S.C.D.
Amendment Paper as at
Tuesday 8th April 2003
STANDING COMMITTEE D
LICENSING BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [1st April 2003, as amended on 3rd April 2003].
Clause No. 3 (Licensing authorities).
Amendment (No. 59) proposed, in page 2, to leave out lines 34 to 38 and insert the words—
'(a) the licensing justices, as defined in section 2 of the Licensing Act (1964) (c. 26),'.—(Mr Malcolm Moss.)
Question proposed, That the Amendment be made.
Mr Malcolm Moss
Mr Mark Hoban
60
Clause 3, page 2, leave out line 40.
Mr Malcolm Moss
Mr Mark Hoban
61
Clause 3, page 2, leave out line 41.
Mr Malcolm Moss
Mr Mark Hoban
64
Clause 3, page 2, line 41, at end insert—
'( ) The University of Cambridge,'.
Dr Kim Howells
44
Clause 3, page 2, line 41, at end insert 'or'.
Dr Kim Howells
45
Clause 3, page 3, line 1, leave out ', or'.
Dr Kim Howells
6
Clause 3, page 3, line 2, leave out paragraph (i).
Nick Harvey
Mr Adrian Sanders
140
Clause 4, page 3, leave out lines 9 and 10 and insert—
| '(a) | to maintain a national register of personal licenses granted under Part 6 of this Act, and'. |
Mr Andrew Turner
99
Clause 4, page 3, line 10, after 'Act', insert—
| '( ) | to act as licensing authority for premises licences where the applicant or owner of the premises is the licensing authority for the area in which the premises are situate,'. |
Dr Kim Howells
7
Page 3, line 5, leave out Clause 4.
Mr Malcolm Moss
Mr Mark Hoban
118
Clause 5, page 3, line 25, at end insert 'to grant permission, in the form of a licence, to a person, business or organisation to provide—
| (a) | the sale by retail of alcohol, |
| (b) | the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club, |
| (c) | regulated entertainment as set out in Schedule 1, |
| (d) | late night refreshment as set out in Schedule 2, |
where it would otherwise be an offence without such a licence; and further to promote—'.
Dr Kim Howells
Mr Mark Field
8
Clause 5, page 3, line 28, leave out from first 'of' to '; and' in line 31 and insert 'public nuisance'.
Mr Andrew Turner
107
Clause 5, page 3, line 30, leave out from 'premises' to '; and' in line 31.
Mr Malcolm Moss
Mr Mark Hoban
66
Clause 5, page 3, line 31, leave out 'and'.
Mr Malcolm Moss
Mr Mark Hoban
65
Clause 5, page 3, line 32, after 'children', insert 'and other vulnerable persons'.
Mr Malcolm Moss
Mr Mark Hoban
67
Clause 5, page 3, line 32, at end insert 'and
| ( ) | the protection of the quality of life of communities'. |
Mr Malcolm Moss
Mr Mark Hoban
68
Clause 5, page 3, line 32, at end insert 'and
| ( ) | the protection of the environment'. |
Mr Malcolm Moss
Mr Mark Hoban
69
Clause 5, page 3, line 32, at end insert 'and
| ( ) | the protection of public health'. |
Mr Malcolm Moss
Mr Mark Hoban
70
Clause 5, page 3, line 32, at end insert 'and
| ( ) | the control of alcohol sales at licensed premises'. |
Mr Malcolm Moss
Mr Mark Hoban
71
Clause 5, page 3, line 32, at end insert 'and
| ( ) | the regulation of licensed premises providing a leisure amenity for the general public'. |
Jim Knight
88
Clause 5, page 3, line 32, at end insert 'and
| (c) | the safeguarding of cultural activity.' |
Mr Mark Field
Mr Malcolm Moss
134
Clause 5, page 3, line 32, at end insert 'and
| ( ) | the protection of residential amenity'. |
Mr Mark Field
Mr Malcolm Moss
42
Clause 5, page 3, line 34, at end insert—
| '( ) | the protection of amenity,'. |
Mr Malcolm Moss
Mr Mark Hoban
72
Clause 5, page 3, line 36, leave out 'guidance' and insert 'regulations'.
