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

House of Lords

back to previous amendments

 

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 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.
 

Clause 41

 

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

243Page 23, line 41, leave out subsections (5) to (7)
 

Clause 43

 

THE LORD BROOKE OF SUTTON MANDEVILLE

244Page 24, line 42, 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."
 

Clause 44

 

THE BARONESS BUSCOMBE
THE LORD LUKE

245Page 25, line 27, after "must" insert "within 30 days of receipt of the application"
 

Clause 45

 

THE BARONESS BUSCOMBE
THE LORD LUKE

 The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill.
 

Clause 46

 

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

246Page 27, line 2, at end insert—
"(   )  that person has registered an interest in the premises under section 32(6) of this Act."
 

Clause 47

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 47 stand part of the Bill.
 

Clause 49

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

247Page 29, line 12, leave out "seven" and insert "14"
 

Clause 50

 

THE LORD HARRIS OF HARINGEY

247APage 29, line 27, at end insert "including whether or not any conditions are imposed under section (Police representations)"
 

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

248Page 29, line 27, at end insert—
"(1A)  Without prejudice to subsection (1), the chief officer of police for the police area in which any premises are situated must apply for a review of the premises licence for those premises if he is aware that there is being, or had been, carried on at those premises the sale, letting for hire, playing or exhibition of sound recordings, films broadcasts or cable programmes in circumstances which amount to an infringement of copyright for the purpose of the Copyright, Designs and Patents Act 1988 (c. 48).
(1B)  In subsection (1A) "sound recordings", "films", "broadcasts" and "cable programmes" have the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48) (copyright)."
 

THE LORD BROOKE OF SUTTON MANDEVILLE

249Page 30, line 1, leave out subsections (4) to (7)
 

Clause 51

 

THE BARONESS BUSCOMBE
THE LORD LUKE

250Page 31, line 1, leave out paragraph (c)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

251Page 31, line 2, leave out "three" and insert "six"
252Page 31, line 4, at beginning insert "or take such other steps as it deems appropriate"
253Page 31, line 10, leave out "three" and insert "six"
254Page 31, line 13, leave out paragraph (b)
255Page 31, line 14, leave out subsections (8) and (9)

 
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©Parliamentary copyright 2002
18 December 2002