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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 3

 

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

Page 3, line 1, at end insert—
"(   )  for purposes of personal licences, the central licensing authority."
 

After Clause 3

 

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

Insert the following new Clause—
  "Central Licensing Authority
(1)  There shall be a body corporate to be known as the Central Licensing Authority (in this Act referred to as "the Central Authority").
(2)  The functions of the Central Authority shall be—
(a)  to act as the licensing authority for personal licences under Part 6 of this Act, and
(b)  such other functions as may be conferred on it by an order made by the Secretary of State.
(3)  The Secretary of State may by regulations make provision about the membership and staff of the Central Authority.
(4)  The expenses of the Central Authority shall be paid by the Secretary of State out of money provided by Parliament.
(5)  Any order or regulations made under this section shall be made by statutory instrument, and no order or regulations shall be made unless a draft of the order or regulations has been approved by a resolution of each House of Parliament."
 

Clause 4

 

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

Page 3, line 16, leave out "guidance" and insert "regulations"
 

Clause 9

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 5, line 35, leave out "and the quorum for meetings"
 

Clause 27

 

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

Page 15, line 34, leave out from "he" to end of line 35 and insert "shall give the relevant licensing authority and any person who has registered an interest in the premises under section 35(5A) a notice to that effect, and the licensing authority shall not accept such surrender unless satisfied that the person so registered duly consents"
 

Clause 32

 

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

Page 18, line 42, 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 46

 

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

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

Clause 115

 

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

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

Clause 116

 

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

Page 64, line 14, leave out from second "the" to the end of line 15 and insert "central licensing authority"
 

Clause 121

 

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

Page 66, line 40, leave out from second "the" to end of line 41 and insert "central licensing authority"
 

Clause 170

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 94, line 30, at end insert—
"(   )  at premises in respect of which a licence under the Gaming Act 1968 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 177

 

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

Leave out Clause 177 and insert 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."
 

Schedule 1

 

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

Page 110, line 16, leave out "recorded"
Page 110, line 32, at end insert—
 

"Unamplified music incidental to certain other activities

(1)      The provision of entertainment consisting of the performance of live music (and not comprising or including the playing of recorded music) is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that the conditions specified in sub-paragraph (2) are satisfied and to the extent that it is incidental to some other activity that is not itself—
(a)  entertainment of a description falling within paragraph 2, or
(b)  the provision of entertainment facilities.
(2)      The conditions referred to in sub-paragraph (1) are that—
(a)  the other activity referred to in sub-paragraph (1) is the subject of, and is undertaken in accordance with, a licence granted under this Act;
(b)  the live music being performed is not provided in whole or part by means of, or with the assistance of, electrical or electronic amplification, or made more readily audible by such amplification either in the place where the performance is occurring or in any other place."
 

Schedule 6

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 133, line 42, at end insert—
"51A (1)      Section 11 (provisions as to licensing and registration) is amended as follows.
(1)      For subsection (1) substitute—
    "(1)      The provisions of Schedule 2 to this Act shall have effect with respect to the licensing of premises for gaming and in England and Wales for licensable activities ancillary thereto."
(2)      At end insert—
    "(3)      In this section "licensable activities" has the same meaning as in the Licensing Act 2003"."

 
 
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©Parliamentary copyright 2003
5 February 2003