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

House of Lords

back to previous amendments

 

Clause 116

 

THE BARONESS BUSCOMBE
THE LORD LUKE

381Page 64, line 14, leave out from second "the" to 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,"
 

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

383APage 64, line 35, leave out "five" and insert "three"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

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 132

 

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

414APage 73, line 9, at end insert—
"(   )  Where, under section 123, details of relevant offences and foreign offences are contained in the licence, these must be removed by the relevant licensing authority at the request of the personal licence holder once they have become spent."
 

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 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

419[Withdrawn]
 

THE EARL OF LISTOWEL

419AInsert 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 unless the licensee can show in his (or her) operating plan how the premises will be made suitable for this age group."
 

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"
 

Clause 158

 

THE LORD BROOKE OF SUTTON MANDEVILLE

423Page 86, line 19, after "officer" insert "or the relevant licensing authority"
424Page 86, line 20, after "he" insert "or it"
425Page 86, line 30, after "officer" insert "or the relevant licensing authority"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

426Page 86, line 36, at end insert—
"(   )  specify whether the premises must close in its entirety or simply cease the sale of alcohol."
 

THE LORD BROOKE OF SUTTON MANDEVILLE

427Page 86, line 38, after "constable" insert "or authorised officer of the relevant licensing authority"
 

Clause 164

 

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

427APage 89, line 31, at beginning insert "Upon the application of either the responsible senior police officer or the holder of the premises licence"
 

Clause 169

 

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

428Page 93, line 40, at end insert—
"(   )  Where the local licensing authority considers that a period ("the celebration period") marks an occasion of exceptional local significance, it may make a licensing hours order."
 

THE BARONESS BLACKSTONE

429Page 93, line 42, after "licences" insert "and club premises certificates"
430Page 94, line 7, leave out ", in relation to a premises licence, means" and insert "means—
(a)  in relation to a premises licence,"
431Page 94, line 9, at end insert ", and
(b)  in relation to a club premises certificate, the times during which the premises may be used for qualifying club activities in accordance with the certificate"
 

Clause 170

 

THE LORD GREENWAY

431APage 94, line 20, leave out "an international" and insert "a"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

431BPage 94, line 25, at end insert—
"(   )  at premises in respect of which a licence under the Gaming Act 1968 (c. 65) is in force and the premises are being used wholly or mainly for the purposes of gaming to which Part 2 of that Act applies,"
 

Clause 172

 

THE LORD PHILLIPS OF SUDBURY

432Page 95, line 41, after first "prize" insert "in excess of #100, or the total of all money prizes exceeds #250,"
433Page 95, line 42, after "lottery" insert "(being a lottery where the expenses incurred in connection with the same exceed #2,000)"
 

Clause 173

 

THE LORD HODGSON OF ASTLEY ABBOTTS

434Page 96, line 29, leave out paragraph (b)
435Page 96, line 31, leave out subsection (3)
436Page 96, line 44, leave out paragraph (c)

 
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©Parliamentary copyright 2003
15 January 2003