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

House of Lords

back to previous amendments

 

Clause 54

 

THE LORD BROOKE OF SUTTON MANDEVILLE

256Page 32, line 9, leave out "Regulations" and insert "The relevant licensing authority"
 

THE LORD COBBOLD

257Page 32, line 10, leave out "(other than section 50)"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

258Page 32, line 11, leave out "section 46" and insert "sections 36 and 46"
 

THE LORD COBBOLD

259Page 32, line 11, leave out "and" and insert "the amount of which to be determined by the licensing authority on the basis of cost recovery"
260Page 32, line 12, leave out paragraph (b)
 

THE BARONESS THORNTON
THE VISCOUNT FALKLAND
THE LORD REDESDALE

261Page 32, line 12, 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 licensing scheme when doing so."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

262Page 32, line 12, at beginning insert "subject to subsection (5),"
 

THE LORD HODGSON OF ASTLEY ABBOTTS

263Page 32, line 12, at end insert—
  "having regard to the cost of providing the licensing function"
264Page 32, line 13, leave out subsections (2) to (4)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

265Page 32, line 13, leave out "Regulations" and insert "The relevant licensing authority"
266Page 32, line 13, leave out "the relevant licensing authority" and insert "it"
267Page 32, leave out line 15 and insert "The relevant licensing authority shall prescribe"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

268Page 32, line 16, at beginning insert "subject to subsection (5),"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

269Page 32, line 17, at end insert—
"(   )  Different amounts may be prescribed for different cases or classes of case."
 

THE BARONESS THORNTON
THE VISCOUNT FALKLAND
THE LORD REDESDALE

270Page 32, line 18, leave out subsection (4) and insert—
"(4)  If the annual fee is not paid by the prescribed time, the relevant premises licence will lapse on that date.
(4A)  If a licence lapses under the provisions of subsection (4), the former holder of that licence may for a period of three months, commencing on the date the licence lapsed, seek reinstatement of the licence.
(4B)  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.
(4C)  The licence shall be deemed to have been reinstated as soon as the requisite fees have been received by the licensing authority."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

271Page 32, line 19, at end insert—
"(5)  Regulations made under this section may prescribe circumstances in which any fee payable by virtue of this section may be varied (up to such maximum level as may be prescribed) by a licensing authority in order to take into account the cost to that authority of processing licensing applications."
 

Clause 56

 

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

272Page 33, line 6, leave out "at the premises"
273Page 33, line 8, leave out paragraph (b) and insert—
"(b)  the premises supervisor"
274Page 33, line 12, leave out from first "the" to end of line 13 and insert "name of the premises supervisor"
275Page 33, line 17, leave out from "the" to "to" in line 19 and insert "premises supervisor"
276Page 33, line 20, at end insert "within a period of seven days"
 

Clause 61

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

277Page 35, line 18, leave out "two days" and insert "48 hours"
 

THE LORD FAULKNER OF WORCESTER
THE LORD LESTER OF HERNE HILL

278Page 35, line 28, at end insert—
"(7)  Nothing in the following condition applies to a club which restricts membership to persons of one sex.
(8)  Condition 6 is that the club does not—
(a)  in the case of a woman who is not a member, discriminate against her—
(i)  in the terms on which it is prepared to admit her to membership; or
(ii)  by refusing or deliberately omitting to accept her application for membership;
(b)  in the case of a woman who is a member or associate of the club, discriminate against her—
(i)  in the way it affords her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them;
(ii)  in the case of a member, by depriving her of membership, or varying the terms on which she is a member;
(iii)  in the case of a member, by offering her rights of participation in the governance of the club of lesser efficacy than a male member of the club;
(iv)  in the case of an associate, by depriving her of her rights as an associate, or varying those rights;
(v)  in the case of an associate, by offering her rights of participation in the governance of the club of lesser efficacy than a male associate of the club; or
(vi)  in either case, by subjecting her to any other form of detriment; or
(c)  in offering (whether for payment or not) goods, facilities or services to persons who are not members or associates of the club, discriminate against a woman who is not a member or associate of the club and who seeks to obtain or use those goods, facilities or services—
(i)  by refusing or deliberately omitting to provide her with any of them;
(ii)  by refusing or deliberately omitting to provide her with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in this case in relation to a man who is not a member or associate of the club.
(9)  The following are examples of the facilities and services mentioned in condition 6—
(a)  access to and any use of any place where persons who are not members or associates of the club are permitted to enter;
(b)  accommodation in a hotel, boarding house or other similar establishment;
(c)  facilities for entertainment, recreation or refreshment;
(d)  facilities for transport or travel.
(10)  For the purposes of condition 6(a)—
(a)  a person is a member of a club if he belongs to it by virtue of his admission to any sort of membership provided for by any constitution, rule, policy or practice of the club (and is not merely a person with certain rights by virtue of his membership of some other club) and references to membership of a club shall be construed accordingly;
(b)  a person is an associate of a club if, not being a member of it, he has under or by its constitution, rule, policy or practice some or all of the rights enjoyed by members (or would have apart from any constitution, rule, policy or practice thereof authorising the refusal of those rights in particular cases).
(11)  Nothing in condition 6 shall affect—
(a)  the provision of separate facilities or services, or the separate use of facilities or services, for men and women, if the facilities or services are provided for, or are likely to be used by, two or more persons at the same time and—
(i)  the facilities or services are such, or those persons are such, that male users are likely to suffer serious embarrassment at the presence of a woman;
(ii)  the facilities or services are such that a user is likely to be in a state of undress and a male user might reasonably object to the presence of a female user; or
(iii)  the facilities or services are such that physical contact between the user and any other person is likely, and that other person might reasonably object if the user were a woman; or
(b)  the provision of facilities or services restricted to men, or of separate facilities or services for men and women, if—
(i)  the club exists for the purposes of an organized religion; and
(ii)  such restrictions or use are maintained so as to comply with the doctrines of that religion or avoid offending the religious susceptibilities of a substantial number of its followers."
 

