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Session 2002 - 03
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Licensing Bill [HL]


 
 

Licensing Bill [HL]

COMMONS AMENDMENTS

[The page and line references are to Bill 73 as first printed for the Commons.]

Clause 1

1

Page 1, line 13, leave out “for consumption on the premises where the supply takes

 

place”

Clause 3

2

Page 2, line 41, at end insert “or”

3

Page 3, line 1, leave out from “Scilly” to end of line 2

Clause 4

4

Leave out Clause 4

Clause 5

5

Page 3, line 28, leave out from first “of” to “; and” in line 31 and insert “public

 

nuisance”

Clause 9

6

Page 5, line 41, leave out paragraph (d)

Clause 14

7

Page 9, line 1, leave out paragraph (e)

8

Page 9, line 14, leave out “for the area in which the premises are situated” and

 

insert “by which statutory functions are exercisable in any area in which the

 

premises are situated in relation to minimising or preventing the risk of pollution

 

of the environment or of harm to human health”

9

Page 9, line 14, at end insert—

 

           “( )              a body which—

 

                  (i)                 represents those who, in relation to any such area, are

 

responsible for, or interested in, matters relating to the

 

protection of children from harm, and

 
 
HL Bill 7953/2

 
 

    (  2  )

 
 

                  (ii)                is recognised by the licensing authority for that area for the

 

purposes of this section as being competent to advise it on

 

such matters,”

10

Page 9, line 15, leave out “, including the relevant licensing authority,” and insert

 

“(other than the relevant licensing authority)”

Clause 17

11

Page 10, line 15, leave out paragraph (h)

Clause 19

12

Page 12, line 11, after “20” insert “, (Mandatory condition in licences: exhibition of

 

films)”

13

Page 12, line 25, after “20” insert “, (Mandatory condition in licences: exhibition of

 

films)”

After Clause 20

14

Insert the following new Clause—

 

“Mandatory condition in licences: exhibition of films

 

     (1)    Where a premises licence authorises the exhibition of films, the licence

 

must include a condition requiring the admission of children to the

 

exhibition of any film to be restricted in accordance with this section.

 

     (2)    Where the film classification body is specified in the licence, unless

 

subsection (3)(b) applies, admission of children must be restricted in

 

accordance with any recommendation made by that body.

 

     (3)    Where—

 

           (a)           the film classification body is not specified in the licence, or

 

           (b)           the relevant licensing authority has notified the holder of the licence

 

that this subsection applies to the film in question,

 

            admission of children must be restricted in accordance with any

 

recommendation made by that licensing authority.

 

     (4)    In this section—

 

                    “children” means persons aged under 18; and

 

                    “film classification body” means the person or persons designated as

 

the authority under section 4 of the Video Recordings Act 1984

 

(c. 39) (authority to determine suitability of video works for

 

classification).”

Clause 28

15

Page 16, line 17, leave out from “he” to end of line 21 and insert “may give the

 

relevant licensing authority a notice to that effect”

Clause 33

16

Page 19, line 22, leave out subsections (6) and (7)


 
 

    (  3  )

 

Clause 35

17

Page 20, line 43, after “20” insert “, (Mandatory condition in licences: exhibition of

 

films)”

Clause 37

18

Page 21, line 40, leave out “which authorises the supply of alcohol may” and insert

 

“may—

 

           (a)              if the licence authorises the supply of alcohol, or

 

           (b)              if he has applied under section 33 to vary the licence so that it

 

authorises such supplies,”

Clause 38

19

Page 22, line 21, at end insert “in respect of a premises licence which authorises the

 

supply of alcohol”

Clause 47

20

Page 27, line 31, at end insert “or”

21

Page 27, line 33, leave out from “practitioner” to end of line 35

Clause 52

22

Page 31, line 44, after “20” insert “, (Mandatory condition in licences: exhibition of

 

films)”

Clause 69

23

Page 40, line 36, at end insert—

 

           “( )              a body which—

 

                  (i)                 represents those who, in relation to any such area, are

 

responsible for, or interested in, matters relating to the

 

protection of children from harm, and

 

                  (ii)                is recognised by the licensing authority for that area for the

 

purposes of this section as being competent to advise it on

 

such matters,”

Clause 70

24

Page 41, line 9, leave out “for consumption on the premises where the supply takes