Mr Malcolm Moss
Mr Mark Hoban
73
Clause 5, page 3, line 36, at end insert 'which shall in particular set out the specific reasons which the Secretary of State considers to justify the exclusion of children from free access to licensed premises.'.
Mr Malcolm Moss
Mr Mark Hoban
74
Clause 5, page 3, line 36, at end insert 'which shall in particular set out the specific reasons which the Secretary of State considers justify the prevention of any licensing authority from restricting the number of licensed premises, regulating the type of licensed premises, or imposing a generalised closing time in any part of a town centre of other locality within the licensing area.'.
Mr Malcolm Moss
Mr Mark Hoban
119
Clause 5, page 3, line 36, at end insert 'and
| ( ) | the encouragement of the development of social, cultural and sporting facilities for persons living and working in that area, or visitors to that area, in such a manner as is consistent with the licensing objectives.'. |
Mr Mark Field
Mr Malcolm Moss
Nick Harvey
Mr Adrian Sanders
43
Clause 179, page 99, leave out lines 5 to 19 and insert—
'( ) But the Secretary of State may not revise the licensing guidance unless a draft of the revised version has been laid before and approved by resolution of each House of Parliament.'.
Mr Malcolm Moss
Mr Mark Hoban
75
Clause 6, page 3, line 38, leave out subsection (1).
Mr Andrew Turner
105
Clause 6, page 4, line 1, after 'licensing', insert 'policy'.
Mr Malcolm Moss
Mr Mark Hoban
76
Clause 6, page 4, line 3, leave out from 'section' to end of line 6 and insert 'relevant period' means—
| (a) | in the case of a council whose members are wholly or partly elected every four years, a period of four years beginning with the date of coming into force of this Act; |
| (b) | in the case of council whose members are wholly or partly elected every three years, a period of three years beginning with the date of coming into force of this Act.'. |
Mr Malcolm Moss
Mr Mark Hoban
77
Clause 6, page 4, line 7, leave out 'three year' and insert 'relevant'.
Mr Andrew Turner
108
Clause 6, page 4, line 7, after 'authority', insert 'other than the Central Authority'.
Mr Andrew Turner
104
Clause 6, page 4, line 11, leave out from beginning to 'businesses' in line 18 and insert—
| '(c) | holders of premises licences issued by that authority; |
| (d) | holders of club premises certificates issued by that authority; |
| (e) | holders of personal licences living in or carrying on business in the area of that authority; and |
Mr Andrew Turner
103
Clause 6, page 4, line 16, leave out 'issued by' and insert 'resident in or carrying on business in the area of'.
Mr Andrew Turner
109
Clause 6, page 4, line 18, at end insert—
'(3A) Before determining its policy the Central Authority must consult—
| (a) | the Secretary of State for the Home Department; |
| (b) | such persons as represent— |
| (i) | chief officers of police, |
| (ii) | chief fire officers, |
| (iii) | holders of premises licences, and |
| (iv) | holders of club premises certificates, and |
| (c) | holders of personal licences'. |
Mr Andrew Turner
92
Clause 6, page 4, line 18, at end insert—
'(3B) Before the licensing policy of the Central Authority shall take effect its licensing statement shall be laid before each House of Parliament for twenty-eight days and may be referred back to the authority for further consideration by resolution of either House.'.
Mr Malcolm Moss
Mr Mark Hoban
78
Clause 6, page 4, line 19, leave out 'three year' and insert 'relevant'.
Mr Malcolm Moss
Mr Mark Hoban
79
Clause 6, page 4, line 20, at end insert—
'( ) In drawing up keeping under review or revising a licensing policy, a licensing authority must take into account the need to promote such live music, dancing and theatre as it considers to be for the wider cultural benefit of its local community.'.
