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Notices of Amendments: 7 May 2014                      

1993

 

Deregulation Bill, continued

 
 

accordance with subsection (3), the person who gave the notice has

 

been given a counter notice under section 110J.

 

110H  

 Theft, loss etc of Part 5A notice

 

(1)    

Where a Part 5A notice is lost, stolen, damaged or destroyed, the

 

person who gave the notice may apply to the relevant licensing

 

authority for a copy of the notice.

 

(2)    

The application must be accompanied by the prescribed fee.

 

(3)    

Where an application is made in accordance with this section, the

 

licensing authority must issue the applicant with a copy of the notice

 

(certified by the authority to be a true copy) if it is satisfied that the

 

notice has been lost, stolen, damaged or destroyed.

 

(4)    

This Act applies in relation to a copy issued under this section as it

 

applies in relation to an original notice.

 

Objections and counter notices

 

110I  

 Objection to Part 5A notice by a relevant person

 

(1)    

Where a relevant person who is given a Part 5A notice is satisfied that

 

allowing alcohol to be sold on the premises (or any of the premises) to

 

which the notice relates would undermine a licensing objective, the

 

relevant person must give a notice stating the reasons for being so

 

satisfied (an “objection notice”)—

 

(a)    

to the relevant licensing authority,

 

(b)    

to the person who gave the Part 5A notice, and

 

(c)    

to every other relevant person.

 

(2)    

Subsection (1) does not apply at any time after the relevant person has

 

received a copy of a counter notice under section 110J in relation to

 

the Part 5A notice.

 

(3)    

An objection notice may be given only during the period beginning

 

with the day on which the relevant person is given the Part 5A notice

 

and ending with the third working day following that day (“the three-

 

day period”).

 

(4)    

The restriction in subsection (3) does not apply to an objection notice

 

based on—

 

(a)    

things occurring after the end of the three-day period, or

 

(b)    

information that the relevant person was unaware of, and

 

could not with reasonable diligence have discovered, until

 

after the end of that period.

 

110J  

 Counter notices

 

(1)    

Where a relevant licensing authority receives a Part 5A notice, the

 

relevant licensing authority may—

 

(a)    

give the person who gave the Part 5A notice a counter notice

 

under this section;

 

(b)    

give a copy of the counter notice to each relevant person.

 

(2)    

Where the relevant licensing authority receives an objection notice

 

given in compliance with the requirement imposed by section 110I(3),

 

the relevant licensing authority must decide whether to give a counter


 
 

Notices of Amendments: 7 May 2014                      

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Deregulation Bill, continued

 
 

notice (and, if it does so decide, give that notice) no later than

 

whichever of the following is the earlier—

 

(a)    

the day before the date when the Part 5A would take effect

 

(see section 110D(8));

 

(b)    

the expiry of the period of 28 days beginning with the day on

 

which the objection notice is received by the relevant

 

licensing authority.

 

(3)    

The power conferred by subsection (1) may not be exercised at any

 

time after the Part 5A notice takes effect unless an objection notice

 

under section 110I has been given, by virtue of subsection (4) of that

 

section, in relation to the notice.

 

(4)    

The counter notice must—

 

(a)    

be in the prescribed form, and

 

(b)    

be given in the prescribed manner.

 

110K  

 Counter notices: revocation etc

 

(1)    

A relevant licensing authority must revoke a counter notice given

 

under section 110J if—

 

(a)    

the counter notice was given in consequence of one or more

 

objection notices under section 110I, and

 

(b)    

the objection notice or (as the case may be) each of them is

 

withdrawn by the person who gave it or is quashed by a court.

 

(2)    

Where a counter notice is revoked or is quashed by a court—

 

(a)    

the counter notice is disregarded for the purposes of section

 

110A(3), except in relation to any time before the day on

 

which it is revoked or quashed,

 

(b)    

the Part 5A notice takes effect on that day, and

 

(c)    

the relevant licensing authority must as soon as possible notify

 

the person who gave the Part 5A notice of the date on which

 

it takes effect.