 

place”

Clause 71

25

Page 41, line 36, at end insert—

 

           “( )              where the relevant qualifying club activities include the supply of

 

alcohol, whether the supplies are proposed to be for consumption

 

on the premises or both on and off the premises,”

Clause 72

26

Page 42, line 17, after “to” insert—


 
 

    (  4  )

 
 

           “(a)              ”

27

Page 42, line 18, after “application” insert “, and

 

           (b)              any conditions which must under section (Certificate authorising

 

supply of alcohol for consumption off the premises)(2) to (5) or

 

(Mandatory condition in certificates: exhibition of films) be included in

 

the certificate”

28

Page 42, line 27, after second “to”, insert—

 

                  “(i)                    ”

29

Page 42, line 29, after “objectives” insert “, and

 

                  (ii)                    any conditions which must under section (Certificate

 

authorising supply of alcohol for consumption off the premises)(2)

 

to (5) or (Mandatory condition in certificates: exhibition of films)

 

be included in the certificate”

30

Page 42, line 32, at end insert—

 

     “( )       Subsections (2) and (3)(b) are subject to section (Certificate authorising supply

 

of alcohol for consumption off the premises)(1) (certificate may authorise off-

 

supplies only if it authorises on-supplies).”

After Clause 72

31

Insert the following new Clause—

 

“Certificate authorising supply of alcohol for consumption off the premises

 

     (1)    A club premises certificate may not authorise the supply of alcohol for

 

consumption off the premises unless it also authorises the supply of alcohol

 

to a member of the club for consumption on those premises.

 

     (2)    A club premises certificate which authorises the supply of alcohol for

 

consumption off the premises must include the following conditions.

 

     (3)    The first condition is that the supply must be made at a time when the

 

premises are open for the purposes of supplying alcohol, in accordance

 

with the club premises certificate, to members of the club for consumption

 

on the premises.

 

     (4)    The second condition is that any alcohol supplied for consumption off the

 

premises must be in a sealed container.

 

     (5)    The third condition is that any supply of alcohol for consumption off the

 

premises must be made to a member of the club in person.”

32

Insert the following new Clause—


 
 

    (  5  )

 
 

“Mandatory condition in certificates: exhibition of films

 

     (1)    Where a club premises certificate authorises the exhibition of films, the

 

certificate must include a condition requiring the admission of children to

 

the exhibition of any film to be restricted in accordance with this section.

 

     (2)    Where the film classification body is specified in the certificate, unless

 

subsection (3)(b) applies, admission of children must be restricted in

 

accordance with any recommendation made by that body.

 

     (3)    Where—

 

           (a)           the film classification body is not specified in the certificate, or

 

           (b)           the relevant licensing authority has notified the club which holds

 

the certificate that this subsection applies to the film in question,

 

            admission of children must be restricted in accordance with any

 

recommendation made by that licensing authority.

 

     (4)    In this section—

 

                    “children” means persons aged under 18; and

 

                    “film classification body” means the person or persons designated as

 

the authority under section 4 of the Video Recordings Act 1984

 

(c. 39) (authority to determine suitability of video works for

 

classification).”

Clause 83

33

Page 47, line 28, at end insert—

 

     “( )        Subsections (2) and (3) are subject to sections (Certificate authorising supply

 

of alcohol for consumption off the premises) and (Mandatory condition in

 

certificates: exhibition of films) (mandatory conditions relating to supply of

 

alcohol for consumption off the premises and to exhibitions of films).”

Clause 86

34

Page 49, line 42, at end insert—

 

     “( )       Subsection (3) is subject to sections (Certificate authorising supply of alcohol for

 

consumption off the premises) and (Mandatory condition in certificates:

 

exhibition of films) (mandatory conditions relating to supply of alcohol for

 

consumption off the premises and to exhibitions of films).”

Clause 98

35

Page 55, line 15, leave out “72” and insert “96”

36

Page 55, line 29, leave out “72” and insert “96”

37

Page 56, line 5, at end insert—

 

     “(7A)       The Secretary of State may, by order—

 

           (a)           amend subsections (1) and (5)(b) so as to substitute any period for

 

the period for the time being specified there;

 

           (b)           amend subsection (5)(d) so as to substitute any number for the

 

number for the time being specified there.”


 
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Revised 18 June 2003