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

House of Lords

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Clause 104

 

THE LORD CLARKE OF HAMPSTEAD

354Page 58, line 26, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

355Page 58, line 26, at end insert "or any person has given an interested party notice"
356Page 58, line 27, after second "notice" insert "or interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

357Page 58, line 30, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

358Page 58, line 30, after "police" insert ", or (in the case of an interested party notice, the relevant licensing authority)"
 

THE LORD CLARKE OF HAMPSTEAD

359Page 59, line 2, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
360Page 59, line 4, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
361Page 59, line 6, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

Clause 105

 

THE LORD BROOKE OF SUTTON MANDEVILLE

362Page 59, line 16, leave out "or (4)" and insert ", (4) or (4A)"
 

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

363Page 59, line 28, leave out "five" and insert "thirty"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

364Page 59, line 33, at end insert—
"(4A)  This subsection applies if, in respect of the whole or any part of the relevant premises, or premises which include the whole or any part of those premises, an application for a premises licence under Part 3 has been refused by the licensing authority within the same year as the event specified in notice A."
365Page 59, line 34, leave out "and (4)" and insert ", (4) and (4A)"
 

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

366Page 59, line 38, leave out "24" and insert "72"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

367Page 59, line 40, leave out "or (4)" and insert ", (4) and (4A)"
368Leave out Clause 105 and insert the following new Clause—
  "Temporary events
  Subject to its duty to promote the licensing objectives, having regard to its licensing statement, the licensing authority may permit temporary events in its area as it sees fit."
 

Clause 109

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

369Page 62, line 14, after "alcohol" insert "or provide regulated entertainment"
 

THE BARONESS THORNTON

370Page 62, line 14, leave out "in accordance with a premises licence" and insert "or unless a dispensation has been granted by the relevant licensing authority, to carry on any other licensable activity, in accordance with the terms of the premises licence"
 

Clause 110

 

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

370APage 62, line 21, leave out "which granted the licence" and insert "where the personal licence holder is normally resident or where the personal licence holder is registered as the premises supervisor."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

 The above-named Lords give notice of their intention to oppose the Question that Clause 110 stand part of the Bill.
 

After Clause 111

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

371Insert the following new Clause—
  "Meaning of "serious offence"
(1)  In this Part "serious offence" means a relevant offence to which subsection (2) applies and in respect of which a custodial sentence of at least 30 months was imposed.
(2)  The relevant offences to which this subsection applies are—
(a)  any sexual offence, within the meaning of section 161(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (interpretation),
(b)  any violent offence, within the meaning of section 161(3) of that Act,
(c)  any relevant offence under the Theft Act 1968 (c. 60) or the Theft Act 1978 (c. 31), and
(d)  any relevant offence under the Forgery and Counterfeiting Act 1981 (c. 45).
(3)  In subsection (2) "custodial sentence" has the same meaning as in section 76 of the Powers of the Criminal Courts (Sentencing) Act 2000 (c. 6) (meaning of "custodial sentence")."
 

Schedule 4

 

THE LORD BROOKE OF SUTTON MANDEVILLE

372Page 115, line 35, at end insert—
      "An offence under the Children and Young Persons Act 1933 (c. 12)."
373Page 116, line 22, at end insert—
      "An offence under the Health and Safety at Work (etc) Act 1974 (c. 37)."
374Page 117, line 2, at end insert—
      "An offence under section 80(4) of the Environmental Protection Act 1990 (c. 43) (statutory nuisances)."
 

Clause 112

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HARRIS OF RICHMOND

375Page 62, line 32, leave out subsections (2) to (4)
 

Clause 113

 

THE LORD BROOKE OF SUTTON MANDEVILLE

376Page 63, line 10, leave out "ten" and insert "five"
377Page 63, line 12, leave out "ten" and insert "five"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

378Page 63, line 21, leave out "And"
 

Clause 115

 

THE BARONESS BUSCOMBE
THE LORD LUKE

379Page 63, line 37, leave out subsection (2) and insert—
"(   )  An application for the grant of a personal licence must be made to the central licensing authority."
 

THE LORD BROOKE OF SUTTON MANDEVILLE

380Page 64, line 2, at end insert—
"(   )  An application for the grant or renewal of a personal licence must be accompanied by a list of licensed premises at which the applicant has been employed, or in respect of which he has played a part in the management in the five years preceding the application."
 

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)"

 
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©Parliamentary copyright 2002
18 December 2002