 

Rights of entry, production of notice, etc

 

110L  

 Right of entry where Part 5A notice given

 

(1)    

A constable or an authorised officer may, at any reasonable time, enter

 

premises to which a Part 5A notice relates to assess the likely effect of

 

the notice on the promotion of the crime prevention objective.

 

(2)    

An authorised officer exercising the power conferred by this section

 

must, if so requested, produce evidence of the officer’s authority to

 

exercise the power.

 

(3)    

It is an offence intentionally to obstruct an authorised officer

 

exercising a power conferred by this section.

 

(4)    

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

 

conviction to a fine not exceeding level 2 on the standard scale.

 

(5)    

In this section “authorised officer” means—

 

(a)    

an officer of the licensing authority in whose area the

 

premises are situated, or


 
 

Notices of Amendments: 7 May 2014                      

1995

 

Deregulation Bill, continued

 
 

(b)    

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

 

licensing authority, an officer of any of those authorities,

 

    

authorised for the purposes of this Act.

 

110M  

 Duty to keep and produce Part 5A notice

 

(1)    

This section applies whenever premises are being used for sales of

 

alcohol which are, or are purported to be, permitted sales by virtue of

 

this Part.

 

(2)    

The person who gave the Part 5A notice must secure that a copy of the

 

notice is either—

 

(a)    

prominently displayed at the premises, or

 

(b)    

kept at the premises in the custody of that person or of

 

someone who is present and working at the premises and

 

whom that person has nominated for the purposes of this

 

section (a “nominated person”).

 

(3)    

Where a copy of the Part 5A notice is kept in the custody of a

 

nominated person (and not prominently displayed at the premises) the

 

person who gave the Part 5A notice must secure that a notice—

 

(a)    

stating that the Part 5A notice is in the nominated person’s

 

custody, and

 

(b)    

specifying the position held at the premises by the nominated

 

person,

 

    

is prominently displayed at the premises.

 

(4)    

It is an offence for the person who gave the Part 5A notice to fail,

 

without reasonable excuse, to comply with subsection (2) or (where it

 

applies) subsection (3).

 

(5)    

Where—

 

(a)    

a copy of the Part 5A notice is not prominently displayed at

 

the premises, and

 

(b)    

no notice is displayed as mentioned in subsection (3),

 

    

a constable or authorised officer may require the person who gave the

 

Part 5A notice to produce a copy of it for examination.

 

(6)    

Where a notice is displayed as mentioned in subsection (3), a

 

constable or authorised officer may require the nominated person to

 

produce a copy of the Part 5A notice for examination.

 

(7)    

An authorised officer exercising the power conferred by subsection (5)

 

or (6) must, if so requested, produce evidence of the officer’s authority

 

to exercise the power.

 

(8)    

It is an offence for a person to fail, without reasonable excuse, to

 

produce a copy of a Part 5A notice in accordance with a requirement

 

under subsection (5) or (6).

 

(9)    

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

 

conviction to a fine not exceeding level 2 on the standard scale.

 

(10)    

In this section “authorised officer” has the meaning given in section

 

110L(5).


 
 

Notices of Amendments: 7 May 2014                      

1996

 

Deregulation Bill, continued

 
 

Supplementary

 

110N  

The relevant licensing authority

 

(1)    

For the purposes of this Part, the “relevant licensing authority”, in

 

relation to any premises, is determined in accordance with this section.

 

(2)    

In the case of a Part 5A notice that specifies the ancillary business

 

sales conditions or in the case of Part 5A notice that specifies the

 

community event conditions in relation to only one set of premises, the

 

relevant licensing authority is, subject to subsection (3), the authority

 

in whose area the premises are situated.

 

(3)    

Where the premises are situated in the areas of two or more licensing

 

authorities, the relevant licensing authority is—

 

(a)    

the licensing authority in whose area the greater or greatest

 

part of the premises is situated, or

 

(b)    

if there is no authority to which paragraph (a) applies, such

 

one of the authorities as the person giving the Part 5A notice

 

may choose.

 

(4)    

In the case of a Part 5A notice that specifies the community event

 

conditions in relation to more than one set of premises, the relevant

 

licensing authority is—

 

(a)    

if there is only one licensing authority in whose area each set

 

of premises is wholly or partly situated, that licensing

 

authority;

 

(b)    

if each set of premises falls partly in the area of one authority

 

and also partly in the area of another, such one of them as the

 

person giving the Part 5A notice may choose.”’.