THE LORD LESTER OF HERNE HILL
THE BARONESS HARRIS OF RICHMOND
THE LORD FAULKNER OF WORCESTER

279Page 35, line 28, at end insert—
"(6A)  Condition 6 is that the club may not practise sex discrimation in the arrangements made or operated as regards—
(a)  admission to membership or admission as an associate member;
(b)  the terms and benefits of the membership or the terms and benefits of participation as an associate member;
(c)  the termination of membership or the termination of associate membership; or
(d)  the provision of goods, facilities or services of the club to the public or to a section of the public, within the meaning of section 29 of the Sex Discrimination Act 1975 (c. 65) (goods, facilities, services and premises)."
 

After Clause 61

 

THE LORD LESTER OF HERNE HILL
THE BARONESS HARRIS OF RICHMOND
THE LORD FAULKNER OF WORCESTER

280Insert the following new Clause—
  "Exceptions from condition 6 for certain clubs
  Condition 6 in section 61 (other than subsection (6A)(d)) does not apply if the main object of the club is to enable the benefits of membership (whatever they may be) to be enjoyed wholly by men or wholly by women (as the case may be); and in determining whether that is the main object of an association, regard shall be had to the essential character of the association and to all relevant circumstances including, in particular, the extent to which the affairs of the association are so conducted that the persons enjoying the benefits of membership are wholly men or women (as the case may be)."
 

Clause 68

 

THE LORD BROOKE OF SUTTON MANDEVILLE

281Page 39, line 14, at end insert—
"(   )  any other person who in pursuance of arrangements made with the licensing authority is so authorised, and any employee of such person,"
282Page 39, line 21, leave out "statutory functions" and insert "legal powers"
283Page 39, line 23, at end insert ", the prevention of crime and disorder, ensuring the safety of the public and protecting children from harm"
284Page 39, line 23, 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

285Page 39, line 28, leave out "vicinity of the premises" and insert "locality"
 

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

286Page 39, line 28, at end insert "or who the licensing authority considers may be affected by the use of the premises for the purposes of a club"
287Page 39, line 29, 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

288Page 39, line 29, leave out "representing" and insert "which the licensing authority considers is representative of"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

289Page 39, line 29, leave out "that vicinity" and insert "the locality"
 

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

290Page 39, line 29, at end insert—
"(   )  a body which the licensing authority considers is representative of amenity interests in that vicinity,"
291Page 39, line 30, after "business" insert "or other organisation located"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

292Page 39, line 30, leave out "that vicinity" and insert "the locality"
 

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

293Page 39, line 31, at end insert "or organisations"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD TOPE

294Page 39, line 31, at end insert—
"(   )  any other legitimately affected person"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

295Page 39, line 31, 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 LORD BROOKE OF SUTTON MANDEVILLE

296Page 39, line 39, leave out from "authority" to end of line 42 and insert "for the area in which the premises are situated"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

297Page 39, line 42, at end insert "or preventing crime and disorder"
298Page 39, line 42, at end insert—
"(   )  the local weights and measures authority for the area in which the premises are situated"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

299Page 40, line 7, leave out from "section," to end of line 8 and insert ""legal powers", means any powers, duties or obligations conferred by or under any enactment, statute or by decision of a court"

 
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©Parliamentary copyright 2002
18 December 2002