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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 4

 

THE LORD CLARKE OF HAMPSTEAD

Page 3, line 12, at end insert—
"(e)  the protection of residential amenity."
 

Clause 5

 

THE LORD NORTHBOURNE

Page 3, line 38, at end insert "and of schools, social services and parents in its area"
 

THE LORD CLARKE OF HAMPSTEAD

Page 4, line 4, after "revision of policies" insert "including policies relating to the management of cumulative impact and saturation"
 

Clause 8

 

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

Page 5, line 13, at end insert—
"(   )  the name and address 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,"
 

Clause 15

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 9, line 8, leave out from "individual" to the end of line 9 and insert "who has been nominated as the premises supervisor by the applicant for or holder of the premises licence and who has consented to act as such"
 

Clause 18

 

THE LORD CLARKE OF HAMPSTEAD

Page 11, line 29, after "application" insert "unless a saturation policy is in place"
 

Clause 27

 

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

Page 15, line 34, leave out from "he" to the end of line 35 and insert "shall give written notice to the relevant licensing authority and any person who has registered an interest in the premises under section 32(6) and the licensing authority shall not accept such surrender unless satisfied that the person so registered duly consents"
 

Clause 30

 

THE LORD CLARKE OF HAMPSTEAD

Page 17, line 6, after "made" insert "subject to the adoption of a saturation policy by the licensing authority"
 

Clause 32

 

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

Page 18, line 42, at end insert—
"(   )  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, subject to the payment of such fee as may be prescribed.
(   )  It shall be the duty of the relevant licensing authority as soon as reasonably practicable to notify any person registered under the preceding subsection of any matter entered in the licensing register under section 8(1)(c), save for notices recorded under paragraphs (b), (g), (h), (m), (r), (s), (t), (u), (v), (w), (x), or (y) of Schedule 3."
 

Clause 34

 

THE LORD CLARKE OF HAMPSTEAD

Page 19, line 23, after "application" insert "unless a saturation policy is in place"
 

Clause 54

 

THE BARONESS THORNTON

Page 32, line 12, leave out paragraph (b) and insert—
"(b)  prescribe guidance for licensing authorities when setting the amount of the fee and what may be charged for under the fee."
Page 32, line 18, leave out subsection (4) and insert—
"(4)  If the annual fee is not paid by the prescribed time, the relevant premises licence will lapse on that date.
(5)  If a licence lapses under the provisions of subsection (4), the former holder of that licence may for a period of three months, commencing on the date the licence lapsed, seek reinstatement of the licence.
(6)  The applicant for reinstatement shall pay to the relevant licensing authority the annual fee together with such reasonable reinstatement fee fixed in advance by that licensing authority.
(7)  The premises licence shall be deemed to have been reinstated as soon as the requisite fees have been received by the licensing authority."
 

Clause 90

 

THE BARONESS THORNTON

Page 51, line 37, leave out paragraph (b) and insert—
"(b)  prescribe guidance for licensing authorities when setting the amount of the fee and what may be charged for under the fee,"
Page 51, line 39, leave out subsection (4) and insert—
"(4)  If the annual fee is not paid by the prescribed time, the relevant club premises certificate will lapse on that date.
(5)  If a certificate lapses under the provisions of subsection (4), the former holder of that certificate may for a period of three months, commencing on the date the licence lapsed, seek reinstatement of the certificate.
(6)  The applicant for reinstatement shall pay to the relevant licensing authority the annual fee together with such reasonable reinstatement fee fixed in advance by that licensing authority.
(7)  The club premises certificate shall be deemed to have been reinstated as soon as the requisite fees have been received by the licensing authority."
 

Clause 102

 

THE LORD CLARKE OF HAMPSTEAD

Leave out Clause 102 and insert the following new Clause—
  "Objections to notice by the relevant authorities
(1)  The premises user must give a copy of any temporary event notice to the relevant authorities no later than twenty-eight working days before the day on which the event period specified in the notice begins.
(2)  Where the relevant authorities receive a copy notice under subsection (1) and are satisfied that allowing the premises to be used in accordance with the notice would undermine any of the licensing objectives, they must give a notice specifying the reasons why they are so satisfied (an "objection notice")—
(a)  to the relevant licensing authority, and
(b)  to the premises user.
(3)  The objection notice must be given no later than 48 hours after the relevant authorities are given a copy of the temporary event notice under subsection (1).
(4)  Subsection (2) does not apply at any time after the relevant authorities have received a counter notice under section 105 in respect of the temporary event notice.
(5)  In this section "relevant authorities" means—
(a)  the chief officer of police, the relevant officer of the fire authority and the relevant officer of the licensing authority for the area where the premises are situated, and
(b)  where the premises are situated in two or more areas, the chief officer of police, the relevant officer of the fire authority and the relevant officer of the licensing authority for each of those areas.
 

Clause 103

 

THE LORD CLARKE OF HAMPSTEAD

Page 57, line 39, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
Page 58, leave out line 3 and insert "the licensing objectives to do so"
Page 58, line 6, leave out "chief officer of police" and insert "officer of police or fire authority or licensing authority"
Page 58, line 23, leave out "chief officer of police"" and insert "officer of police or fire authority or licensing authority""
 

Clause 104

 

THE LORD CLARKE OF HAMPSTEAD

Page 58, line 26, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
Page 58, line 30, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
Page 59, line 2, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
Page 59, line 4, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
Page 59, line 6, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

Clause 110

 

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

Page 62, line 21, leave out from first "the" to end and insert "Central Licensing Authority"
 

Clause 146

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 79, line 27, leave out subsections (1) and (2)
Page 80, line 22, leave out paragraph (a)
 

Clause 147

 

THE BARONESS BUSCOMBE
THE LORD LUKE

Page 80, line 27, leave out subsection (1)
Page 81, line 3, leave out paragraph (a)
 

Clause 170

 

THE LORD GREENWAY

Page 94, line 25, at end insert—
"(   )  aboard a vessel licensed to carry less than 100 passengers engaged on a journey,"
 

Schedule 8

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

Page 154, line 45, leave out "disregarded" and insert "regarded"
Page 154, line 45, after second "to" insert "existing"
Page 165, line 25, after "licence" insert "or a person who has held a justices' licence within the last 12 months prior to the appointed day, that has not been subsequently revoked"
Page 166, line 39, after "licence" insert "or a person who has held a justices' licence within the last 12 months prior to the appointed day, that has not been subsequently revoked"

 
 
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©Parliamentary copyright 2003
20 February 2003