 

Member’s explanatory statement

 

This amendment inserts the new Part 5A of the Licensing Act 2003 (see the explanatory statement

 

to amendment NC5).

 

Tom Brake

 

Oliver Heald

 

27

 

Schedule  1,  page  53,  line  9,  leave out ‘prepare and’.

 

Member’s explanatory statement

 

This amendment removes the requirement that the Secretary of State must prepare apprenticeship

 

standards. It is related to amendment 28.

 

Tom Brake

 

Oliver Heald

 

28

 

Schedule  1,  page  53,  line  11,  at end insert—

 

‘( )    

Each standard must be—

 

(a)    

prepared by the Secretary of State, or

 

(b)    

prepared by another person and approved by the Secretary of State.’.

 

Member’s explanatory statement

 

This amendment allows for any person, including employers, to prepare apprenticeship standards

 

(as well as the Secretary of State). A standard must be approved by the Secretary of State if it is

 

prepared by another person.


 
 

Notices of Amendments: 7 May 2014                      

1997

 

Deregulation Bill, continued

 
 

Tom Brake

 

Oliver Heald

 

29

 

Schedule  1,  page  53,  line  19,  leave out from ‘State’ to end of line 24 and insert

 

‘may—

 

(a)    

publish a revised version of a standard, or

 

(b)    

withdraw a standard (with or without publishing another in its place).’.

 

Member’s explanatory statement

 

This amendment, which is related to amendment 30, allows for the Secretary of State to publish an

 

amended version of a standard or to withdraw a standard (with or without publishing another

 

one).

 

Tom Brake

 

Oliver Heald

 

30

 

Schedule  1,  page  53,  line  24,  at end insert—

 

‘( )    

Revisions of a standard may be—

 

(a)    

prepared by the Secretary of State, or

 

(b)    

prepared by another person and approved by the Secretary of State.’.

 

Member’s explanatory statement

 

This amendment allows for any person, including employers, to prepare revisions of

 

apprenticeship standards (as well as the Secretary of State). A standard must be approved by the

 

Secretary of State if it is prepared by another person.

 

Tom Brake

 

Oliver Heald

 

31

 

Schedule  1,  page  53,  leave out lines 25 to 27.

 

Member’s explanatory statement

 

This amendment removes the express provision for employers or their representatives to make

 

proposals to the Secretary of State about standards. This is considered unnecessary in the light of

 

amendments 28 and 30 which allow for an enhanced role for employers and other persons.

 

Tom Brake

 

Oliver Heald

 

32

 

Schedule  1,  page  55,  line  25,  at end insert—

 

‘1A(1)  

Section 100 of the Apprenticeships, Skills, Children and Learning Act 2009

 

(provision of financial resources) is amended as follows.

 

      (2)  

In subsection (1), after “financial resources” insert “under this subsection”.

 

      (3)  

After subsection (1) insert—

 

“(1A)    

The Secretary of State may secure the provision of financial resources

 

to any person under this subsection (whether or not the resources could

 

be secured under subsection (1))—

 

(a)    

for the purpose of encouraging the provision of opportunities

 

for individuals to complete approved English apprenticeships

 

or to undertake work following the completion of such

 

apprenticeships, or

 

(b)    

otherwise in connection with approved English

 

apprenticeships.”

 

      (4)  

In subsection (3), after “subsection (1)” insert “or (1A)”.

 

      (5)  

In subsection (4), after “subsection (1)(c)” insert “or (1A)”.


 
 

Notices of Amendments: 7 May 2014                      

1998

 

Deregulation Bill, continued

 
 

1B  (1)  

Section 101of that Act (financial resources: conditions) is amended as follows.

 

      (2)  

In subsection (2)—

 

(a)    

after “may” insert “(among other things)”;

 

(b)    

omit paragraph (b).

 

      (3)  

Omit subsections (4) and (5).

 

1C         

In section 103 of that Act (means tests), in subsection (1) (as amended by

 

paragraph 13C of Schedule 13) after “section 100(1)(c), (d) or (e)” insert “or

 

(1A)”.’.

