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

House of Lords

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Clause 35

 

THE LORD BROOKE OF SUTTON MANDEVILLE

102*Page 20, line 20, leave out from beginning to second "the"
103*Page 20, leave out lines 25 to 27 and insert—
"(   )  That time is the time specified by the licensing authority but it shall not be before—
(a)  the end of the period given for appealing against the decision, or
(b)  if the decision is appealed against, until after the appeal is disposed of."
 

Clause 36

 

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

104Page 21, line 4, leave out from "alcohol" to "premises" in line 6 and insert "shall give notice to the relevant licensing authority in the prescribed form and including a statement of the prescribed information in respect of the individual ("the proposed individual") whom the holder wishes to nominate as the premises supervisor in place of, or in substitution for, the existing premises supervisor or where there is no"
105Page 21, line 13, leave out paragraph (b)
106Page 21, line 16, leave out subsections (4) to (6)
 

Clause 37

 

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

107Leave out Clause 37
 

Clause 38

 

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

108Leave out Clause 38
 

Clause 39

 

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

109Leave out Clause 39
 

Clause 40

 

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

110Page 23, line 3, leave out subsection (3)
111Page 23, line 10, leave out paragraph (b)
112Page 23, line 15, leave out subsections (5) and (6)
113Leave out Clause 40
 

Clause 46

 

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

114Page 27, line 2, at end insert—
"(   )  that person has registered an interest in the premises under section 32(6) of this Act."
 

Clause 50

 

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

115Page 29, line 27, at end insert—
"(1A)  Without prejudice to subsection (1), the chief officer of police for the police area in which any premises are situated must apply for a review of the premises licence for those premises if he is aware that there is being, or had been, carried on at those premises the sale, letting for hire, playing or exhibition of sound recordings, films, broadcasts or cable programmes in circumstances which amount to an infringement of copyright for the purpose of the Copyright, Designs and Patents Act 1988 (c. 48).
(1B)  In subsection (1A) "sound recordings", "films", "broadcasts" and "cable programmes" have the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48) (copyright)."
 

THE BARONESS BLACKSTONE

116Page 29, line 30, leave out "Regulations under this section may" and insert "The Secretary of State must by regulations under this section"
 

Clause 51

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE

117Page 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"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

118*Page 30, line 42, after "representations," insert "and other material considerations,"
 

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

119Page 31, line 1, leave out paragraph (c)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

120*Page 31, line 3, at end insert "or
(   )  to take such other actions as it deems necessary in the circumstances"
 

Clause 54

 

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

121Page 32, line 11, after "section" insert "36 or"
 

THE BARONESS THORNTON

122Page 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."
123Page 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."
 

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

124Page 32, line 19, at end insert—
"(   )  In regulations made under this section, the Secretary of State shall prescribe a nil fee to certain categories of premises which shall include—
(a)  church halls,
(b)  village halls,
(c)  parish halls,
(d)  community centres, and
(e)  similar community buildings."
 

Clause 58

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE

125Page 34, line 16, leave out "or an authorised person"
 

Clause 61

 

THE LORD LESTER OF HERNE HILL
THE LORD FAULKNER OF WORCESTER
THE BARONESS BUSCOMBE

126Page 35, line 28, at end insert—
"(7)  Nothing in the following condition applies to a club which restricts membership to persons of one sex.
(8)  Condition 6 is that the club does not practise sex discrimination (within the meaning of section 1(1) of the Sex Discrimination Act 1975 (c. 65) (sex discrimination against women)) in the arrangements made or operated as regards the rights of participation in the governance of the club."
 

THE LORD LESTER OF HERNE HILL

127Page 35, line 28, at end insert—
"(9)  Condition 7 is that there is no finding by a court in proceedings under section 20 of the Race Relations Act 1976 (c. 74) (discrimination in provision of goods, facilities or services) that the club has done an act which is unlawful by virtue of section 25 (discrimination: associations not within section 11) of that Act.
(10)  Subsection (9) does not apply where—
(a)  those proceedings were commenced or that finding was made before the coming into force of this provision, or
(b)  the finding was made more than three years before the relevant application under section 70 of this Act."
 

Clause 63

 

THE LORD LESTER OF HERNE HILL

128Page 36, line 16, at end insert "and (except in the case of a club which restricts membership to persons of one sex) are elected irrespective of sex"
 

Clause 68

 

THE LORD BROOKE OF SUTTON MANDEVILLE

129*Page 39, line 21, leave out "statutory functions" and insert "lawful powers"
130*Page 39, line 28, at end insert "or any other person who, or organisation which, the licensing authority considers may be affected by the use of the premises for licensable activities"
131*Page 39, line 29, at end insert "or a person or body representing any other person who, or organisation which, the licensing authority considers may be affected by the use of the premises for licensing activities"
 

THE BARONESS BLACKSTONE

132Page 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,"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

133*Page 39, line 39, leave out "statutory functions" and insert "lawful powers"
134*Page 40, line 7, leave out from "section," to end of line 8 and insert ""legal powers" means any powers, duties or obligations conferred by or under any enactment or statute, or by a decision of a Court"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE

135Leave out Clause 68
 

Clause 70

 

THE BARONESS BLACKSTONE

136Page 41, line 4, leave out "Regulations may" and insert "The Secretary of State must by regulations"
 

Clause 71

 

THE LORD BROOKE OF SUTTON MANDEVILLE

137*Page 41, line 23, leave out subsection (2)
 

THE BARONESS BLACKSTONE

138Page 41, line 26, leave out from "application" to end of line 28
 

THE LORD BROOKE OF SUTTON MANDEVILLE

139*Page 41, line 29, leave out "Where relevant representations are made"
140*Page 41, line 30, leave out "them" and insert "any representations that have been made concerning the application"
141*Page 41, line 33, after "representations" insert "and other material considerations"
142*Page 41, line 38, leave out "the conditions mentioned in subsection 2(a)" and insert instead "such conditions as are consistent with the club operating schedule,"
 

THE BARONESS BLACKSTONE

143Page 41, line 40, leave out from "objectives" to end of line 42
 

THE LORD BROOKE OF SUTTON MANDEVILLE

144*Page 42, line 1, leave out "mentioned in subsection (2)(a)"
 

Clause 72

 

THE BARONESS BLACKSTONE

145Leave out Clause 72
 

Clause 75

 

THE LORD BROOKE OF SUTTON MANDEVILLE

146*Page 43, line 23, leave out "forthwith" and insert "as soon as possible"
147*Page 43, line 30, at end insert—
"(   )  A determination under this section does not have effect—
(a)  until the end of the period given for appealing against the decision;
(b)  if the decision is appealed against, until the appeal is disposed of."
148*Page 43, line 31, leave out from beginning to "the"
149*Page 43, line 33, leave out from "decision" to end of line
 

Clause 82

 

THE BARONESS BLACKSTONE

150Page 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 LORD BROOKE OF SUTTON MANDEVILLE

151*Page 46, line 32, leave out subsection (2)
152*Page 46, line 34, leave out "Where relevant representations are made,"
153*Page 46, line 35, leave out "them" and insert "any representations that have been made concerning the application"
154*Page 46, line 38, after "representations" insert "and other material considerations"
 

THE BARONESS BLACKSTONE

155Page 47, line 17, leave out subsection (7)

 
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21 February 2003