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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT


 

Schedule 1

 

THE BARONESS BLACKSTONE

Page 108, line 32, leave out from "of" to ", and" in line 33 and insert—
"(i)  any person concerned in the organisation or management of that entertainment, or
(ii)  any person concerned in the organisation or management of those facilities who is also concerned in the organisation or management of the entertainment within paragraph 3(2) in which those facilities enable persons to take part"
Page 108, line 37, at end insert—
"(   )  For the purposes of sub-paragraph (4)(a), where the entertainment consists of the peformance of live music or the playing of recorded music, a person performing or playing the music is not concerned in the organisation or management of the entertainment by reason only that he does one or more of the following—
(a)  chooses the music to be performed or played,
(b)  determines the manner in which he performs or plays it,
(c)  provides any facilities for the purposes of his performance or playing of the music."
 

Clause 7

 

THE BARONESS BLACKSTONE

Page 4, line 44, at end insert—
"(   )  In a case where an authority exercises its power under subsection (5)(b), its licensing committee must (unless the matter is urgent) consider any report of any of the authority's other committees with respect to the matter before discharging the function concerned."
 

Clause 13

 

THE BARONESS BLACKSTONE

Page 8, line 30, at end insert—
"(   )  the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c. 8) for any area in which the premises are situated,"
 

Clause 17

 

THE BARONESS BLACKSTONE

Page 11, line 9, leave out "Regulations may" and insert "The Secretary of State must by regulations"
 

Clause 29

 

THE BARONESS BLACKSTONE

Page 16, line 35, leave out "power to make regulations under" and insert "duty to make regulations imposed on the Secretary of State by"
Page 16, line 38, after "made" insert "under section 17(5)(a)"
 

Clause 33

 

THE BARONESS BLACKSTONE

Page 19, line 15, leave out "power to make regulations under" and insert "duty to make regulations imposed on the Secretary of State by"
 

Clause 50

 

THE BARONESS BLACKSTONE

Page 29, line 30, leave out "Regulations under this section may" and insert "The Secretary of State must by regulations under this section"
 

Clause 68

 

THE BARONESS BLACKSTONE

Page 39, line 38, at end insert—
"(   )  the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c. 8) for any area in which the premises are situated,"
 

Clause 70

 

THE BARONESS BLACKSTONE

Page 41, line 4, leave out "Regulations may" and insert "The Secretary of State must by regulations"
 

Clause 71

 

THE BARONESS BLACKSTONE

Page 41, line 26, leave out from "application" to end of line 28
Page 41, line 40, leave out from "objectives" to end of line 42
 

Clause 72

 

THE BARONESS BLACKSTONE

Leave out Clause 72
 

Clause 82

 

THE BARONESS BLACKSTONE

Page 46, line 23, leave out "power to make regulations under" and insert "duty to make regulations imposed on the Secretary of State by"
 

Clause 83

 

THE BARONESS BLACKSTONE

Page 47, line 17, leave out subsection (7)
 

Clause 85

 

THE BARONESS BLACKSTONE

Page 48, line 19, leave out "Regulations under this section may" and insert "The Secretary of State must by regulations under this section"
 

Clause 86

 

THE BARONESS BLACKSTONE

Page 49, line 32, leave out subsection (5)
 

Schedule 4

 

THE BARONESS BLACKSTONE

Page 116, line 38, at end insert—
".  An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—
(a)  section 107(1)(d)(iii) (public exhibition in the course of a business of article infringing copyright);
(b)  section 198(2) (broadcast etc. of recording of performance made without sufficient consent);
(c)  section 297(1) (fraudulent reception of transmission);
(d)  section 297A(1) (supply etc. of unauthorised decoder)."
 

Clause 130

 

THE BARONESS BLACKSTONE

Page 72, line 7, leave out from "apply," to "or" in line 9
 

Clause 134

 

THE BARONESS BLACKSTONE

Page 74, line 9, at end insert—
"(1A)  Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence under this section if his only involvement in the provision of the entertainment is that he—
(a)  performs in a play,
(b)  participates as a sportsman in an indoor sporting event,
(c)  boxes or wrestles in a boxing or wrestling entertainment,
(d)  performs live music,
(e)  plays recorded music,
(f)  performs dance, or
(g)  does something coming within pargraph 2(1)(h) of Schedule 1 (entertainment similar to music, dance, etc.).
(1B)  Subsection (1A) is to be construed in accordance with Part 3 of Schedule 1."
 

Clause 137

 

THE BARONESS BLACKSTONE

Page 75, line 12, leave out "section" and insert "subsection"
 

Clause 164

 

THE BARONESS BLACKSTONE

Page 89, line 34, leave out "Regulations may" and insert "The Secretary of State must by regulations"
 

Clause 169

 

THE BARONESS BLACKSTONE

Page 94, line 6, at end insert—
"(   )  Before making an order under this section, the Secretary of State must consult such persons as he considers appropriate."
 

Clause 177

 

THE BARONESS BLACKSTONE

Page 98, line 15, leave out subsection (1) and insert—
"(1)  The Secretary of State must issue guidance ("the licensing guidance") to licensing authorities on the discharge of their functions under this Act.
(1A)  But the Secretary of State may not issue the licensing guidance unless a draft of it has been laid before, and approved by resolution of, each House of Parliament.
(1B)  The Secretary of State may, from time to time, revise the licensing guidance.
(1C)  A revised version of the licensing guidance does not come into force until the Secretary of State lays it before Parliament.
(1D)  Where either House, before the end of the period of 40 days beginning with the day on which a revised version of the licensing guidance is laid before it, by resolution disapproves that version—
(a)  the Secretary of State must, under subsection (1B), make such further revisions to the licensing guidance as appear to him to be required in the circumstances, and
(b)  before the end of the period of 40 days beginning with the date on which the resolution is made, lay a further revised version of the licensing guidance before Parliament.
(1E)  In reckoning any period of 40 days for the purpose of subsection (1D), no account is to be taken of any time during which—
(a)  Parliament is dissolved or prorogued, or
(b)  both Houses are adjourned for more than four days."
 

Clause 178

 

THE BARONESS BLACKSTONE

Page 98, line 28, at end insert ";
(   )  prescribe the period within which an application, in relation to which a hearing has been held, must be determined or any other step in the procedure must be taken"
 

Schedule 8

 

THE BARONESS BLACKSTONE

Page 164, line 9, leave out from first "and" to "in" in line 10 and insert "section 73 (prohibited conditions in club premises certificates) applies"
Page 164, line 14, leave out "sections 72 and" and insert "section"
Page 168, line 15, leave out "1964 Act" and insert "Licensing Act 1964 (c. 26)"

 
 
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©Parliamentary copyright 2003
18 February 2003