Select Committee on Delegated Powers and Regulatory Reform Twenty-Second Report


LICENSING BILL [HL] - CONSIDERATION OF COMMONS AMENDMENTS

INTRODUCTION

1.  The Committee reported on this bill in its 1st Report of this Session[2] and published the Government's response to recommendations made in that report in its 12th Report.[3]

2.  In a letter dated 4 June 2003 from Dr Kim Howells MP, Minster for Tourism, Film and Broadcasting at the Department for Culture, Media and Sport, the Committee was informed about amendments to be taken in the Commons which included new delegated powers. The letter (including an annex setting out the amendments and an explanation of the amendments) is printed in Annex 1 to this report. The amendments were agreed by the Commons and are now before the House for consideration.

THE AMENDMENTS

3.  Under clause 98, an individual is required to submit a "temporary event notice" where he wishes to carry out a licensable activity which is not covered by a premises licence or club premises certificate. The period during which premises may be temporarily used for permitted licensable activities is limited to a maximum of 72 hours (to be increased to 96 hours by amendments also before the House) and the number of persons allowed on the premises during that period is limited to a maximum of 500. The purpose of the amendment, identified in Annex A to the letter, to clause 98 is to enable the Secretary of State, by order subject to affirmative procedure, to alter both the maximum period and the maximum number of persons.

4.  Clause 105 provides that a licensing authority must issue a counter notice in respect of a temporary event notice when certain limits (such as the number of notices previously submitted by a premises user) have been reached. The purpose of the amendment, identified in Annex A to the letter, to clause 105 is to enable the Secretary of State, by order subject to affirmative procedure, to amend those limits.

5.  In each case, we find both the delegation and the level of scrutiny appropriate.

CONCLUSION

6.  There is nothing in these amendments to which the Committee wishes to draw the attention of the House.


2   HL Paper 9, Session 2002-03. Back

3   HL Paper 63, Session 2002-03. Back


 
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