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

House of Lords

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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

237APage 117, line 20, at end insert—
"(e)  requires a fee under section 54, the amount of which the applicant considers to be unreasonable,"
237BPage 117, line 31, leave out sub-paragraph (3)
 

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')"
 

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

248APage 99, line 43, at end insert ", or
(c)  to an interested party to enable them to make relevant representations,
  but nothing in this subsection shall authorise a licensing authority or responsible authority to disclose matters of commercial confidentiality"
249Page 100, line 1, leave out subsection (3)
 

After Clause 180

 

THE VISCOUNT FALKLAND
THE LORD REDESDALE

249AInsert the following new Clause—
  "Provision of information by the police
(1)  When a relevant representation has been made by an interested party or by a responsible person (other than the chief officer of police) in respect of any premises, the licensing authority must give notice of that fact to the chief officer of police as soon as is practicable.
(2)  When the chief officer receives a notice of a kind referred to in subsection (1), he must as soon as practicable place a report before the licensing authority giving details of all incidents of crime and disorder (if any) on the premises or in the vicinity and related to the premises reported to the police during the most recent three months for which the information is available."
 

After Clause 187

 

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

250Insert the following new Clause—
  "Meaning of "authorised persons", "interested parties" and "responsible authorities"
(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) (enforcement of Act),
(c)  an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37) (appointment of inspectors),
(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) (appointment of inspectors and surveyors),
(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 (enforcement) 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) (general interpretation)) 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."

 
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©Parliamentary copyright 2003
3 March 2003