House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


FIFTH
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 22 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 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)."
 

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.

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
15 January 2003