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

House of Lords

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Clause 84

 

THE LORD BROOKE OF SUTTON MANDEVILLE

156*Page 47, line 28, leave out from beginning to second "the"
157*Page 47, leave out lines 33 to 35 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 85

 

THE BARONESS BLACKSTONE

158Page 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 LORD BROOKE OF SUTTON MANDEVILLE

159*Page 49, line 23, after "representations" insert "and other material considerations"
160*Page 49, line 29, at end insert "or
(e)  take such other actions as it deems necessary in the circumstances;"
 

THE BARONESS BLACKSTONE

161Page 49, line 32, leave out subsection (5)
 

Clause 90

 

THE BARONESS THORNTON

162Page 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,"
163Page 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 BROOKE OF SUTTON MANDEVILLE

164*Page 57, line 20, leave out "crime prevention objective" and insert "licensing objectives"
165*Page 57, line 24, leave out "48" and insert "96"
 

THE LORD CLARKE OF HAMPSTEAD

166Leave 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."
 

After Clause 102

 

THE LORD BROOKE OF SUTTON MANDEVILLE

167*Insert the following new Clause—
  "Objection to notice by interested parties, etc
(1)  Where an interested party or responsible authority wish to object to a temporary event notice, they may give a notice ("an interested party notice") which must state the reasons why they object and be given to—
(a)  the relevant licensing authority, and
(b)  the premises user.
(2)  The interested party notice must be given no later than 14 days after the temporary event notice was given."
 

Clause 103

 

THE LORD BROOKE OF SUTTON MANDEVILLE

168*Page 57, line 35, after "notice" insert "or interested party notice"
169*Page 57, line 38, after "notice" insert "or interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

170Page 57, line 39, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

171*Page 57, line 39, after "notice" insert ", the person who gave the interested party notice"
172*Page 58, line 1, after "notice," insert "the interested party notice and other material considerations,"
173*Page 58, line 3, leave out "the crime prevention objective" and insert "any of the licensing objectives"
 

THE LORD CLARKE OF HAMPSTEAD

174Page 58, line 3, leave out "crime prevention objective" and insert "licensing objectives"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

175*Page 58, line 6, after "user" insert ", the person who gave the interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

176Page 58, line 6, leave out "chief officer of police" and insert "officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

177*Page 58, line 11, after "police" insert ", and any person who gave an interested party notice,"
 

THE LORD CLARKE OF HAMPSTEAD

178Page 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

179Page 58, line 26, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

180*Page 58, line 26, at end insert "or any person has given an interested party notice"
181*Page 58, line 27, after second "notice" insert "or interested party notice"
 

THE LORD CLARKE OF HAMPSTEAD

182Page 58, line 30, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

183*Page 58, line 30, after "police" insert ", or (in the case of an interested party notice, the relevant licensing authority)"
 

THE LORD CLARKE OF HAMPSTEAD

184Page 59, line 2, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
185Page 59, line 4, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
186Page 59, line 6, leave out "chief officer of police" and insert "relevant officer of police or fire authority or licensing authority"
 

Clause 105

 

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

187Page 59, line 33, at end insert ", and
(c)  are not in respect of a village hall"
 

Clause 106

 

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

188Page 60, line 22, leave out "officer" and insert "person"
189Page 60, line 25, leave out "officer" and insert "person"
190Page 60, line 27, leave out "officer" and insert "person"
191Page 60, line 31, leave out subsection (5)
 

Clause 110

 

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

192Page 62, line 21, leave out from first "the" to end and insert "Central Licensing Authority"
 

After Clause 111

 

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

193Insert the following new Clause—
  "Meaning of "serious offence"
(1)  In this Part "serious offence" means a relevant offence to which subsection (2) applies and in respect of which a custodial sentence of at least 30 months was imposed.
(2)  The relevant offences to which this subsection applies are—
(a)  any sexual offence, within the meaning of section 161(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (interpretation),
(b)  any violent offence, within the meaning of section 161(3) of that Act,
(c)  any relevant offence under the Theft Act 1968 (c. 60) or the Theft Act 1978 (c. 31), and
(d)  any relevant offence under the Forgery and Counterfeiting Act 1981 (c. 45).
(3)  In subsection (2) "custodial sentence" has the same meaning as in section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (meaning of "custodial sentence")."
 

Schedule 4

 

THE BARONESS BLACKSTONE

194Page 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 112

 

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

195Page 62, line 32, leave out subsections (2) to (4)
 

Clause 115

 

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

196Page 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

197Page 64, line 14, leave out from second "the" to the end of line 15 and insert "Central Licensing Authority"
 

Clause 118

 

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

198Page 64, line 36, after "made," insert—
"(ca)  he has not been convicted of any serious offence,"
199Page 64, line 40, leave out "or (c)" and insert ", (c) or (ca)"
200Page 64, line 42, leave out from "(b)" to first "of" in line 1 on page 65 and insert ", (c) and (ca)"
201Page 65, line 3, leave out from "Where" to end of line 6
202Page 65, line 19, after "so," insert—
"(   )  reject the application if it appears that the applicant fails to meet the condition in paragraph (d) of subsection (2) and it is not satisfied that the granting of the licence would not undermine the crime prevention objective,"

 
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©Parliamentary copyright 2003
21 February 2003