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

House of Lords

back to previous amendments

 

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 the 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

 

THE EARL OF LISTOWEL

419Insert 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."
 

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 the 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)
 

Clause 174

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

437Page 97, line 27, at end insert "unless a constable or an authorised person has reasonable cause to believe that there are activities being carried on at the premises which would require a premises licence to be in force at the premises"
 

Clause 175

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

438Page 97, line 29, after "constable" insert "and an authorised person"
 

Clause 176

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

439Page 98, line 6, at end insert—
"(   )  In making its decision the court must have regard to the statement of licensing policy of the relevant licensing authority."
 

Schedule 5

 

THE LORD BROOKE OF SUTTON MANDEVILLE

440Page 117, line 11, at end insert—
 

"PART A1
RELEVANT REPRESENTATIONS

 

Rejection of representations

 1      Where a licensing authority rejects a representation from a party on the grounds that—
(a)  the person is not qualified to make relevant representations,
(b)  the representation is not relevant to the licensing objectives, or
(c)  the representation is not relevant because it contravenes a regulation made pursuant to this Act,
  he may appeal against the decision within 21 days of receiving notice of that decision.
 2      Where a licensing authority has rejected a representation from a party, the licensing authority may not determine the application—
(a)  until the end of the period for appealing against the decision to reject the representation, and
(b)  if the decision is appealed against, until the appeal is disposed of."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

441Page 117, line 18, leave out paragraph (c)
 

THE LORD COBBOLD

441ZAPage 117, line 20, at end insert—
"(e)  requires a fee under section 54, the amount of which the applicant considers to be unreasonable,"
 

THE LORD HARRIS OF HARINGEY

441APage 117, line 24, at end insert "or grants a premises licence with a condition under section (Police representations)"
441BPage 117, line 36, at end insert "or that, on granting the licence under section (Police representations) ought to have imposed a condition or a different condition"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

442Page 118, line 26, leave out paragraph 5
443Page 119, line 39, at end insert—
"(   )  A licensing appeal will be heard by a panel of justices elected by the bench at their annual general meeting, whose task will be to hear all matters of appellate jurisdiction."
 

Clause 188

 

THE LORD COBBOLD

444Page 103, line 27, leave out "place" and insert "building or open space for which a licence may be applied"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

445Page 103, line 29, at end insert—
 ""public nuisance" shall include (but is not limited to) nuisance caused by noise, waste, smells and other pollutants of the environment as well as obstructions caused by persons, objects and cars;"
 

After Clause 191

 

THE BARONESS BUSCOMBE
THE LORD LUKE

446Insert the following new Clause—
  "Annual report on effects of licensing policy on public health
(1)  The Secretary of State shall publish each year a report on the effects on public health of the change in licensing policy introduced under this Act.
(2)  In each report under subsection (1) the Secretary of State shall include—
(a)  an assessment by the Chief Medical Officer of the public health advantages and disadvantages of alcohol and the licensing policy set out under this Act, including, specifically, the benefits of 24-hour drinking and the impact of the operation of the Act on young people between the ages of 16 and 21 and on children,
(b)  a statement of the number of facilities in England and Wales offering 24-hour drinking, listed by the licensing authority,
(c)  a statement of the number of fixed penalty offences, cautions and convictions for alcohol related offences in the preceding year, together with details of the number of recorded offences under Part 7 of this Act,
(d)  an estimate of the number of days lost to work as a result of alcohol related absence,
(e)  an estimate of the cost to the National Health Service of treating alcohol related illness,
(f)  a statement by the Secretary of State as to whether the reform of licensing policy has had any effect on the factors in paragraphs (b) to (e),
(g)  a statement from the bodies representing licensing authorities under section 3(1) setting out the costs of implementing licensing policy under this Act; whether those costs have been fully recovered through fees; and the impact, if any, of policy under this Act on the level and nature of crime, vandalism, nuisance, noise or other anti-social behaviour in England and Wales, and in compiling their report under this paragraph the local government representative bodies shall consult each of the licensing authorities which are members of their associations and shall, as appropriate, report on costs and effects in each licensing authority."

 
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©Parliamentary copyright 2002
18 December 2002