 

Member’s explanatory statement

 

This amendment is to ensure that the Secretary of State may make payments relating to approved

 

English apprenticeships under section 100 of the Apprenticeships, Skills, Children and Learning

 

Act 2009 (provision of financial resources). It makes consequential changes to sections 100, 101

 

and 103 of that Act.

 

Tom Brake

 

Oliver Heald

 

33

 

Schedule  1,  page  56,  line  17,  leave out ‘employment’ and insert ‘service’.

 

Member’s explanatory statement

 

This amendment, together with amendment 34, is to clarify that “apprenticeship training” in

 

section 83 of the Apprenticeships, Skills, Children and Learning Act 2009 includes training

 

provided in connection with any contract of service or contract of apprenticeship.

 

Tom Brake

 

Oliver Heald

 

34

 

Schedule  1,  page  56,  line  18,  after ‘agreement)’ insert ‘or contract of

 

apprenticeship’.

 

Member’s explanatory statement

 

See amendment 33.

 

Tom Brake

 

Oliver Heald

 

35

 

Schedule  1,  page  57,  line  38,  at end insert—

 

‘Part 4

 

Transitional provision

 

            

The provision that may be included in an order under section 77(7) in

 

connection with the coming into force of paragraph 1 of this Schedule includes

 

provision—

 

(a)    

for work done by a person under an arrangement described in the order

 

to be treated as work done under an approved English apprenticeship

 

within the meaning of the Apprenticeships, Skills, Children and

 

Learning Act 2009, where the person begins to work under the

 

arrangement before the paragraph comes into force and continues to

 

do so (for any period) afterwards;

 

(b)    

for a standard published by the Secretary of State before the paragraph

 

comes into force, in connection with work that by virtue of provision

 

made under paragraph (a) is treated as work done under an approved

 

English apprenticeship, to be treated as if it were an approved


 
 

Notices of Amendments: 7 May 2014                      

1999

 

Deregulation Bill, continued

 
 

apprenticeship standard published under section A2 of the 2009 Act in

 

relation to the approved English apprenticeship.’.

 

Member’s explanatory statement

 

This amendment provides that the Secretary of State may by order make certain transitional

 

provision, in particular, provision for work to be treated as if it were done under an approved

 

English apprenticeship where the work was done under other specified arrangements before

 

paragraph 1 of Schedule 1 comes into force.

 

Tom Brake

 

Oliver Heald

 

36

 

Schedule  2,  page  58,  line  11,  leave out ‘authorise the person to apply’ and insert

 

‘require the person’.

 

Member’s explanatory statement

 

This amendment is a drafting improvement to make new section 124(3)(a) of the Road Traffic Act

 

1988 more consistent with the new system for registering driving instructors.

 

Tom Brake

 

Oliver Heald

 

37

 

Schedule  2,  page  58,  line  34,  leave out ‘applicant’ and insert ‘person’.

 

Member’s explanatory statement

 

This amendment is a drafting change to improve the cross-reference between new section 125(3D)

 

and 125ZA(4)(ba) of the Road Traffic Act 1988.

 

Tom Brake

 

Oliver Heald

 

38

 

Schedule  2,  page  61,  line  20,  at end insert—

 

    

‘unless the Registrar considers it appropriate for the application to be made at

 

such earlier time as may be specified by the Registrar.”’.

 

Member’s explanatory statement

 

This amendment will enable the Registrar to allow an application to undergo a further emergency

 

control assessment under section 133B(4) to be made before the end of the six month period

 

referred to in new section 133B(5A).

 

Tom Brake

 

Oliver Heald

 

39

 

Schedule  2,  page  62,  line  32,  leave out ‘applicant’ and insert ‘person’.

 

Member’s explanatory statement

 

This amendment is a drafting change to improve the cross-reference between new section 125(2D)

 

and 125(5A) of the Road Traffic Act 1988.

 

Tom Brake

 

Oliver Heald

 

40

 

Schedule  2,  page  65,  line  25,  leave out paragraph 22.

 

Member’s explanatory statement

 

This amendment is consequential on amendment 43.


 
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