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

House of Lords

back to previous amendments

 

Clause 116

 

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

197Page 64, line 14, leave out from second "the" to 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,"
 

Clause 119

 

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

203Page 65, line 39, leave out from beginning to second "to" in line 41 and insert—
"(   )  The relevant licensing authority must give notice of the application"
204Page 65, line 43, leave out from "Where" to end of line 46
205Page 66, line 6, leave out subsection (4)
206Page 66, line 15, leave out from first "it" to ", and" in line 16 and insert "is not satisfied that the renewal of the personal licence would not undermine the crime prevention objective"
 

Clause 121

 

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

207Page 66, line 40, leave out from second "the" to end of line 41 and insert "Central Licensing Authority"
 

Clause 122

 

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

208Page 67, line 14, leave out from "Where" to third "the" in line 18
209Page 67, line 28, leave out from first "it" to end of line 29 and insert "is not satisfied that not revoking the licence would not undermine the crime prevention objective"
210Page 67, line 32, at end insert—
"(   )  The authority must revoke the licence if it appears that the holder of the licence has been convicted of a serious offence."
211Page 67, line 33, leave out "this section" and insert "subsection (4)"
 

Clause 127

 

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

212Page 70, line 5, at end insert—
"(   )  The court must order the forfeiture of the licence if the holder of the licence is convicted of a serious offence."
213Page 70, line 6, leave out "this section" and insert "subsection (2)"
 

Clause 129

 

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

214Page 71, line 16, leave out subsection (2)
 

Clause 130

 

THE BARONESS BLACKSTONE

215Page 72, line 7, leave out from "apply," to "or" in line 9
 

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

216Page 72, line 8, leave out sub-paragraph (ii)
 

Clause 134

 

THE LORD BEAUMONT OF WHITLEY

217Page 74, line 6, at end insert "covered"
 

THE BARONESS BLACKSTONE

218Page 74, line 9, at end insert—
"(1A)  Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence under this section if his only involvement in the provision of the entertainment is that he—
(a)  performs in a play,
(b)  participates as a sportsman in an indoor sporting event,
(c)  boxes or wrestles in a boxing or wrestling entertainment,
(d)  performs live music,
(e)  plays recorded music,
(f)  performs dance, or
(g)  does something coming within paragraph 2(1)(h) of Schedule 1 (entertainment similar to music, dance, etc.).
(1B)  Subsection (1A) is to be construed in accordance with Part 3 of Schedule 1."
 

Clause 137

 

THE BARONESS BLACKSTONE

219Page 75, line 12, leave out "section" and insert "subsection"
 

After Clause 141

 

THE BARONESS GIBSON OF MARKET RASEN
THE LORD LEA OF CRONDALL

220Insert the following new Clause—
  "Licensed Premises (Exclusion of Certain Persons) Act 1980
(1)  Section 1 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32) (exclusion orders) is amended as follows.
(2)  In subsection (1), for "may" there is substituted "shall".
(3)  In subsection (3), for "two" there is substituted "ten"."
 

Before Clause 143

 

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

221Insert the following Clause—
  "Allowing children into licensed premises
(1)  In pursuit of the licensing objective in section 4(2)(d), children under the age of 14 are only permitted to enter into licensed premises as defined in subsection (2) when accompanied by an adult over the age of 18.
(2)  For the purpose of subsection (1), these licensed premises are—
(a)  public houses;
(b)  nightclubs; and
(c)  any similar establishment whose primary purpose is the consumption of alcohol."
 

Clause 146

 

THE BARONESS BUSCOMBE
THE LORD LUKE

222Page 79, line 27, leave out subsections (1) and (2)
223Page 80, line 22, leave out paragraph (a)
 

Clause 147

 

THE BARONESS BUSCOMBE
THE LORD LUKE

224Page 80, line 27, leave out subsection (1)
225Page 81, line 3, leave out paragraph (a)
 

After Clause 149

 

THE BARONESS BUSCOMBE
THE LORD LUKE

226Insert the following new Clause—
  "Prohibition of sales in the presence of children
(1)  A responsible person commits an offence if, on any relevant premises which are licensed principally for the sale by retail of alcohol, he knowingly allows an individual aged under the age of 14 to be in that part of the premises where such sale takes place during any such sale unless that individual is accompanied by another individual aged 18 or over.
(2)  A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(3)  In this section "responsible person" means, in relation to a licensed premises—
(a)  the holder of a premises licence,
(b)  the designated premises supervisor, or
(c)  any individual aged 18 or over who is authorised for the purposes of this section by that holder or supervisor."
 

Clause 164

 

THE BARONESS BLACKSTONE

227Page 89, line 34, leave out "Regulations may" and insert "The Secretary of State must by regulations"
 

Clause 169

 

THE LORD BROOKE OF SUTTON MANDEVILLE

228Page 93, line 40, at end insert "after consulting with parties who may be affected by such an order"
 

THE BARONESS BLACKSTONE

229Page 94, line 6, at end insert—
"(   )  Before making an order under this section, the Secretary of State must consult such persons as he considers appropriate."
 

