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Licensing Bill [HL]


 
 

Licensing Bill [HL]

COMMONS AMENDMENTS IN LIEU OF A CERTAIN COMMONS AMENDMENT

NOT INSISTED UPON, COMMONS INSISTENCE UPON A CERTAIN COMMONS

AMENDMENT AND A COMMONS AMENDMENT IN LIEU OF A CERTAIN

LORDS AMENDMENT DISAGREED TO

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

Clause 47

COMMONS AMENDMENT NO. 21

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

LORDS REASON

The Lords disagree to this Amendment for the following Reason

21A

Because the bill should make provision about the registration of prior and paramount

 

interests in registered premises.

 

COMMONS AMENDMENTS IN LIEU

 

The Commons do not insist on their Amendment to which the Lords have disagreed, but

 

propose the following Amendments to the Bill in lieu of that Amendment

21B

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

21C

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”

21D

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

21E

Page 27, line 31, at end insert “or”

21F

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

21G

Page 85,, line 24, leave out “or”

21H

Page 85, line 25, at end insert “, or

 
 
HL Bill 8553/2

 
 

    (  2  )

 
 

           (e)              a notice within section (Right of freeholder etc. to be notified of licensing

 

matters)(1) (notice by freeholder etc conferring right to be notified of

 

changes to licensing register)”

21I

Page 97, line 35, at end insert—

 

“Rights of freeholders etc.

 

             Right of freeholder etc. to be notified of licensing matters

 

     (1)    This section applies where—

 

           (a)           a person with a property interest in any premises situated in the

 

area of a licensing authority gives notice of his interest to that

 

authority, and

 

           (b)           the notice is in the prescribed form and accompanied by the

 

prescribed fee.

 

     (2)    The notice has effect for a period of 12 months beginning with the day it is

 

received by the licensing authority.

 

     (3)    If a change relating to the premises to which the notice relates is made to

 

the register at a time when the notice has effect, the licensing authority

 

must forthwith notify the person who gave the notice—

 

           (a)           of the application, notice or other matter to which the change

 

relates, and

 

           (b)           of his right under section 9 to request a copy of the information

 

contained in any entry in the register.

 

     (4)    For the purposes of this section a person has a property interest in premises

 

if—

 

           (a)           he has a legal interest in the premises as freeholder or leaseholder,

 

           (b)           he is a legal mortgagee (within the meaning of the Law of Property

 

Act 1925 (c. 20)) in respect of the premises,

 

           (c)           he is in occupation of the premises, or

 

           (d)           he has a prescribed interest in the premises.

 

     (5)    In this section—

 

           (a)           a reference to premises situated in the area of a licensing authority

 

includes a reference to premises partly so situated, and

 

           (b)           “register” means the register kept under section 9 by the licensing

 

authority mentioned in subsection (1)(a).”

Schedule 1

COMMONS AMENDMENT NO. 62

Page 112, line 31, leave out paragraph 12

LORDS AMENDMENT IN LIEU

The Lords disagree to this amendment but propose the following amendment in lieu there­

of

62A

Page 112   , line 30, at end insert—


 
 

    (  3  )

 
 

“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.”

 

COMMONS INSISTENCE AND AMENDMENT IN LIEU

 

The Commons insist on their Amendment No. 62 to which the Lords have disagreed, and

 

disagree to the Lords Amendment (No. 62A) proposed in lieu of that Amendment, but pro­

 

pose the following Amendment to the Bill in lieu of Amendment No. 62A

62B

Page 97, line 35, at end insert—

 

“Special provision for pubs etc.

 

       Dancing and live music in pubs etc.

 

     (1)    This section applies where—

 

           (a)           a premises licence authorises—

 

                  (i)                 the supply of alcohol for consumption on the premises, and

 

                  (ii)                music entertainment, and

 

           (b)           the premises—

 

                  (i)                 are used primarily for the supply of alcohol for

 

consumption on the premises, and

 

                  (ii)                have a permitted capacity of not more than 200 persons.

 

     (2)    At any time when the premises—

 

           (a)           are open for the purposes of being used for the supply of alcohol for

 

consumption on the premises, and

 

           (b)           are being used for music entertainment,

 

            any condition of the premises licence which relates only to the music

 

entertainment, and is imposed by virtue of section 19(3)(b), 35(3)(b), 52(3)

 

or 166(5)(b), does not have effect unless it falls within subsection (3) or (4).

 

     (3)    A condition falls within this subsection if the premises licence specifies that

 

the licensing authority which granted the licence considers the imposition

 

of the condition necessary on one or both of the following grounds—

 

           (a)           the prevention of crime and disorder,

 

           (b)           public safety.


 
 

    (  4  )

 
 

     (4)    A condition falls within this subsection if, on a review of the premises

 

licence,—

 

           (a)           it is altered so as to include a statement that this section does not

 

apply to it, or

 

           (b)           it is added to the licence and includes such a statement.

 

     (5)    This section applies in relation to a club premises certificate as it applies in

 

relation to a premises licence and, in the application of this section to such

 

a certificate, the reference in subsection (2) to section 19(3)(b), 35(3)(b), 52(3)

 

or 166(5)(b) is to be read as a reference to section 72(3)(b), 83(3)(b) or 86(3).

 

     (6)    In this section—

 

                    “music entertainment” means—

 

                  (a)                 the provision of entertainment of a description falling

 

within, or of a similar description to that falling within,

 

paragraph 2(1)(e) or (g) of Schedule 1, or

 

                  (b)                 the provision of entertainment facilities falling within

 

paragraph 3 of that Schedule,

 

                         in circumstances where the conditions in paragraph 1(2) and (3) of

 

that Schedule are satisfied;

 

                    “permitted capacity”, in relation to any premises, means—

 

                  (a)                 where a fire certificate issued under the Fire Precautions Act

 

1971 (c. 40) is in force in respect of the premises and that

 

certificate imposes a requirement under section 6(2)(d) of

 

that Act, the limit on the number of persons who, in

 

accordance with that requirement, may be on the premises

 

at any one time, and

 

                  (b)                 in any other case, the limit on the number of persons who

 

may be on the premises at any one time in accordance with

 

a recommendation made by, or on behalf of, the fire

 

authority for the area in which the premises are situated (or,

 

if the premises are situated in the area of more than one fire

 

authority, those authorities); and

 

                    “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.”


 
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