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    (  8  )

 

Clause 143

50

Leave out Clause 143

50A

The Lord McIntosh of Haringey to move, That this House do agree with the

 

Commons in their amendment and do propose the following amendment in lieu

 

of the words so left out of the Bill

 

Insert the following new Clause—

 

“Unaccompanied children prohibited from certain premises

 

     (1)    A person to whom subsection (3) applies commits an offence if—

 

           (a)           knowing that relevant premises are within subsection (4), he allows

 

an unaccompanied child to be on the premises at a time when they

 

are open for the purposes of being used for the supply of alcohol for

 

consumption there, or

 

           (b)           he allows an unaccompanied child to be on relevant premises at a

 

time between the hours of midnight and 5 a.m. when the premises

 

are open for the purposes of being used for the supply of alcohol for

 

consumption there.

 

     (2)    For the purposes of this section—

 

           (a)           “child” means an individual aged under 16,

 

           (b)           a child is unaccompanied if he is not in the company of an

 

individual aged 18 or over.

 

     (3)    This subsection applies—

 

           (a)           to any person who works at the premises in a capacity, whether

 

paid or unpaid, which authorises him to request the

 

unaccompanied child to leave the premises,

 

           (b)           in the case of licensed premises, to—

 

                  (i)                 the holder of a premises licence in respect of the premises,

 

and

 

                  (ii)                the designated premises supervisor (if any) under such a

 

licence,

 

           (c)           in the case of premises in respect of which a club premises

 

certificate has effect, to any member or officer of the club which

 

holds the certificate who is present on the premises in a capacity

 

which enables him to make such a request, and

 

           (d)           in the case of premises which may be used for a permitted

 

temporary activity by virtue of Part 5, to the premises user in

 

relation to the temporary event notice in question.

 

     (4)    Relevant premises are within this subsection if—

 

           (a)           they are exclusively or primarily used for the supply of alcohol for

 

consumption on the premises, or

 

           (b)           they are open for the purposes of being used for the supply of

 

alcohol for consumption on the premises by virtue of Part 5

 

(permitted temporary activities) and, at the time the temporary

 

event notice in question has effect, they are exclusively or primarily

 

used for such supplies.

 

     (5)    No offence is committed under this section if the unaccompanied child is

 

on the premises solely for the purpose of passing to or from some other


 
 

    (  9  )

 
 

place to or from which there is no other convenient means of access or

 

egress.

 

     (6)    Where a person is charged with an offence under this section by reason of

 

his own conduct it is a defence that—

 

           (a)           he believed that the unaccompanied child was aged 16 or over or

 

that an individual accompanying him was aged 18 or over, and

 

           (b)           either—

 

                  (i)                 he had taken all reasonable steps to establish the

 

individual’s age, or

 

                  (ii)                nobody could reasonably have suspected from the

 

individual’s appearance that he was aged under 16 or, as

 

the case may be, under 18.

 

     (7)    For the purposes of subsection (6), a person is treated as having taken all

 

reasonable steps to establish an individual’s age if—

 

           (a)           he asked the individual for evidence of his age, and

 

           (b)           the evidence would have convinced a reasonable person.

 

     (8)    Where a person (“the accused”) is charged with an offence under this

 

section by reason of the act or default of some other person, it is a defence

 

that the accused exercised all due diligence to avoid committing it.

 

     (9)    A person guilty of an offence under this section is liable on summary

 

conviction to a fine not exceeding level 3 on the standard scale.

 

     (10)   In this section “supply of alcohol” means—

 

           (a)           the sale by retail of alcohol, or

 

           (b)           the supply of alcohol by or on behalf of a club to, or to the order of,

 

a member of the club.”

