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

House of Lords

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Clause 178

 

THE BARONESS BLACKSTONE

248Page 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"
 

Clause 180

 

THE LORD BROOKE OF SUTTON MANDEVILLE

249*Page 100, line 1, leave out subsection (3)
 

After Clause 187

 

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

250Insert 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
THE LORD BROOKE OF SUTTON MANDEVILLE

251Page 104, line 10, leave out "in Part 3"
252Page 104, line 10, leave out "section 13" and insert "section ("Meaning of "authorised persons", "interested parties" and "responsible authorities")"
253Page 104, leave out line 11
 

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

254*Page 104, line 21, leave out "in Part 3"
255*Page 104, line 21, leave out "section 13" and insert "section (Meaning of `authorised persons', `interested parties' and `responsible authorities')"
256*Page 104, leave out line 22
257*Page 105, line 20, leave out "in Part 3"
258*Page 105, line 20, leave out "section 13" and insert "section (Meaning of `authorised persons', `interested parties' and `responsible authorities')"
259*Page 105, leave out line 21
 

After Clause 191

 

THE BARONESS BUSCOMBE
THE LORD LUKE

260Insert the following Clause—
  "Annual report on the effects of licensing policy
(1)  The Secretary of State shall publish each year a report on the effects of the change in licensing policy introduced under this Act.
(2)  In each report under subsection (1) the Secretary of State shall include—
(a)  an assessment by the Chief Medical Officer of the public health advantages and disadvantages of alcohol in regard to the licensing policy set out under this Act, including specifically, details of the amount of binge drinking,
(b)  an assessment of the impact of the licensing policy on children and young people,
(c)  a statement of the number of fixed penalty offences, cautions and convictions for alcohol related offences in the preceding year, together with details of the number of recorded offences under Part 7 of this Act,
(d)  evidence from licensing authorities as to whether the new licensing system is cost effective, and
(e)  any other information which the Secretary of State sees fit to include."
 

Schedule 6

 

THE BARONESS BUSCOMBE
THE LORD LUKE

261Page 133, line 42, at end insert—
"51A (1)      Section 11 (provisions as to licensing and registration) is amended as follows.
(2)      For subsection (1) substitute—
    "(1)      The provisions of Schedule 2 to this Act shall have effect with respect to the licensing of premises for gaming and in England and Wales for licensable activities ancillary thereto."
(3)      At end insert—
    "(3)      In this section "licensable activities" has the same meaning as in the Licensing Act 2003.""
 

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

262Page 142, line 14, at end insert—
"(   )      After section 55(2) of the Town and Country Planning Act 1990 (c. 8) (meaning of "development" and "new development"), insert—
    "(2A)      Notwithstanding the provisions of any order or development order or any other provision made under any power under this Act, all premises which are licensed or required to be licensed under the Licensing Act 2003 shall be required to seek planning permission for any material change of use in the premises.""
 

Schedule 7

 

THE LORD PEYTON OF YEOVIL

263Page 148, line 31, at end insert "with the exception of section 2"
 

Schedule 8

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

264Page 154, line 45, leave out "disregarded" and insert "regarded"
265Page 154, line 45, after second "to" insert "existing"
 

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

266Page 155, line 20, leave out paragraph (b)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

267*Page 155, line 27, at end insert "which shall include a supplement to recoup local authority costs of preparation and implementation of the requirements of this Act"
268*Page 155, line 30, at end insert—
"(   )  the existing conditions and undertakings which attach to the licence,"
 

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

269Page 155, line 36, leave out paragraph (d) and insert—
"(d)  a notice in the prescribed form and including a statement of the prescribed information in respect of the individual whom the holder wishes to nominate as the premises supervisor and a form of consent in the specified form given by that individual,"
270Page 155, line 41, at end insert—
"(   )  an application to modify the planning consent in respect of the premises, incorporating any conditions and undertakings in the existing licence or licences, which are not to be transferred into the new premises licence."
271Page 155, line 41, at end insert—
"(   )      The relevant authority shall not unreasonably withhold planning permission for applications to modify planning consents made under this paragraph."
 

THE LORD BROOKE OF SUTTON MANDEVILLE

272*Page 158, line 22, after "conditions" insert "and undertakings"
273*Page 158, line 24, at end insert "and undertakings"
 

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

274Page 158, line 26, leave out sub-paragraph (7)
275Page 158, line 44, leave out from "at" to second "the" in line 5 on page 159 and insert "any time—
(a)  give notice under section 36, or
(b)  apply under section 33 for a variation of any licence so granted,
  and for the purposes of a notice within paragraph (a) or application under paragraph 11"
276Page 159, line 7, leave out "(1)(a) or" and insert "(1)"
277Page 159, line 8, leave out "34 or"
278Page 159, line 10, leave out "(1)(a) or" and insert "(1)"
279Page 159, line 13, leave out "34 or"
 

THE BARONESS BLACKSTONE

280Page 164, line 9, leave out from first "and" to "in" in line 10 and insert "section 73 (prohibited conditions in club premises certificates) applies"
281Page 164, line 14, leave out "sections 72 and" and insert "section"
 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

282Page 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"
283Page 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"
 

THE BARONESS BLACKSTONE

284Page 168, line 15, leave out "1964 Act" and insert "Licensing Act 1964 (c. 26)"

 
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©Parliamentary copyright 2003
21 February 2003