Clause 170

 

THE LORD GREENWAY

230Page 94, line 25, at end insert—
"(   )  aboard a vessel licensed to carry less than 100 passengers engaged on a journey,"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

231Page 94, line 30, after "effect," insert—
"(   )  at premises in respect of which a licence under the Gaming Act 1968 is in force and the premises are being used wholly or mainly for the purposes of gaming to which Part 2 of that Act applies,"
 

Clause 173

 

THE LORD HODGSON OF ASTLEY ABBOTTS

232Page 96, line 34, leave out paragraph (b)
233Page 96, line 36, leave out subsection (3)
234Page 97, line 5, leave out sub-paragraph (i)
 

Clause 174

 

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

235Page 97, leave out lines 29 and 30
 

Clause 176

 

THE LORD BROOKE OF SUTTON MANDEVILLE

236Page 98, leave out line 12 and insert—
"(3)  The magistrates' court may make an order as to costs, having regard to its statement adopted under subsection (4) below.
(4)  The magistrates' court shall—
(a)  beginning on the day appointed by the Secretary of State referred to in section 5(2)(a), adopt a statement as to its policy for awarding costs in relation to cases heard on appeal under this Act, after consulting with—
(i)  premises licence holders,
(ii)  personal licence holders,
(iii)  residents,
(iv)  business, and
(v)  such others that it deems fit;
(b)  review its statement adopted by virtue of paragraph (a) above every three years, after consulting with—
(i)  premises licence holders,
(ii)  personal licence holders,
(iii)  residents,
(iv)  business, and
(v)  such others as it deems fit."
 

Schedule 5

 

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

237Page 117, line 18, leave out paragraph (c)
 

THE LORD COBBOLD

237A*Page 117, line 20, at end insert—
"(e)  requires a fee under section 54, the amount of which the applicant considers to be unreasonable,"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

238Page 117, line 37, at end insert—
"(   )      Where a person who made representations in relation to the application desires to contend that the licensing authority—
(a)  ought not to have accepted an application under section 18(1);
(b)  ought to have considered him to be an "interested party" or a "responsible person";
(c)  ought to have considered his representation to be a "relevant representation"; or
(d)  ought not to have considered his representation to be frivolous or vexatious,
  he may appeal against that decision."
239Page 118, line 7, at end insert—
"(   )      Where a person who made representations in relation to the application desires to contend that the licensing authority—
(a)  ought not to have accepted an application under section 29;
(b)  ought to have considered him to be an "interested party";
(c)  ought to have considered his representations to be "relevant representations"; or
(d)  ought not to have considered his representations to be frivolous or vexatious,
  he may appeal against that decision."
240Page 118, line 22, at end insert—
"(   )      Where a person who made representations in relation to the application desires to contend that the licensing authority—
(a)  ought not to have accepted an application under section 34(1), or ought to have considered him to be an "interested party";
(b)  ought to have considered his representations to be "relevant representations"; or
(c)  ought not to have considered his representations to be frivolous or vexatious,
  he may appeal against that decision."
 

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

241Page 118, line 26, leave out paragraph 5
 

THE LORD BROOKE OF SUTTON MANDEVILLE

242Page 119, line 33, at end insert—
"(   )      Where a person who made representations in relation to the application desires to contend that the licensing authority—
(a)  ought to have considered him to be an "interested party";
(b)  ought to have considered his representations to be "relevant representations";
(c)  ought not to have considered his representations to be frivolous or vexatious; or
(d)  ought not to have considered his representations to be a repetition,
  he may appeal against that decision."
243Page 120, line 29, at end insert—
"(   )      Where a person who made representations in relation to the application desires to contend that the licensing authority—
(a)  ought not to have accepted an application under section 71(1), or ought to have considered him to be an "interested party";
(b)  ought to have considered his representations to be "relevant representations"; or
(c)  ought not to have considered his representations to be frivolous or vexatious,
  he may appeal against that decision."
244Page 121, line 3, at end insert—
"(   )      Where a person who made representations in relation to the application desires to contend that the licensing authority—
(a)  ought not to have accepted an application under section 83(1), or ought to have considered him to be an "interested party";
(b)  ought to have considered his representations to be "relevant representations"; or
(c)  ought not to have considered his representations to be frivolous or vexatious,
  he may appeal against that decision."
245Page 121, line 13, at end insert—
"(   )      Where a person who made representations in relation to the application desires to contend that the licensing authority—
(a)  ought to have considered him to be an "interested party";
(b)  ought to have considered his representations to be "relevant representations";
(c)  ought not to have considered his representations to be frivolous or vexatious; or
(d)  ought not to have considered his representations to be a repetition,
  he may appeal against that decision."
246Page 122, line 2, after "police" insert "or any person who has given an interested party notice"
247Page 122, line 17, at end insert—
 ""interested party notice" has the meaning given in section (Meaning of `authorised persons', `interested parties' and `responsible authorities')"

 
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©Parliamentary copyright 2003
26 February 2003