S.C.D.
Amendment Paper as at
Tuesday 20th May 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].
Nick Harvey
Mr Adrian Sanders
266
Clause 175, page 97, line 14, leave out from 'classes)' to end of line 16.
Mr Andrew Turner
325
Clause 175, page 97, line 16, at end insert, '(save where the premises would be the only premises so authorised within (in the opinion of the licensing authority) reasonable walking distance of a settlement).'.
Mr Malcolm Moss
489
Clause 175, page 97, line 16, at end insert ', except where the garage combines the functions set out in subsection (4)(c) with those of a retail outlet offering a range of supermarket goods'.
Nick Harvey
Mr Adrian Sanders
267
Clause 175, page 97, line 24, at end insert 'and'.
Nick Harvey
Mr Adrian Sanders
268
Clause 175, page 97, line 29, leave out from 'class' to end of line 35.
Mr Malcolm Moss
Mr Mark Hoban
270
Clause 176, page 97, line 39, after 'be,', insert 'unlawfully'.
Mr Malcolm Moss
Mr Mark Hoban
271
Clause 176, page 97, line 43, after 'requested', insert 'and so often as reasonably required'.
Mr Malcolm Moss
Mr Mark Hoban
272
Clause 176, page 98, line 1, after 'person', insert 'who, whether so requested or not, has produced such evidence as is referred to in subsection (2) and is'.
Mr Malcolm Moss
Mr Mark Hoban
273
Clause 176, page 98, line 3, after 'if', insert 'he knows that a person is an authorised person, and that authorised person has produced to him such evidence as is referred to in subsection (2), and'.
Mr Malcolm Moss
Mr Mark Hoban
274
Clause 176, page 98, line 3, leave out second 'an' and insert 'that'.
Mr Malcolm Moss
Mr Mark Hoban
157
Schedule 5, page 119, line 35, leave out sub-paragraph (c).
Mr Malcolm Moss
Mr Mark Hoban
158
Schedule 5, page 121, line 1, leave out paragraph 5 and insert—
'Revocation of registration of designated premises supervisor
| 5 | (1) | This paragraph applies where an application to revoke registration of a designated premises supervisor in respect of a premises is refused under section (Registration of designated premises supervisor) in a case where a chief officer of police gave a notice of objection under subsection (1) of that section (which was not withdrawn). |
(2) The chief officer of police may appeal against the decision not to revoke the registration.
(3) Where registration of a designated premises supervisor is revoked, the applicant may appeal against that decision.'.
Mr Malcolm Moss
Mr Mark Hoban
264
Schedule 5, page 122, line 14, at end insert—
'( ) A licensing appeal will be heard by a panel of justices elected by the bench at their annual general meeting, whose task will be to hear all matters of appellate jurisdiction.'.
Mr Malcolm Moss
Mr Mark Hoban
320
Schedule 5, page 122, line 25, at end insert—
'Determination that a club is established and conducted in good faith
9A Where under section 63(3) it is determined that a club is not established and conducted in good faith, an appeal may be made to local magistrates.'.
Mr Mark Field
423
Clause 186, page 102, line 35, at end insert—
'(1A) Without prejudice to the generality of subsection (1) above, a vessel usually lying in inland waters which are within a port health district shall be licensed by the port health authority for that district as constituted under sections 2 and 7 of the Public Health (Control of Disease) Act 1984 as if the port health authority were a licensing authority under section 3 of this Act.'.
Mr Andrew Turner
406
Clause 186, page 103, line 8, leave out 'vessel,'.
Mr Malcolm Moss
Mr Mark Hoban
223
Clause 187, page 103, line 16, leave out 'alcohol is appropriated to the contract' and insert 'contract is made'.
Mr Malcolm Moss
Mr Mark Hoban
477
Clause 188, page 103, line 42, leave out '42' and insert '30'.
Mr Malcolm Moss
Mr Mark Hoban
429
Clause 190, page 104, line 30, after 'effect', insert ', and includes the area within the curtilage of those premises'.
Mr Mark Field
424
Clause 190, page 104, line 33, at end insert—
'"port health district" has the same meaning as in the Public Health (Control of Disease) Act 1984 and includes the London port health district;'.
Mr Andrew Turner
491
Clause 190, page 104, line 36, at end insert—
'"protection of children from harm" includes protection from harm to the aural system caused by excessive noise;'.
Mr Malcolm Moss
Mr Mark Hoban
210
Clause 194, page 107, line 34, at end insert—
| '(aa) | regulations under section 90'. |
Mr Malcolm Moss
Mr Mark Hoban
211
Clause 194, page 108, line 3, after 'containing', insert 'regulations within subsection (3)(aa) or'.
Dr Kim Howells
32
Clause 198, page 108, line 33, leave out subsection (6).
Mr Mark Field
Mr Malcolm Moss
129
Schedule 6, page 141, line 27, leave out sub-paragraph (3) and insert—
'(3) In paragraph 3A (exemption for certain entertainment premises from provisions relating to sex encounter establishments) paragraph (i) is repealed.'.
Mr Malcolm Moss
Mr Mark Hoban
265
Schedule 8, page 156, line 28, at end insert 'and the day so specified shall be no earlier than the date on which expires the period of nine months beginning with the date on which section 5 of this Act comes into force.'.
Mr Malcolm Moss
Mr Mark Hoban
297
Schedule 8, page 156, line 44, leave out sub-sub-paragraph (a).
Mr Malcolm Moss
Mr Mark Hoban
298
Schedule 8, page 156, line 45, after second 'to', insert 'existing'.
Mr Malcolm Moss
Mr Mark Hoban
224
Schedule 8, page 157, line 16, leave out first 'the' to end and insert 'applicant for a premises licence has served a copy of the notice of application on the last known address of the existing licensee or licensees.'.
Mr Malcolm Moss
Mr Mark Hoban
315
Schedule 8, page 157, line 16, at end insert 'or
| (c) | it is made by or on behalf of a person having an interest in the premises registered under section 32(1) or (2) of the Licensing Act 1964, who shall produce written evidence of such registration.'. |
Mr Malcolm Moss
Mr Mark Hoban
159
Schedule 8, page 157, line 20, leave out sub-sub-paragraph (b).
Mr Malcolm Moss
Mr Mark Hoban
160
Schedule 8, page 157, line 36, leave out sub-sub-paragraph (d).
Mr Mark Field
Nick Harvey
322
Schedule 8, page 160, line 21, at end insert—
| '( ) | the purposes embodied in those undertakings of a permanent nature relating to the licensing objectives which have been offered by the licensee and which attach to the relevant existing licence,'. |
Mr Mark Field
323
Schedule 8, page 160, line 24, after 'the', insert 'permanent undertakings and'.
Mr Malcolm Moss
Mr Mark Hoban
161
Schedule 8, page 160, line 26, leave out sub-paragraph (7).
Mr Malcolm Moss
Mr Mark Hoban
162
Schedule 8, page 161, line 1, leave out subsection (a).
Mr Malcolm Moss
Mr Mark Hoban
163
Schedule 8, page 161, line 4, leave out 'other'.
Mr Malcolm Moss
Mr Mark Hoban
164
Schedule 8, page 161, line 5, leave out 'an application within paragraph (a) or (b)' and insert 'such an application'.
Mr Malcolm Moss
Mr Mark Hoban
165
Schedule 8, page 161, line 7, leave out '(a) or (b)'.
