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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]


THIRD
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—

Clause 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.

 

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 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,"
 

THE LORD PHILLIPS OF SUDBURY

231A*Page 94, line 31, at end insert—
"(h)  at a garden fete or other event of a similar character promoted for purposes other than private gain at which fewer than 500 people are to be present at the same time"

 
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©Parliamentary copyright 2003
3 March 2003