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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


THIRD
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—

Clause 4
Clause 177
Clauses 5 to 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 4

 

THE BARONESS BUSCOMBE
THE LORD LUKE

86Page 3, line 16, at end insert "which shall in particular set out the specific reasons which the Secretary of State considers to justify the exclusion of children from free access to licensed premises"
87Page 3, line 16, at end insert "which shall in particular set out the specific reasons which the Secretary of State considers justify the prevention of any licensing authority from restricting the number of licensed premises, regulating the type of licensed premises, or imposing a generalised closing time in any part of a town centre or other locality within the licensing area"
88Page 3, line 16, at end insert—
"(   )  the annual reports published by the Secretary of State under section (Annual report on effects of licensing policy on public health)"
 

THE BARONESS HARRIS OF RICHMOND
THE LORD REDESDALE

89Page 3, line 16, at end insert—
"(   )  section 17 of the Crime and Disorder Act 1998 (c. 37)."
 

THE LORD FAULKNER OF WORCESTER

90Page 3, line 16, at end insert—
"(4)  In pursuit of the licensing objective in subsection (2)(d), a licensing authority shall have regard to the need to exclude children from areas in which smoking is permitted."
 

Before Clause 177

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE VISCOUNT FALKLAND
THE LORD REDESDALE

91Insert the following new Clause—
  "Regulations
(1)  Regulations may prescribe the considerations to be followed by licensing authorities in the discharge of their functions under this Act.
(2)  Any set of regulations issued under this section shall have force for a period of three years, and may be renewed for any subsequent period of three years.
(3)  Regulations under this section shall not be made or renewed unless a draft of the statutory instrument containing them has been laid before, and approved by, a resolution of each House of Parliament."
 

Clause 177

 

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

91APage 98, line 10, after "authorities" insert "and the police"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

92Page 98, line 10, at end insert—
"(   )  Before issuing or revising any guidance the Secretary of State must consult—
(a)  all local authorities which are to become, but have not yet become, a licensing authority,
(b)  all licensing authorities, and
(c)  such other persons as he thinks fit."
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE VISCOUNT FALKLAND
THE LORD REDESDALE

 The above-named Lords give notice of their intention to oppose the Question that Clause 177 stand part of the Bill.
 

Clause 5

 

THE BARONESS BUSCOMBE
THE LORD LUKE

93Page 3, line 18, leave out subsection (1)
 

THE LORD HODGSON OF ASTLEY ABBOTTS

94Page 3, line 18, leave out "three" and insert "five"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

95Page 3, line 18, leave out "three year" and insert "licensing policy"
 

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

96Page 3, line 19, leave out "policy" and insert "policies"
97Page 3, line 21, leave out "a statement of that policy" and insert "statements of those policies"
 

THE LORD HODGSON OF ASTLEY ABBOTTS

98Page 3, line 23, leave out ""three" and insert ""five"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

99Page 3, line 23, leave out ""three year" and insert ""licensing policy"
100Page 3, line 24, leave out paragraphs (a) and (b) and insert—
"(a)  in the case of a council whose members are wholly or partly elected every four years, a period of four years beginning with the date of coming into force of this Act;
(b)  in the case of a council whose members are wholly or partly elected every three years, a period of three years beginning with the date of coming into force of this Act."
 

THE LORD HODGSON OF ASTLEY ABBOTTS

101Page 3, line 26, leave out "three" and insert "five"
 

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

102Page 3, line 26, at end insert—
"(2A)  A licensing authority may have separate policies for different classes of premises and different types of licensable activities."
103Page 3, line 26, at end insert—
"(2B)  Subject to subsection (2A), in determining its policy a licensing authority must have regard to any guidance issued by the Secretary of State under section 177."
104Page 3, line 26, at end insert—
"(   )  In determining its policy a licensing authority may have regard to the cumulative effect of the granting of premises licences and club premises certificates on the promotion of the licensing objectives in respect of its area, or any part of its area."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

105Page 3, line 27, leave out subsection (3)
 

THE LORD HODGSON OF ASTLEY ABBOTTS

106Page 3, line 27, leave out "three" and insert "five"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

107Page 3, line 27, leave out "three year" and insert "licensing policy"
 

THE LORD HODGSON OF ASTLEY ABBOTTS

108Page 3, line 30, leave out paragraph (b)
109Page 3, line 39, leave out "three" and insert "five"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

110Page 3, line 39, leave out "three year" and insert "licensing policy"
111Page 3, line 40, at end insert—
"(   )  In drawing up, keeping under review or revising a licensing policy, a licensing authority must consider the impact of longer opening hours on binge drinking, disorder and anti-social behaviour within its local authority or any part of that local authority."
112Page 3, line 40, at end insert—
"(   )  In drawing up, keeping under review or revising a licensing policy, a licensing authority must avoid policies which would inhibit the principle of children having free access to licensed premises, save where there are reasons to exclude them."
113Page 3, line 40, at end insert—
"(   )  In drawing up a licensing policy, a licensing authority may demand stricter conditions for late licences operating in residential areas."
114Page 3, line 40, at end insert—
"(   )  In drawing up, keeping under review or revising a licensing policy, a licensing authority must take into account the need to promote such live music, dancing and theatre as it considers to be for the wider cultural benefit of its local community."
115Page 4, line 3, leave out subsection (7)
 

THE LORD HODGSON OF ASTLEY ABBOTTS

116Page 4, line 5, at end insert—
"(   )  The licensing authority shall publish the names of all those consulted, any evidence submitted and the result of the consultation."
 

Clause 6

 

THE BARONESS BUSCOMBE
THE LORD LUKE

117Page 4, line 7, leave out from "of" to end of line 8 and insert "such members of the authority as the authority shall determine"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE VISCOUNT FALKLAND
THE LORD REDESDALE

118Page 4, line 8, leave out ", but not more than fifteen,"
 

THE LORD HODGSON OF ASTLEY ABBOTTS

119Page 4, line 8, at end insert—
"(   )  Each licensing authority shall establish procedures whereby individual members of the authority do not participate in discussions on individual licence decisions concerning their own electoral district."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

120Page 4, line 9, leave out subsection (2)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

 The Lord Brooke of Sutton Mandeville gives notice of his intention to oppose the Question that Clause 6 stand part of the Bill.
 

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"

 
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©Parliamentary copyright 2002
18 December 2002