S.C.D.
Amendment Paper as at
Tuesday 6th May 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].
Dr Kim Howells
17
Clause 71, page 41, line 36, at end insert—
| '( ) | where the relevant qualifying club activities include the supply of alcohol, whether the supplies are proposed to be for consumption on the premises or both on and off the premises,'. |
Mr Malcolm Moss
Mr Mark Hoban
310
Clause 71, page 41, line 36, at end insert 'or hired out for functions to non-members of the club'.
Dr Kim Howells
18
Clause 72, page 42, line 17, after 'to', insert—
Mr Malcolm Moss
Mr Mark Hoban
311
Clause 72, page 42, line 18, leave out 'club'.
Dr Kim Howells
19
Clause 72, page 42, line 18, after 'application', insert ', and
| (b) | section (club premises certificate authorising supply of alcohol for consumption off the premises)(2) to (5)'. |
Mr Andrew Turner
352
Clause 72, page 42, line 25, at end insert—
'(3A) In subsection (3) "hearing" may, where the authority, the applicant and each person who has made representations agree, include exchange of written representations.'.
Mr Andrew Turner
353
Clause 72, page 42, line 25, at end insert—
'(3B) Where a person who has made representations has given notice that, for reasons of special circumstances including but not limited to language, disability or responsibility as a carer or as an employee, a hearing should be conducted other than in the normal manner for that authority, the licensing authority shall take reasonable steps to accommodate those special circumstances.'.
Dr Kim Howells
20
Clause 72, page 42, line 27, after second 'to', insert—
Dr Kim Howells
21
Clause 72, page 42, line 29, after 'objectives', insert ', and
| (ii) | section (club premises certificate authorising supply of alcohol for consumption off the premises)(2) to (5)'. |
Mr Malcolm Moss
Mr Mark Hoban
312
Clause 72, page 42, line 30, leave out 'qualifying club' and insert 'licensable'.
Dr Kim Howells
22
Clause 72, page 42, line 32, at end insert—
'( ) Subsections (2) and (3)(b) are subject to section (club premises certificate authorising supply of alcohol for consumption off the premises)(1) (certificate may authorise off-supplies only if it authorises on-supplies).'.
Mr Andrew Turner
358
Clause 72, page 43, line 10, at end add—
'(10) Nothing in this or the forgoing section shall require either an applicant to apply for or a licensing authority to determine a club premises certificate and a premises licence separately.
(11) The Secretary of State shall by regulations make such provisions as are necessary to enable an applicant to apply for or a licensing authority to determine a club premises certificate and a premises licence concurrently.'.
Mr Andrew Turner
359
Clause 73, page 43, line 12, at beginning insert 'Save as provided in subsection (3),'.
Mr Andrew Turner
360
Clause 73, page 43, line 17, at beginning insert 'Save as provided in subsection (3),'.
Mr Malcolm Moss
Mr Mark Hoban
321
Clause 73, page 43, line 22, at end add—
'(3) Where the rules of a club prohibit the sale by retail of alcohol on any premises by or on behalf of the club to, or to a guest of, an associate member of the club, no condition may be attached to a club premises certificate in respect of the sale by retail of alcohol on any premises by or on behalf of the club so as to permit the sale by retail of alcohol on any premises by or on behalf of the club to, or to a guest of, an associate member of the club.'.
Mr Andrew Turner
361
Clause 73, page 43, line 22, at end add—
'(3) "Guest" in this section shall not include anyone who has paid a member for introduction into the club.'.
Mr Andrew Turner
362
Clause 74, page 43, line 30, at end add 'or to protect children'.
Mr Malcolm Moss
Mr Mark Hoban
313
Page 43, line 23, leave out Clause 74.
Mr Andrew Turner
363
Clause 76, page 44, line 19, leave out 'those premises' and insert 'such parts of the premises as are used for the qualifying club activities'.
Mr Andrew Turner
368
Clause 76, page 44, line 22, at end add—
'(2A) Regulations under subsection (1) may not provide for the certificate to contain any reference to the rules of the club other than to those which substantially affect the conduct of qualifying club activities.'.
Mr Malcolm Moss
Mr Mark Hoban
331
Clause 77, page 44, line 34, leave out 'lost or'.
Mr Malcolm Moss
Mr Mark Hoban
332
Clause 77, page 44, line 34, leave out 'loss or'.
Mr Andrew Turner
369
Clause 80, page 45, line 23, after 'rules', insert '(where the alteration is to rules which substantially affect the conduct of qualifying club activities)'.
Mr Andrew Turner
365
Clause 80, page 45, line 24, leave out subsection (2).
Mr Andrew Turner
367
Clause 80, page 45, line 29, leave out ', or alteration of the rules,'.
Mr Andrew Turner
370
Clause 80, page 45, line 36, after 'or', insert '(subject to subsection (1))'.
Mr Andrew Turner
366
Clause 81, page 46, line 10, leave out subsection (3).
Mr Andrew Turner
354
Clause 82, page 46, line 27, at end insert—
'(1A) For the purpose of this section "variation of the certificate" includes applying for or applying to vary a premises licence in respect of the same premises.'.
Mr Andrew Turner
355
Clause 82, page 46, line 28, leave out 'Subsection (1) is' and insert 'Subsections (1) and (1A) are'.
Mr Andrew Turner
356
Clause 82, page 46, line 32, after 'certificate', insert '(and, where one is the subject of the application, the premises licence)'.
Mr Andrew Turner
357
Clause 82, page 46, line 33, at end insert 'or the licence, or both'.
Dr Kim Howells
23
Clause 83, page 47, line 28, at end insert—
'( ) Subsections (2) and (3) are subject to section (club premises certificate authorising supply of alcohol for consumption off the premises) (requirements to be met in respect of club premises certificate authorising supply of alcohol off the premises).'.
Mr Malcolm Moss
Mr Mark Hoban
333
Clause 85, page 48, line 25, at end insert 'with the written support of one twentieth of the membership of that club'.
Dr Kim Howells
24
Clause 86, page 49, line 42, at end insert—
'( ) Subsection (3) is subject to section (club premises certificate authorising supply of alcohol for consumption off the premises) (requirements to be met in respect of club premises certificate authorising supply of alcohol off the premises).'.
Mr Malcolm Moss
Mr Mark Hoban
334
Clause 86, page 49, line 44, leave out '(not exceeding three months)'.
Mr Malcolm Moss
Mr Mark Hoban
335
Clause 88, page 50, line 38, after 'authority', insert ', either as a result of a determination under section 86, or resulting from the licensing authority's own investigation involving a hearing, as under section 86(2),'.
Mr Malcolm Moss
Mr Mark Hoban
336
Clause 88, page 51, line 22, leave out 'month' and insert 'week'.
