Vote Bundle Text (930403-04)

Amendments proposed to the Licensing Bill [Lords] - continued	House of Commons

back to previous text

Mr Mark Field
Mr Malcolm Moss

133

Clause 90, page 52, line 5, leave out subsection (4) and insert—

'(4) If the annual fee is not paid by the prescribed time, the relevant club premises certificate will lapse on that date.

(5) If a certificate lapses under the provisions of subsection (4), the former holder of that certificate may for a period of three months, commencing on the date the licence lapsed, seek re-instatement of the certificate.

(6) The applicant for re-instatement shall pay to the relevant licensing authority the annual fee together with such reasonable re-instatement fee fixed in advance by that licensing authority.

(7) The club premises certificate shall be deemed to have been reinstated as soon as the requisite fees have been received by the licensing authority.'.

Dr Kim Howells

Clause 110, page 62, line 28, leave out 'Central Licensing Authority' and insert 'licensing authority which granted the licence'.

Nick Harvey
Mr Adrian Sanders

141

Page 62, line 26, leave out Clause 110.

Dr Kim Howells

Clause 115, page 63, line 34, leave out from 'licence' to end of line 35 and insert—

'(a)	must, if the applicant is ordinarily resident in the area of a licensing authority, be made to that authority, and

(b)	may, in any other case, be made to any licensing authority'.

Dr Kim Howells

Clause 116, page 64, line 12, leave out 'Central Licensing Authority' and insert 'licensing authority to which it was made or has been withdrawn'.

Dr Kim Howells

Clause 121, page 66, line 38, leave out 'Central Licensing Authority' and insert 'authority to which the application is made'.

Dr Kim Howells

Page 77, line 34, leave out Clause 143.

Dr Kim Howells

Page 82, line 25, leave out Clause 151.

Dr Kim Howells

Clause 160, page 87, line 11, leave out 'disturbance' and insert 'nuisance'.

Mr Malcolm Moss
Mr Mark Hoban

157

*Schedule 5, page 119, line 35, leave out paragraph (c).

Mr Malcolm Moss
Mr Mark Hoban

158

*Schedule 5, page 121, line 1, leave out paragraph 5 and insert—

'Revocation of registration of designated premises supervisor

(1)

This paragraph applies where an application to revoke registration of a designated premises supervisor in respect of a premises is refused under section (Registration of designated premises supervisor) in a case where a chief officer of police gave a notice of objection under subsection (1) of that section (which was not withdrawn).

(2) The chief officer of police may appeal against the decision not to revoke the registration.

(3) Where registration of a designated premises supervisor is revoked, the applicant may appeal against that decision.'.

Dr Kim Howells

Clause 198, page 108, line 33, leave out subsection (6).

Mr Mark Field
Mr Malcolm Moss

129

Schedule 6, page 141, line 27, leave out sub-paragraph (3) and insert—

'(3) In paragraph 3A (exemption for certain entertainment premises from provisions relating to sex encounter establishments) paragraph (i) is repealed.'.

Mr Malcolm Moss
Mr Mark Hoban

159

*Schedule 8, page 157, line 20, leave out sub-sub-paragraph (b).

Mr Malcolm Moss
Mr Mark Hoban

160

*Schedule 8, page 157, line 36, leave out sub-sub-paragraph (d).

Mr Malcolm Moss
Mr Mark Hoban

161

*Schedule 8, page 160, line 26, leave out sub-paragraph (7).

Mr Malcolm Moss
Mr Mark Hoban

162

*Schedule 8, page 161, line 1, leave out subsection (a).

Mr Malcolm Moss
Mr Mark Hoban

163

*Schedule 8, page 161, line 4, leave out 'other'.

Mr Malcolm Moss
Mr Mark Hoban

164

*Schedule 8, page 161, line 5, leave out 'an application within paragraph (a) or (b)' and insert 'such an application'.

Mr Malcolm Moss
Mr Mark Hoban

165

*Schedule 8, page 161, line 7, leave out '(a) or (b)'.

Mr Malcolm Moss
Mr Mark Hoban

166

*Schedule 8, page 161, line 10, leave out '(a) or (b)'.

Dr Kim Howells

Schedule 8, page 166, line 9, leave out 'section 73' and insert 'sections (club premises certificate authorising supply of alcohol for consumption off the premises) and 73'.

Dr Kim Howells

Schedule 8, page 166, line 14, leave out 'section' and insert 'sections (club premises certificate authorising supply of alcohol for consumption off the premise) and'.

NEW CLAUSES

Club premises certificate authorising supply of alcohol for consumption off the premises

Dr Kim Howells

NC1

To move the following Clause:—

'(1) A club premises certificate may not authorise the supply of alcohol for consumption off the premises unless it also authorises the supply of alcohol to a member of the club for consumption on those premises.

(2) A club premises certificate which authorises the supply of alcohol for consumption off the premises must include the following conditions.

(3) The first condition is that the supply must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the club premises certificate, to members of the club for consumption on the premises.

(4) The second condition is that any alcohol supplied for consumption off the premises must be in a sealed container.

(5) The third condition is that any supply of alcohol for consumption off the premises must be made to a member of the club in person.'.

