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Lord Williamson of Horton: My Lords, when I intervened earlier I should have declared an interest as a non-executive director of Whitbread. However, I have done it so many times in the course of the Bill that it is probably well known.

On this particular point I intervene to thank the Minister for Amendment No. 50A and for the other point that he raised, which was one that I raised earlier. I believe that we now have provisions that give adequate protection for unaccompanied children. That is a real improvement in the Bill. The Government have responded satisfactorily to our concerns.

Baroness Buscombe: My Lords, it will not surprise noble Lords to hear me say how enormously grateful I am to the Minister for the amendments. I believe that the amendments are here today because of the pressure that was put on the Government by noble Lords when this matter was debated at length in your Lordships' House. I pay particular tribute to the right reverend Prelate the Bishop of London, and others, who supported me through the discussions on those amendments.

This is a tremendously important subject. We are grateful that the Government, as a result of pressure from your Lordships, have now consulted widely and will continue to consult on the matter. Perhaps our amendments were unduly restrictive, but the Government took on board the spirit of what we were trying to achieve. I am grateful to them for that. The Bill as originally drafted did not protect the interests of

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children. I believe that now, with these amendments, the Bill will protect the interests of children and help parents to cope. I am grateful to the Minister.

On Question, Motion agreed to.

COMMONS AMENDMENT

10Page 9, line 15, leave out ", including the relevant licensing authority," and insert "(other than the relevant licensing authority)"

Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 10.

Moved, That the House do agree with the Commons in their Amendment No. 10.—(Lord McIntosh of Haringey.)

On Question, Motion agreed to.

COMMONS AMENDMENT

11Clause 17, page 10, line 15, leave out paragraph (h)

Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 11. I shall speak also to Commons Amendment No. 56.

On Report in another place, the Government tabled an amendment that was accepted, the effect of which was to add to Clause 172 premises which, at the time the activity that would otherwise be a licensable activity is carried out, are permanently or temporarily occupied for the purposes of the Armed Forces of the Crown to the list of locations at which activities would not be licensable. Therefore, the amendment has the effect of exempting messes, canteens and other service facilities from the Bill's provisions.

I can go into more detail if necessary, but I do not think that the amendment is controversial.

Moved, That the House do agree with the Commons in their Amendment No. 11.—(Lord McIntosh of Haringey.)

On Question, Motion agreed to.

COMMONS AMENDMENT

12Clause 19, page 12, line 11, after "20" insert ", (Mandatory condition in licences: exhibition of films)"

Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 12. I shall speak also to Commons Amendments Nos.13, 14, 17, 22, 32, 55, 82 and 83. Those amendments are about the admission of children to film exhibitions. Amendments Nos. 27, 29, 33, 34, 85 and 86, which were debated in the context of off sales from qualifying clubs are, in part, consequential on the principle of the amendments relating to this group.

The protection of children from harm is one of the central objectives of the Bill. To reinforce our commitment to protecting children from harm and to emphasise that under the Bill children would not be free to see age-restricted films classified by the British Board of Film Classification or by licensing

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authorities themselves, the Government tabled amendments at Report stage, which were accepted, providing that a mandatory condition should be imposed by licensing authorities on premises licences and club premises certificates authorising the exhibition of films to the effect that the premises must comply with age restriction classifications given to films either by a body designated under Section 4 of the Video Recordings Act 1984—at present that is the British Board of Film Classification—or by the licensing authority itself, which would preserve the rarely exercised current power of local authorities to classify films themselves, including in relation to individual films.

Moved, That the House do agree with the Commons in their Amendment No. 12.—(Lord McIntosh of Haringey.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

13Page 12, line 25, after "20" insert ", (Mandatory condition in licences: exhibition of films)"
14After Clause 20, 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)."

Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 13 and 14.

Moved, That the House do agree with the Commons in their Amendments Nos. 13 and 14.—(Lord McIntosh of Haringey.)

On Question, Motion agreed to.

COMMONS AMENDMENT

15Clause 28, 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"

Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 15.

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Moved, That the House do agree with the Commons in their Amendment No. 15.—(Lord McIntosh of Haringey.)


15ALord Redesdale rose to move, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 15, leave out "agree" and insert "disagree".

The noble Lord said: My Lords, I beg to move.

Moved, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 15, leave out "agree" and insert "disagree".—(Lord Redesdale.)

On Question, amendment agreed to.

On Question, Motion, as amended, agreed to.

COMMONS AMENDMENT

16Clause 33, page 19, line 22, leave out subsections (6) and (7)

Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 16.

Moved, That the House do agree with the Commons in their Amendment No. 16.—(Lord McIntosh of Haringey.)


    16A Lord Redesdale rose to move, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 16, leave out "agree" and insert "disagree".

The noble Lord said: My Lords, I beg to move.

Moved, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 16, leave out "agree" and insert "disagree"—(Lord Redesdale.)

On Question, amendment agreed to.

On Question, Motion, as amended agreed to.

COMMONS AMENDMENT

17Clause 35, page 20, line 43, after "20" insert ", (Mandatory condition in licences: exhibition of films)"

Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 17.

Moved, that the House do agree with the Commons in their Amendment No. 17.—(Lord McIntosh of Haringey.)

On Question, Motion agreed to.

COMMONS AMENDMENT

18Clause 37, 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,"

Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 18 and speak also to Amendments Nos. 19, 51, 53, 54, 68 to 81 and 84. This is a group of minor technical amendments made at Report stage in another place. Government Amendments Nos. 18 and 19 are minor amendments perfecting the drafting of the Bill in relation to

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applications to vary the individual specified in a premises licence as the designated premises supervisor. It is only for premises licences authorising the supply of alcohol that a designated premises supervisor is required, because of the particular issues that arise from the supply and consumption of alcohol, and the responsibilities which go with that. The centrality of the concept of the designated premises supervisor has been discussed at great length in both Houses.

Clause 37 provides that the holder of a premises licence may apply to vary the licence to specify a new premises supervisor. Government Amendment No. 18 will ensure that where premises licence holders have applied to vary a premises licence under Clause 34 to add the licensable activity of the supply of alcohol to other licensable activities, they may apply to vary the licence to specify premises supervisors, and this right is not restricted to just those who already hold licences authorising the supply of alcohol.

Government Amendment No. 19 makes it clear that any applications under Clause 37 which may be given immediate effect for an interim period under Clause 38 must be applications in respect of premises licences which already authorise the supply of alcohol.

Government Amendments Nos. 51 and 53 are technical amendments to improve the drafting in Clauses 149 and 152. Amendment No. 54 perfects the drafting of the Bill by changing "disturbance" at the end of subsection (3) to "nuisance". That will ensure consistency and avoid any confusion about what the police must have regard to.

Government Amendment No. 70 adds part of the schedule to the Common Informers Act 1951, which refers to two other pieces of legislation, to the list of existing legislation to be repealed by the Bill. Both pieces of legislation, the Universities (Wine Licences) Act 1743 and the Sunday Observance Act 1780, are themselves repealed by the Bill as they no longer include provisions which can have effect. I am rather pleased to be involved in repealing the Sunday Observance Act 1780. The repeal of the latter fulfils a commitment given by the Government to include it in the Bill.

Amendment No. 72 adds a section of the Licensing (Scotland) Act 1976 to be repealed. Government Amendments Nos. 81 and 84 correct minor drafting errors.

Moved, That the House do agree with the Commons in their Amendment No. 18.—(Lord McIntosh of Haringey.)

On Question, Motion agreed to.


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