S.C.D.
Amendment Paper as at
Thursday 8th 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].
Mr Malcolm Moss
Mr Mark Hoban
339
Clause 96, page 55, line 6, at end insert—
'(5) The fourth condition is that the premises are not covered by an existing premises licence or club premises certificate.'.
Mr Malcolm Moss
Mr Mark Hoban
236
Clause 97, page 55, line 11, leave out 'each of those authorities' and insert 'whichever of the authorities is agreed by those authorities unanimously to be the relevant authority, or if no such agreement is reached—
| (i) | the licensing authority in whose area the greater or greatest part of the premises is situated, or |
| (ii) | if there is no authority to which paragraph (i) applies, such one of those authorities as is nominated in accordance with subsection (2)'. |
Mr Malcolm Moss
Mr Mark Hoban
301
Clause 97, page 55, line 11, at end insert—
'(2) In a case within subsection (1)(b)(ii) the individual giving the temporary event notice under section 98 must nominate one of the licensing authorities as the relevant licensing authority in relation to the notice.'.
Mr Andrew Turner
417
Clause 98, page 55, line 15, after 'not', insert '(save as in subsection (9)'.
Mr Malcolm Moss
Mr Mark Hoban
237A
Clause 98, page 55, line 15, leave out '72' and insert '96'.
Nick Harvey
380
Clause 98, page 55, line 15, leave out '72' and insert '120'.
Mr Malcolm Moss
Mr Mark Hoban
371
Clause 98, page 55, line 16, at end insert 'in duplicate'.
Mr Malcolm Moss
Mr Mark Hoban
345
Clause 98, page 55, line 19, leave out '18' and insert '25'.
Mr Malcolm Moss
Mr Mark Hoban
383
Clause 98, page 55, line 28, at end insert 'except where the licensable activities involve folk music or folk dance performed in the vicinity of the premises in the open air,'.
Mr Malcolm Moss
Mr Mark Hoban
378
Clause 98, page 55, line 29, leave out '72' and insert '96'.
Nick Harvey
381
Clause 98, page 55, line 29, leave out '72' and insert '120'.
Mr Malcolm Moss
Mr Mark Hoban
340
Clause 98, page 55, line 33, leave out '(being a number less than 500)'.
Mr Andrew Turner
420
Clause 98, page 55, line 38, after 'both,', insert—
| '(ee) | the name and address of the person having a controlling interest in the premises ("the owner"), if that person is not the premises user, along with a statement of the owner's agreement to the temporary event notice.'. |
Mr Malcolm Moss
Mr Mark Hoban
341
Clause 98, page 56, line 5, at end insert—
'(7A) Regulations may prescribe the fee referred to in subsection (7).'.
Mr Andrew Turner
418
Clause 98, page 56, line 9, at end insert—
'(9) Notwithstanding the provisions of subsection (1) of this section, where the licensable activities are incidental to a non-licensable activity conducted by the individual, the duration of the licensable activity may exceed 72 hours but may not exceed fourteen days.'.
Mr Malcolm Moss
Mr Mark Hoban
213
Clause 98, page 56, line 9, at end insert—
'(9) Where it is proposed to use premises which are licensed for entertainment in accordance with paragraph 2(1) of Schedule 1 for the sale of alcohol at a function held by an organisation or branch in connection with the organisation's activities during a period not exceeding 24 hours an individual who is an officer of the relevant organisation may give a temporary event notice to the relevant licensing authority.
(10) In subsection (9) "organisation" means any society, club, institution, association of persons or organisation not carried on for purposes of private gain.'.
Mr Malcolm Moss
Mr Mark Hoban
342
Clause 99, page 56, line 32, leave out 'the whole or'.
Mr Andrew Turner
419
Clause 99, page 56, line 33, leave out 'any part' and insert 'the majority, as measured by area,'.
Mr Malcolm Moss
Mr Mark Hoban
384
Clause 99, page 56, line 41, after 'person', insert—
| '( ) | an acquaintance, colleague or friend of that person'. |
Mr Malcolm Moss
Mr Mark Hoban
385
Clause 100, page 57, line 5, leave out 'first' and insert 'second'.
Mr Malcolm Moss
Mr Mark Hoban
386
Clause 100, page 57, line 8, leave out 'second' and insert 'third'.
Mr Malcolm Moss
Mr Mark Hoban
372
Clause 101, page 57, line 18, at end insert 'or by the end of the last working day of the working week if the event period occurs at a weekend or during a period of public holidays'.
Mr Malcolm Moss
Mr Mark Hoban
346
Clause 102, page 57, line 24, leave out 'ten' and insert 'fifteen'.
Mr Andrew Turner
421
Clause 102, page 57, line 31, at end insert—
'(2A) Where a chief officer of police who receives a premises notice under subsection (1) is not able to visit the premises because no reasonable time has been agreed by the premises user, he must give an objection notice stating that the premises have not been visited and why.'.
Mr Malcolm Moss
Mr Mark Hoban
347
Clause 102, page 57, line 32, leave out '48' and insert '72'.
Mr Malcolm Moss
Mr Mark Hoban
348
Clause 102, page 57, line 41, leave out 'each' and insert 'either (or any)'.
Mr Malcolm Moss
Mr Mark Hoban
343
Clause 103, page 58, line 10, leave out 'crime prevention objective' and insert 'licensing objectives'.
Mr Malcolm Moss
Mr Mark Hoban
373
Clause 103, page 58, line 21, leave out '24' and insert '48'.
Mr Malcolm Moss
Mr Mark Hoban
374
Clause 103, page 58, line 25, leave out 'those authorities jointly' and insert 'either of those authorities'.
Mr Malcolm Moss
Mr Mark Hoban
375
Clause 104, page 59, line 12, after 'police', insert 'who received the notice under section 102(1)'.
Mr Malcolm Moss
Mr Mark Hoban
376
Clause 104, page 59, line 12, leave out from 'section' to end of line 14.
Mr Malcolm Moss
Mr Mark Hoban
219A
Clause 105, page 59, line 23, leave out 'or (4)' and insert ', (4), (4A), (4B) or (5A)'.
Mr Malcolm Moss
Mr Mark Hoban
344
Clause 105, page 59, line 28, leave out '50' and insert '25'.
Nick Harvey
382
Clause 105, page 59, line 28, leave out '50' and insert 'ten'.
Jim Knight
Mr Malcolm Moss
Mr Mark Hoban
326
Clause 105, page 59, line 33, leave out 'five' and insert 'twelve'.
Mr Malcolm Moss
Mr Mark Hoban
214
Clause 105, page 59, line 34, at end insert ', except where these notices are in accordance with section 98(9), when subsection (4A) shall apply.'.
Jim Knight
Mr Malcolm Moss
Mr Mark Hoban
327
Clause 105, page 59, line 35, leave out 'five' and insert 'twelve'.
Mr Malcolm Moss
Mr Mark Hoban
215
Clause 105, page 59, line 40, at end insert ', except where these notices are in accordance with section 98(9), when subsection (4A) shall apply.'.
Mr Malcolm Moss
Mr Mark Hoban
217
Clause 105, page 59, line 40, at end insert 'except where these notices are in accordance with subsection (5A).'.
Mr Malcolm Moss
Mr Mark Hoban
216
Clause 105, page 59, line 40, at end insert—
'(4A) This subsection applies if at least twelve temporary event notices for the sale of alcohol have already been given in the licensing area in any period of twelve months in respect of functions held by the same organisation or branch in accordance with section 98(9).'.
