S.C.D.
Amendment Paper as at
Tuesday 29th April 2003
STANDING COMMITTEE D
New Amendments handed in are marked thus *
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
276
Clause 47, page 27, line 19, leave out 'seven' and insert 'ten'.
Dr Kim Howells
46
Clause 47, page 27, line 31, at end insert 'or'.
Dr Kim Howells
47
Clause 47, page 27, line 33, leave out 'or'.
Dr Kim Howells
14
Clause 47, page 27, line 34, leave out paragraph (d).
Mr Malcolm Moss
Mr Mark Hoban
277
Clause 47, page 27, line 42, leave out 'seven' and insert 'ten'.
Mr Malcolm Moss
Mr Mark Hoban
278
Clause 47, page 28, line 17, leave out 'seven' and insert 'ten'.
Mr Malcolm Moss
Mr Mark Hoban
279
Clause 47, page 28, line 18, leave out 'seven' and insert 'ten'.
Mr Malcolm Moss
Mr Mark Hoban
280
Clause 47, page 28, line 23, leave out 'two' and insert 'three'.
Mr Malcolm Moss
Mr Mark Hoban
281
Clause 48, page 28, line 37, leave out 'seven' and insert 'ten'.
Mr Malcolm Moss
Mr Mark Hoban
282
Clause 48, page 28, line 43, leave out '48' and insert '96'.
Mr Malcolm Moss
Mr Mark Hoban
283
Clause 48, page 29, line 1, after 'it', insert 'within 14 days'.
Mr Malcolm Moss
Mr Mark Hoban
284
Clause 49, page 29, line 31, leave out subsections (5) and (6).
Mr Malcolm Moss
Mr Mark Hoban
285
Clause 50, page 30, line 6, leave out 'seven' and insert 'ten'.
Mr Malcolm Moss
Mr Mark Hoban
225
Clause 51, page 30, line 21, at end insert—
'(1A) Without prejudice to subsection (1), the chief officer of police for the police area in which any premises are situated must apply for a review of the premises licence for those premises if he is aware that there is being, or had been, carried on at those premises the sale, letting for hire, playing or exhibition of sound recordings, films, broadcasts or cable programmes in circumstances which amount to an infringement of copyright for the purposes of the Copyright, Designs and Patents Act 1988 (c. 48).
(1B) In subsection (1A) "sound recordings", "films", "broadcasts" and "cable programmes" have the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48) (copyright).'.
Mr Malcolm Moss
Mr Mark Hoban
286
Clause 51, page 31, line 12, after 'interval', insert 'but in any event not less than three years'.
Mr Malcolm Moss
Mr Mark Hoban
287
Clause 52, page 31, leave out line 39.
Mr Malcolm Moss
Mr Mark Hoban
288
Clause 52, page 31, line 40, leave out 'three' and insert 'two'.
Mr Malcolm Moss
Mr Mark Hoban
230
Clause 55, page 33, line 5, leave out '(other than section 51)'.
Mr Mark Field
Mr Malcolm Moss
40
Clause 55, page 33, line 6, leave out 'and'.
Mr Malcolm Moss
Mr Mark Hoban
226
Clause 55, page 33, line 7, at beginning insert 'subject to subsection (5)'.
Mr Mark Field
Mr Malcolm Moss
130
Clause 55, page 33, line 7, leave out paragraph (b) and insert—
| '(b) | prescribe guidance for licensing authorities when setting the amount of the fee and what may be charged for under the fee.'. |
Mr Mark Field
Mr Malcolm Moss
41
Clause 55, page 33, line 7, at end insert 'and
| (c) | prescribe the additional fee for licensable activities outside normal trading hours in relation to the length of time the premises remain open after midnight.'. |
Mr Malcolm Moss
Mr Mark Hoban
227
Clause 55, page 33, line 11, at beginning insert 'subject to subsection (5)'.
Mr Mark Field
Mr Malcolm Moss
132
Clause 55, page 33, line 13, leave out subsection (4) and insert—
'(4) If the annual fee is not paid by the prescribed time, the relevant premises licence will lapse on that date.
(5) If a licence lapses under the provisions of subsection (4), the former holder of that licence may for a period of three months, commencing on the date the licence lapsed, seek re-instatement of the licence.
(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 premises licence shall be deemed to have been reinstated as soon as the requisite fees have been received by the licensing authority.'.
Mr Malcolm Moss
Mr Mark Hoban
229
Clause 55, page 33, line 14, at end insert—
'( ) In regulations made under this section, the Secretary of State shall prescribe a nil fee to certain categories of premises which shall include—
| (d) | community centres, and |
| (e) | similar community buildings.'. |
Mr Malcolm Moss
Mr Mark Hoban
228
Clause 55, page 33, line 14, at end insert—
'(5) Regulations made under this section may prescribe circumstances in which any fee payable by virtue of this section may be varied (up to such maximum level as may be prescribed) by a licensing authority in order to take into account the cost to that authority of processing licensing applications.'.
Mr Malcolm Moss
Mr Mark Hoban
289
Clause 56, page 33, line 23, after second 'licence', insert 'and to its own licensing records, inform the Central Register of Licenses'.
Mr Malcolm Moss
Mr Mark Hoban
290
Clause 56, page 33, line 29, leave out subsections (3) and (4).
Mr Malcolm Moss
Mr Mark Hoban
231
Clause 57, page 33, line 38, leave out 'at the premises'.
Mr Malcolm Moss
Mr Mark Hoban
234
Clause 57, page 33, line 40, leave out paragraph (b) and insert—
| '(b) | the premises supervisor'. |
Mr Malcolm Moss
Mr Mark Hoban
233
Clause 57, page 34, line 8, leave out from 'the' to 'to' in line 10 and insert 'premises supervisor'.
Mr Malcolm Moss
Mr Mark Hoban
232
Clause 57, page 34, line 11, at end insert 'within a period of seven days'.
Mr Malcolm Moss
Mr Mark Hoban
269
Clause 59, page 35, line 1, leave out 'may' and insert 'must'.
Mr Malcolm Moss
Mr Mark Hoban
235
Clause 62, page 36, line 10, leave out 'two days' and insert '48 hours'.
Mr Malcolm Moss
Mr Mark Hoban
302
Clause 62, page 36, line 10, leave out 'two' and insert 'four'.
Mr Malcolm Moss
Mr Mark Hoban
316
Clause 62, page 36, line 10, leave out 'two days' and insert 'one day'.
Mr Malcolm Moss
Mr Mark Hoban
203
Clause 62, page 36, line 12, after 'club', insert 'unless the right to become members without prior nomination or application is thereby completely excluded,'.
Mr Malcolm Moss
Mr Mark Hoban
317
Clause 62, page 36, line 14, leave out 'two days' and insert 'one day'.
Mr Malcolm Moss
Mr Mark Hoban
204
Clause 62, page 36, leave out line 18.
Mr Malcolm Moss
Mr Mark Hoban
318
Clause 63, page 36, leave out line 26.
Mr Malcolm Moss
Mr Mark Hoban
303
Clause 63, page 36, leave out line 36.
Mr Malcolm Moss
Mr Mark Hoban
319
Clause 63, page 36, line 39, at end add—
'(4) In the event that a notice is issued as a consequence of a decision in subsection (3), the club can appeal to the magistrates under section 178.'.
