority, or if no such agreement is reached—
(i)  the licensing authority in whose area the greater or greatest part of the premises is situated, or
(ii)  if there is no authority to which paragraph (a) applies, such one of those authorities as is nominated in accordance with subsection (2)"
336Page 55, line 6, at end insert—
"(2)  In a case within subsection (1)(b) the individual giving the temporary event notice under section 98 must nominate one of the licensing authorities as the relevant licensing authority in relation to the notice."
 

Clause 98

 

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

337Page 55, line 10, leave out "72" and insert "168"
 

THE LORD COBBOLD
THE BARONESS BUSCOMBE

338Page 55, line 28, leave out "(being a number less than 500)"
 

THE LORD CLARKE OF HAMPSTEAD
THE LORD BROOKE OF SUTTON MANDEVILLE

339Page 55, line 40, leave out "ten" and insert "twenty-eight"
 

Clause 102

 

THE LORD BROOKE OF SUTTON MANDEVILLE

340Page 57, line 20, leave out "crime prevention objective" and insert "licensing objectives"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

341Page 57, line 24, leave out "48 hours" and insert "five days"
 

THE LORD CLARKE OF HAMPSTEAD

342Leave out Clause 102 and insert the following new Clause—
  "Objection to notice by the relevant authorities
(1)  The premises user must give a copy of any temporary event notice to the relevant authorities no later than twenty-eight working days before the day on which the event period specified in the notice begins.
(2)  Where the relevant authorities receive a copy notice under subsection (1) and are satisfied that allowing the premises to be used in accordance with the notice would undermine any of the licensing objectives, they must give a notice specifying the reasons why they are so satisfied (an "objection notice")—
(a)  to the relevant licensing authority, and
(b)  to the premises user.
(3)  The objection notice must be given no later than 48 hours after the relevant authorities are given a copy of the temporary event notice under subsection (1).
(4)  Subsection (2) does not apply at any time after the relevant authorities have received a counter notice under section 105 in respect of the temporary event notice.
(5)  In this section "relevant authorities" means—
(a)  the chief officer of police, the relevant officer of the fire authority and the relevant officer of the licensing authority for the area where the premises are situated, and
(b)  where the premises are situated in two or more areas, the chief officer of police, the relevant officer of the fire authority and the relevant officer of the licensing authority for each of those areas."
 

After Clause 102

 

THE LORD BROOKE OF SUTTON MANDEVILLE

343Insert the following new Clause—
  "Objection to notice by interested parties, etc
(1)  Where an interested party or responsible authority wish to object to a temporary event notice, they may give a notice ("an interested party notice") which must state the reasons why they object and be given to—
(a)  the relevant licensing authority, and
(b)  the premises user.
(2)  The interested party notice must be given no later than 14 days after the temporary event notice was given."
 

Clause 103

 

THE LORD BROOKE OF SUTTON MANDEVILLE

344Page 57, line 35, after "notice" insert "or interested party notice"
345Page 57, line 38, after "notice" insert "or interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

346Page 57, line 39, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

347Page 57, line 39, after "notice" insert ", the person who gave the interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

348Page 58, line 3, leave out "crime prevention objective" and insert "licensing objectives"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

349Page 58, line 3, leave out "crime prevention objective" and insert "any of the licensing objectives"
350Page 58, line 6, after "user" insert ", the person who gave the interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

351Page 58, line 6, leave out "chief officer of police" and insert "officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

352Page 58, line 11, after "police" insert "and any person who gave an interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

353Page 58, line 23, leave out ""relevant chief officer of police"" and insert ""relevant officer of police or fire authority or licensing authority""
 

Clause 104

 

THE LORD CLARKE OF HAMPSTEAD

354Page 58, line 26, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

355Page 58, line 26, at end insert "or any person has given an interested party notice"
356Page 58, line 27, after second "notice" insert "or interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

357Page 58, line 30, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

358Page 58, line 30, after "police" insert ", or (in the case of an interested party notice, the relevant licensing authority)"
 

THE LORD CLARKE OF HAMPSTEAD

359Page 59, line 2, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
360Page 59, line 4, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
361Page 59, line 6, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"

 
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10 January 2003