Registration of designated premises supervisor

Mr Malcolm Moss
Mr Mark Hoban

NC2

*To move the following Clause:—

'(1) A holder of a personal licence seeking to become the designated premises supervisor for premises shall serve a notice in the prescribed form, together with the signed consent of the holder of the premises licence, upon—

(a)	the relevant licensing authority,

(b)	the chief officer of police, and

(c)	the person previously designated as premises supervisor, at his last known address,

and provided such notice is given registration shall be deemed to come into effect (and the registration of the person previously holding the position of designated premises supervisor cease) upon the receipt by the relevant licensing authority of the said notice.

(2) A person who has so registered shall forthwith ensure that a notice in the prescribed form identifying that person as the designated premises supervisor is prominently displayed on the premises.

(3) Failure to display such a notice in accordance with subsection (1) shall be an offence punishable by a fine not exceeding Level 1 on the standard scale.'.

Revocation of registration of designated premises supervisor

Mr Malcolm Moss
Mr Mark Hoban

NC3

*To move the following Clause:—

'(1) Where a chief officer of police is satisfied that the exceptional circumstances of the case are such that permitting the person so identified in a notice given under subsection (2) of section (Registration of designated premises supervisor) would undermine the crime prevention objective, he may within 14 days of receiving such notice apply to the relevant licensing authority for the revocation of the registration of that person as the designated premises supervisor.

(2) Where a notice is given under the previous subsection (and not withdrawn), the authority must—

(a)	hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessary, and

(b)	having regard to the notice, grant the application for revocation if it considers it necessary for the promotion of the crime prevention objective to do so.

(3) Where registration under section (Registration of designated premises supervisor) is revoked, the relevant licensing authority must give a notice to that effect to—

(a)	the person who was so registered,

(b)	the holder of the premises licence, and

(c)	the chief officer of police for the police area (or each police area) in which the premises are situated.

(4) Where a chief officer of police gave notice under subsection (1) (and it was not withdrawn), the notice under the preceding subsection must state the authority's reasons for granting or rejecting the application for revocation of the registration.'.

NEW SCHEDULE

Mr Andrew Turner

NS1

To move the following Schedule:—

'Provision of Premises for Public Gatherings

The Secretary of State shall make regulations which shall be subject to the negative resolution procedure and which—

(a)	define "the provision of premises for public gatherings" to have the normal meaning of those words save that they exclude premises which have planning permission (or established use certificates) for use for public gatherings of the size contemplated, and—

(i)	have a valid fire safety certificate; or

(ii)	have regularly in the last five years been used for public gatherings of the size contemplated; and

(b)	define "the size contemplated" to mean contemplated by the organizer of the gathering.'.

ORDER OF THE HOUSE [24TH MARCH 2003]

That the following provisions shall apply to the Licensing Bill [Lords]:

Committal

1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 20th May 2003.

3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

6. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords may be programmed.

ORDER OF THE COMMITTEE [1ST APRIL 2003]

That—

(1) during proceedings on the Licensing Bill [Lords] the Standing Committee do meet when the House is sitting on Tuesdays and Thursdays at 8.55 a.m. and at 2.30 p.m., except that on Thursday 3rd April the Committee shall not meet at 2.30 p.m. and on Thursday 1st May the Committee shall not meet;

(2) 18 sittings in all shall be allotted to the consideration of the Bill by the Committee;

(3) the proceedings shall be taken in the following order, namely Clause 1, Schedules 1 and 2, Clauses 2 to 5, Clause 179, Clauses 6 to 9, Schedule 3, Clauses 10 to 111, Schedule 4, Clauses 112 to 178, Schedule 5, Clauses 180 to 198, Schedules 6 to 8, New Clauses, New Schedules and remaining proceedings on the Bill;

(4) the proceedings on Clause 1, Schedules 1 and 2, Clauses 2 to 5 and Clause 179 shall (so far as not previously concluded) be brought to a conclusion at 11.25 a.m. on Thursday 3rd April;

(5) the proceedings on Clauses 6 to 9, Schedule 3 and Clauses 10 to 46 shall (so far as not previously concluded) be brought to a conclusion at 5 p.m. on Thursday 10th April;

(6) the proceedings on Clauses 47 to 59 shall (so far as not previously concluded) be brought to a conclusion at 11.25 a.m. on Tuesday 29th April;

(7) the proceedings on Clauses 60 to 95 shall (so far as not previously concluded) be brought to a conclusion at 11.25 a.m. on Tuesday 6th May;

(8) the proceedings on Clauses 96 to 111, Schedule 4 and Clauses 112 to 142 shall (so far as not previously concluded) be brought to a conclusion at 11.25 a.m. on Tuesday 13th May;

(9) the proceedings on Clauses 143 to 174 shall (so far as not previously concluded) be brought to a conclusion at 11.25 a.m. on Thursday 15th May;

(10) the proceedings on Clauses 175 to 178, Schedule 5, Clauses 180 to 198, Schedules 6 to 8, New Clauses, New Schedules and remaining proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 11.25 a.m. on Tuesday 20th May.




©Parliamentary copyright 2003	Prepared 3 Apr 2003