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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 13

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

Leave out Clause 13
 

Clause 18

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

Page 11, line 27, at end insert ", and
(c)  is satisfied, following an assessment by an authorised person under section 58(2)(a) that the likely effect of the grant of the application would be to enhance the promotion of the licensing objectives"
 

Clause 51

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

Page 30, line 40, at end insert "together with an assessment by an authorised person under section 58(2)(b) that the effect of the activities authorised by the premises licence is to enhance the promotion of the licensing objectives"
 

Clause 58

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

Page 34, line 16, leave out "or an authorised person"
 

Clause 68

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

Leave out Clause 68
 

Clause 106

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

Page 60, line 22, leave out "officer" and insert "person"
Page 60, line 25, leave out "officer" and insert "person"
Page 60, line 27, leave out "officer" and insert "person"
Page 60, line 31, leave out subsection (5)
 

Clause 174

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

Page 97, leave out lines 29 and 30
 

After Clause 187

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

Insert the following new Clause—
  "
(1)  In this Act in relation to any premises each of the following expressions has the meaning given to it by this section—
     "authorised person",
     "interested party",
     "responsible authority".
(2)  "Authorised person" means any of the following—
(a)  an officer of a licensing authority in whose area the premises or any part of them are situated who is authorised by that authority for the purposes of this Act,
(b)  an inspector appointed under section 18 of the Fire Precautions Act 1971 (c. 40),
(c)  an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37),
(d)  an officer of a local authority, in whose area the premises are situated, who is authorised by that authority for the purposes of exercising one or more of its statutory functions in relation to the licensing objectives,
(e)  in relation to a vessel, an inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 (c. 21),
(f)  a person prescribed for the purposes of this Act.
(3)  "Interested party" means any of the following—
(a)  a person living in the neighbourhood of the premises,
(b)  a body representing persons who live in that neighbourhood,
(c)  a person involved in a business in that neighbourhood,
(d)  a body representing persons involved in such businesses.
(4)  "Responsible authority" means any of the following—
(a)  the chief officer of police for any police area in which the premises are situated,
(b)  the fire authority for any area in which the premises are situated,
(c)  the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc. Act 1974 for any area in which the premises are situated,
(d)  the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to the licensing objectives,
(e)  any licensing authority (other than the relevant licensing authority) in whose area part of the premises is situated,
(f)  in relation to a vessel—
(i)  a navigation authority (within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57)) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is, or is proposed to be, navigated at a time when it is used for licensable or qualifying club activities,
(ii)  the Environment Agency,
(iii)  the British Waterways Board, or
(iv)  the Secretary of State,
(g)  a person prescribed for the purposes of this Act.
(5)  For the purposes of this section, "statutory function" means a function conferred by or under any enactment."
 

Clause 189

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

Page 104, line 10, leave out "in Part 3"
Page 104, line 10, leave out "section 13" and insert "section ("Meaning of "authorised persons", "interested parties" and "responsible authorities"")"
Page 104, leave out line 11

 
 
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©Parliamentary copyright 2003
19 February 2003