S.C.D.
Amendment Paper as at
Thursday 10th 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].
Mr Malcolm Moss
Mr Mark Hoban
82
Clause 10, page 6, line 17, at beginning insert 'Subject to subsection (2A),'.
Mr Malcolm Moss
Mr Mark Hoban
83
Clause 10, page 6, line 26, at end insert—
'(2A) Regulations made under subsection (2) may not make provision for—
| (a) | the public to be excluded from any meeting of a licensing committee or sub-committee, or |
| (b) | the public to be denied access to the agendas and records produced in respect of those buildings.'. |
Mr Andrew Turner
139
Clause 10, page 6, line 26, at end insert—
'(2A) Regulations made under subsection (2) shall as far as possible have the effect of the relevant provisions of the Local Government Act.'.
Mr Malcolm Moss
Mr Mark Hoban
84
Clause 11, page 6, line 33, after 'officer', insert 'or a panel of officers'.
Mr Malcolm Moss
Mr Mark Hoban
85
Clause 11, page 6, line 38, after 'officer', insert 'or a panel of officers'.
Mr Andrew Turner
176
Clause 13, page 8, line 4, leave out 'subsection (3)' and insert 'subsections (3) and (3A)'.
Mr Andrew Turner
177
Clause 13, page 8, line 11, at end insert—
'(3A) Where the applicant or owner of the premises is the licensing authority in whose area the premises are situated, the relevant licensing authority is the licensing justices, as defined by section 2 of the Licensing Act 1964 (c. 26).'.
Mr Andrew Turner
212
Clause 13, page 8, line 11, at end insert—
'(3A) Where the applicant or owner of the premises is the licensing authority in whose area the premises are situated, the Secretary of State shall designate another licensing authority as the relevant licensing authority in relation to the application.'.
Mr Andrew Turner
178
Clause 14, page 8, line 42, leave out from 'person' to end of line 45 and insert 'or a representative of a business or body whether incorporated or otherwise likely (in his opinion) to be affected by the grant or rejection of an application,'.
Dr Kim Howells
10
Clause 14, page 9, line 1, leave out paragraph (e).
Mr Malcolm Moss
Mr Mark Hoban
170
Clause 14, page 9, line 1, leave out from beginning to first 'the' in line 2.
Mr Andrew Turner
179
Clause 14, page 9, line 2, leave out from first 'the' to end of line 3 and insert 'local councillor of the local authority,
| (f) | the council for the parish (in England) or community (in Wales) in which the premises are situated. |
(3A) For the purposes of subsection (3) "local authority" means the district or county (in England), county or county borough (in Wales), or London borough in which the premises are situated or the City of London or the area of the Council of the Isles of Scilly being the authority in which the premises are situated.'.
Mr Andrew Turner
181
Clause 14, page 9, line 2, leave out 'or ward' and insert ', ward or division'.
Mr Andrew Turner
180
Clause 14, page 9, line 2, after second 'ward', insert 'or electoral division'.
Mr Malcolm Moss
Mr Mark Hoban
171
Clause 14, page 9, leave out line 14.
Dr Kim Howells
120
Clause 14, page 9, line 14, leave out 'for the area in which the premises are situated' and insert 'by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health'.
Dr Kim Howells
11
Clause 14, page 9, line 14, at end insert—
| (i) | represents those who, in relation to any such area, are responsible for, or interested in, matters relating to the protection of children from harm, and |
| (ii) | is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters,'. |
Mr Mark Field
Mr Malcolm Moss
122
Clause 14, page 9, line 14, at end insert—
| '( ) | the principal litter authority for the area;'. |
Mr Andrew Turner
182
Clause 14, page 9, line 14, at end insert—
| '( ) | the health authority responsible for ambulance services for the area in which the premises are situated;'. |
Mr Andrew Turner
183
Clause 14, page 9, line 14, at end insert—
| '( ) | the authorities responsible for safety and rescue at sea (where the premises are a sea-going vessel);'. |
Dr Kim Howells
121
Clause 14, page 9, line 15, leave out ', including the relevant licensing authority,' and insert '(other than the relevant licensing authority)'.
Mr Malcolm Moss
Mr Mark Hoban
142
Clause 16, page 9, line 36, leave out from 'being' to end of line 37 and insert 'registered with the relevant licensing authority in that capacity.'.
Mr Malcolm Moss
Mr Mark Hoban
143
Clause 16, page 9, line 39, leave out 'in the licence'.
Mr Malcolm Moss
Mr Mark Hoban
144
Clause 18, page 11, line 10, leave out from 'form' to end of line 15.
Mr Mark Field
Mr Malcolm Moss
36
Clause 18, page 11, line 10, leave out 'and'.
Mr Mark Field
Mr Malcolm Moss
37
Clause 18, page 11, line 15, at end insert 'and
| (d) | where the application is for opening hours to include those beyond normal trading hours, by an environmental impact assessment.'. |
Mr Malcolm Moss
Mr Mark Hoban
145
Clause 18, page 11, line 25, leave out paragraph (e).
Mr Mark Field
Mr Malcolm Moss
123
Clause 18, page 11, line 33, at end insert—
| '(gg) | whether the licensable activities will involve nudity or activities of a sexual nature,'. |
Mr Malcolm Moss
Mr Mark Hoban
Nick Harvey
Mr Adrian Sanders
186
Clause 18, page 11, line 33, at end insert—
| '( ) | where the relevant licensable activities include the supply of alcohol for consumption on the premises, the maximum permitted occupancy of the premises,'. |
Mr Andrew Turner
184
Clause 18, page 11, line 36, leave out 'an applicant to advertise his application' and insert 'a licensing authority to advertise each application it receives'.
Mr Malcolm Moss
Mr Mark Hoban
187
Clause 19, page 12, line 6, at end insert—
'( ) The licensing authority is under a duty to act promptly in the determination of applications under this section.'.
Mr Malcolm Moss
Mr Mark Hoban
188
Clause 19, page 12, line 6, at end insert—
'( ) Where an application for a premises licence is received by a licensing authority but—
| (a) | it is not made in accordance with section 18, or |
| (b) | the authority is not satisfied under subsection (1)(b), |
the authority shall return the application to the applicant indicating its reasons for doing so.'.
Mr Mark Field
Mr Malcolm Moss
38
Clause 19, page 12, line 7, leave out 'subsection (3)' and insert 'subsections (3) and (11)'.
Mr Mark Field
Mr Malcolm Moss
136
Clause 19, page 12, line 8, after 'application', insert 'unless a saturation policy is in place,'.
Mr Mark Field
Mr Malcolm Moss
124
Clause 19, page 12, line 9, after 'the', insert 'licensing statement or the'.
Mr Mark Field
Mr Malcolm Moss
125
Clause 19, page 12, line 10, leave out 'and'.
Mr Mark Field
Mr Malcolm Moss
126
Clause 19, page 12, line 12, at end insert 'and
| (c) | such conditions as may be required for the promotion of the licensing objectives, whether or not consistent with the operating schedule accompanying the application.'. |
