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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 17th February 2003, as follows—

Clauses 6 to 8
Schedule 3
Clauses 9 to 111
Schedule 4
Clauses 112 to 176
Schedule 5
Clauses 178 to 196
Schedules 6 to 8

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 6

 

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

37Page 4, line 7, leave out from "of" to end of line 8 and insert "such members of the authority as the authority shall determine"
 

Clause 7

 

THE BARONESS BLACKSTONE

38Page 4, line 44, at end insert—
"(   )  In a case where an authority exercises its power under subsection (5)(b), its licensing committee must (unless the matter is urgent) consider any report of any of the authority's other committees with respect to the matter before discharging the function concerned."
 

THE LORD HODGSON OF ASTLEY ABBOTTS

39Page 5, line 5, at end insert—
"(   )  Where a licensing committee receives licensing applications which involve its own local authority, it shall refer such cases to a magistrates' court for determination."
 

Clause 8

 

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

40Page 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 9

 

THE BARONESS BUSCOMBE
THE LORD LUKE

41Page 5, line 35, leave out "and the quorum for meetings"
 

Clause 13

 

THE LORD BROOKE OF SUTTON MANDEVILLE

42Page 8, line 10, leave out "statutory functions" and insert "lawful powers"
43Page 8, line 17, 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"
44Page 8, line 17, at end insert "or any other person who the licensing authority considers may be affected by the use of the premises for licensable activities"
45Page 8, line 18, after "a" insert "person or"
46Page 8, line 18, 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"
47Page 8, line 19, after "business" insert "or organisation"
48Page 8, line 20, after "a" insert "person or"
49Page 8, line 20, at end insert "or organisations"
 

THE BARONESS BLACKSTONE

50Page 8, line 30, 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

51Page 8, line 31, leave out from "authority" to end of line 34 and insert "for the area in which the premises are situated"
52Page 8, line 31, leave out "statutory functions" and insert "lawful powers"
53Page 8, line 35, leave out "(other than the relevant licensing authority)" and insert ", including the relevant licensing authority,"
54Page 8, line 47, leave out from "section," to end of line 48 and insert ""legal powers" means any powers, duties or obligations conferred by or under any enactment, statute or a decision of a court"
 

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

55Leave out Clause 13
 

Clause 15

 

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

56Page 9, line 8, leave out from "individual" to 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 17

 

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

57Page 10, line 33, leave out from "a" to end of line 36 and insert "notice in the prescribed form and including a statement of the prescribed information in respect of the individual whom the applicant wishes to nominate as the premises supervisor and a form of consent in the prescribed form given by that individual"
58Page 10, line 46, leave out paragraph (e)
 

THE LORD LEA OF CRONDALL
THE BARONESS GIBSON OF MARKET RASEN
THE LORD DAVIES OF COITY

59Page 11, line 5, at end insert—
"(   )  where the relevant licensable activities include the supply of alcohol, a statement that the applicant will—
(i)  not require anyone employed to work at the premises to work, without their prior consent, different hours as a result of the new licensing regime implemented by this Act;
(ii)  financially compensate anyone employed to work at the premises for any increase in antisocial hours worked as a result of the new licensing regime implemented by this Act; and
(iii)  if requested to do so by anyone employed to work at the premises who finishes work between 11 pm and 6 am, pay the fare of a taxi or minicab to the person's usual home address,"
 

THE BARONESS BLACKSTONE

60Page 11, line 9, leave out "Regulations may" and insert "The Secretary of State must by regulations"
 

Clause 18

 

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

61Page 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"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

62Page 11, line 28, leave out subsection (2)
63Page 11, line 28, leave out "must" and insert "may"
 

THE LORD CLARKE OF HAMPSTEAD

64Page 11, line 29, after "application" insert "unless a saturation policy is in place"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

65Page 11, line 31, after "application" insert "and its statement of licensing policy"
66Page 11, line 33, at end insert—
"(   )  any conditions as are consistent with the licensing policy and planning guidance of the licensing authority."
67Page 11, line 34, leave out "Where relevant representations are made,"
68Page 11, line 35, leave out "them" and insert "any representations that have been made concerning the application"
69Page 11, line 38, after "representations" insert "and other material considerations"
70Page 11, line 43, leave out "the conditions mentioned in subsection (2)(a)" and insert "such conditions as are consistent with the operating schedule"
 

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

71Page 12, line 3, leave out paragraph (c)
 

THE LORD BROOKE OF SUTTON MANDEVILLE

72Page 12, line 5, leave out "mentioned in subsection (2)(a)"
 

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

73Page 12, line 13, leave out paragraph (c)
74Page 12, line 29, leave out subsection (9)
 

Clause 22

 

THE LORD BROOKE OF SUTTON MANDEVILLE

75Page 13, line 36, leave out "forthwith" and insert "as soon as possible"
76Page 13, line 43, 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."
77Page 14, line 1, leave out from beginning to second "the"
78Page 14, leave out line 3
 

Clause 23

 

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

79Page 14, line 23, leave out paragraph (e)
 

Clause 27

 

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

80Page 15, line 34, leave out from "he" to 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 28

 

THE LORD BROOKE OF SUTTON MANDEVILLE

81Page 16, line 21, at end insert "and information specified in section 17(3) and (4)"
82Page 16, line 23, leave out paragraph (a)
 

Clause 29

 

THE BARONESS BLACKSTONE

83Page 16, line 35, leave out "power to make regulations under" and insert "duty to make regulations imposed on the Secretary of State by"
84Page 16, line 38, after "made" insert "under section 17(5)(a)"
 

Clause 30

 

THE LORD BROOKE OF SUTTON MANDEVILLE

85Page 17, line 6, leave out subsection (2)
 

THE LORD CLARKE OF HAMPSTEAD

86Page 17, line 6, after "made," insert "subject to the adoption of a saturation policy by the licensing authority"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

87Page 17, line 8, leave out "Where relevant representations are made,"
88Page 17, line 9, leave out "them" and insert "any relevant representations that have been made concerning the application"
89Page 17, line 12, after "representations" insert ", other material considerations,"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

90Page 17, line 43, at end insert—
"(   )  From issue, provisional statements granted under this section shall have effect for three years."
 

Clause 31

 

THE LORD HODGSON OF ASTLEY ABBOTTS

91Page 18, line 14, leave out "("the relevant person")"
92Page 18, line 16, leave out "if subsection (3) applies"
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS BUSCOMBE
THE LORD LUKE

93Page 18, line 17, leave out subsection (3)
 

Clause 32

 

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

94Page 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 33

 

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

95Page 19, line 13, leave out subsection (4)
 

THE BARONESS BLACKSTONE

96Page 19, line 15, leave out "power to make regulations under" and insert "duty to make regulations imposed on the Secretary of State by"

 
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©Parliamentary copyright 2003
26 February 2003