Clause 149

51

Page 81, line 36, leave out “sale” and insert “supply”

Clause 151

52

Leave out Clause 151

Clause 152

53

Page 83, leave out lines 16 to 19 and insert—

 

                  “(i)                    the holder of a premises licence in respect of the premises,

 

                  (ii)                    the designated premises supervisor (if any) under such a

 

licence, or

 

                  (iii)                    any individual aged 18 or over who is authorised for the

 

purposes of this section by such a holder or supervisor,”

Clause 160

54

Page 87, line 11, leave out “disturbance” and insert “nuisance”

Clause 166

55

Page 90, line 44, after “20” insert “, (Mandatory condition in licences: exhibition of


 
 

    (  10  )

 
 

films)”

Clause 172

56

Page 95, line 8, at end insert—

 

           “( )              at premises which, at the time when the activity is carried on, are

 

permanently or temporarily occupied for the purposes of the armed

 

forces of the Crown,”

Clause 194

57

Page 107, line 34, at end insert—

 

           “(aa)              an order under section 98(7A)(alteration of maximum temporary

 

event period),

 

           (ab)              an order under section 105(10A) (alteration of limit on number of

 

temporary event notices),”

58

Page 108, line 3, leave out “(3)(b)” and insert “(3)(aa), (ab), (b)”

Clause 198

59

Page 108, line 33, leave out subsection (6)

Schedule 1

60

Page 111, line 23, leave out “playing of” and insert “performance of live music or

 

the playing of recorded”

61

Page 112, line 13, leave out paragraph 11

62

Page 112, line 31, leave out paragraph 12

62A

The Baroness Buscombe to move, as an amendment to the motion that the House

 

do agree with the Commons in their Amendment No. 62, leave out the words

 

from “that” to the end and insert “the House do disagree with the Commons in

 

their amendment but do propose the following amendment in lieu thereof”

 

Page 112   , line 30, at end insert—

 

“Small events: live music

 

          (1)      The provision of entertainment consisting of the performance of live

 

music is not to be regarded as the provision of regulated entertainment

 

for the purposes of this Act where—

 

              (a)             the number of listeners or spectators present does not exceed 200

 

at any one time, and

 

              (b)             the entertainment ceases no later than 11.30pm.

 

          (1)      The provision of entertainment facilities solely for the purposes of

 

entertainment described in sub-paragraph (1) is not to be regarded as the

 

provision of regulated entertainment for the purposes of this Act.

 

          (2)      Nothing in this paragraph shall be read as rendering invalid or

 

otherwise affecting any provision of, or any regulation made under, any

 

other legislation that applies to the entertainment, the entertainment

 

facilities or the premises on which the entertainment is to take place.”


 
 

    (  11  )

63

Page 113, line 3, leave out paragraph 14

63A

The Baroness Buscombe to move, as an amendment to the motion that the House

 

do agree with the Commons in their Amendment No. 63, leave out “agree” and

 

insert “disagree”.

Schedule 4

64

Page 118, line 2, at end insert—

 

  “         An offence under section 1 of the Trade Descriptions Act 1968 (c. 29)

 

(false trade description of goods) in circumstances where the goods in

 

question are or include alcohol.”

65

Page 119, line 7, at end insert—

 

              “( )                section 107(3) (infringement of copyright by public performance

 

of work etc.);”

66

Page 119, line 19, at end insert—

 

  “         An offence under either of the following provisions of the Food Safety

 

Act 1990 (c. 16) in circumstances where the food in question is or

 

includes alcohol—

 

              (a)             section 14 (selling food or drink not of the nature, substance or

 

quality demanded);

 

              (b)             section 15 (falsely describing or presenting food or drink).”

67

Page 119, line 19, at end insert—

 

  “         An offence under section 92(1) or (2) of the Trade Marks Act 1994 (c. 26)

 

(unauthorised use of trade mark, etc. in relation to goods) in

 

circumstances where the goods in question are or include alcohol.”

Schedule 6

68

Page 140, line 14, leave out “to 133” and insert “and 132”

69

Page 140, line 14, at end insert—

 

  “         In section 133 (miscellaneous provision about new towns), in subsection

 

(1), omit the following definitions—

 

              (a)             “development corporation”,

 

              (b)             “the 1964 Act”.”

Schedule 7

70

Page 150, line 25, at end insert—

 

“Common Informers Act 1951

In the Schedule—

 
 

(c. 39)

the entry relating to section 11 of the

 
  

Universities (Wine Licences) Act 1743, and

 
  

the entry relating to the Sunday Observance

 
  

Act 1780.”

 

 
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