Vote Bundle Text (930612-06)

Amendments proposed to the Licensing Bill [Lords], As Amended - continued	House of Commons

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Mr Malcolm Moss
Mr Mark Hoban

Page 160, line 10 [Schedule 8], leave out '(a) or (b)'.

Mr Mark Field
Mr Malcolm Moss

139

Page 160, line 11 [Schedule 8], leave out 'two' and insert 'four'.

Mr Malcolm Moss
Mr Mark Hoban

Page 162, line 13 [Schedule 8], leave out from 'must' to end of line 15 and insert 'grant a premises licence and the preceding provisions of this Schedule shall have effect as if the application were for conversion of an existing justices' licence'.

Secretary Tessa Jowell

102

Page 163, line 25 [Schedule 8], leave out from 'copy' to 'unless' in line 26.

Mr Mark Field
Mr Malcolm Moss

140

Page 164, line 23 [Schedule 8], leave out 'two' and insert 'four'.

Secretary Tessa Jowell

103

Page 165, line 9 [Schedule 8], after '72' insert ', [mandatory condition in certificates: exhibition of films]'.

Secretary Tessa Jowell

104

Page 165, line 13 [Schedule 8], after '72' insert ', [mandatory condition in certificates: exhibition of films]'.

Mr Mark Field
Mr Malcolm Moss

141

Page 165, line 33 [Schedule 8], leave out 'two' and insert 'four'.

Mr Malcolm Moss
Mr Mark Hoban

Page 166, line 25 [Schedule 8], after 'licence', insert ', or a person who, within the last 12 months prior to the appointed day, has held a justices' licence which has not been subsequently revoked,'.

Mr Malcolm Moss
Mr Mark Hoban

Page 167, line 39 [Schedule 8], after 'licence', insert 'or is a person who, within the last 12 months prior to the appointed day, has held a justices' licence which has not been subsequently revoked,'.

NEW CLAUSES

Mandatory condition in licences: exhibition of films

Secretary Tessa Jowell

NC2

To move the following Clause:—

'(1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

(2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

(3) Where—

(a)	the film classification body is not specified in the licence, or

(b)	the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

admission of children must be restricted in accordance with any recommendation made by that licensing authority.

(4) In this section—

"children" means persons aged under 18; and"film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).'.

Mandatory condition in certificates: exhibition of films

Secretary Tessa Jowell

NC3

To move the following Clause:—

'(1) Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

(2) Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

(3) Where—

(a)	the film classification body is not specified in the certificate, or

(b)	the relevant licensing authority has notified the club which holds the certificate that this subsection applies to the film in question,

admission of children must be restricted in accordance with any recommendation made by that licensing authority.

(4) In this section—

Revocation of registration of designated premises supervisor

Mr Malcolm Moss
Mr Mark Hoban

NC 1

To move the following Clause:—

'(1) Where a chief officer of police is satisfied that the exceptional circumstances of the case are such that permitting the person so identified in a notice given under section 15(1A) would undermine the crime prevention objective, he may within 14 days of receiving such notice apply to the relevant licensing authority for the revocation of the registration of that person as the designated premises supervisor.

(2) Where a notice is given under the previous subsection (and not withdrawn), the authority must—

(a)	hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessry and,

(b)	having regard to the notice, grant the application for revocation if it considers it necessary for the promotion of the crime prevention objective to do so.

(3) Where registration under section 15 is revoked, the relevant licensing authority must give notice to that effect to—

(a)	the person who was so registered,

(b)	the holder of the premises licence, and

(c)	the chief officer of police for the police area (or each police area) in which the premises are situated.

(4) Where a chief officer of police gave notice under subsection (1) (and it was not withdrawn), the notice under the preceding subsection must state the authority's reasons for granting or rejecting the application for revocation of the registration.'.

Relaxation of opening hours for local occasions

Mr Andrew Turner

NC4

To move the following Clause:—

'(1) Where the licensing authority considers that a period (the "celebration period") marks an occasion of exceptional local significance, it may make a local licensing hours order.

(2) A local licensing hours order is an order which provides that during the specified relaxation period premises licences and club premises certificates have effect (to the extent that it is not already the case) as if specified times were included in the opening hours.

(3) An order under this section may—

(a)	make provision only in relation to premises in specified areas within the area of the licensing authority;

(b)	make different provision in respect of different days during the specified relaxation period;

(c)	make different provision in respect of different licensable activities.

(4) Before making an order under this section, the licensing authority shall consult such categories of persons as the Secretary of State may prescribe.

(5) In this section—

"opening hours" means—

(a)	in relation to a premises licence, the time during which the premises may be used for licensable activities in accordance with the licence; and

(b)	in relation to a club premises certificate, the time during which the premises may be used for qualifying club activities in accordance with the certificate;

"relaxation period" means—

(a)	if the celebration period does not exceed four days, that period, or

(b)	any part of that period not exceeding four days; and

"specified", in relation to a licensing hours order, means specified in the order.

(6) No licensing authority may make orders exceeding in aggregate duration four days in any twelve month period.'.

Power to prohibit sale of alcohol on vessels

Mr Malcolm Moss
Mr Mark Hoban

NC5

To move the following Clause:—

'(1) A magistrates' court acting for a petty sessions area may make an order prohibiting the sale of alcohol on any vessel.

(2) A magistrates' court may make an order under this section only on the application of a senior police officer.

(3) A magistrates' court may not make such an order unless it is satisfied that such an order is necessary to prevent disorder, or to ensure public safety.

(4) When an order is made under this section, the responsible senior police officer must, forthwith, serve a copy of the order on the vessel operator affected by the order.

(5) A person commits an offence if he knowingly—

(a)	sells or attempts to sell alcohol in contravention of an order under this section, or

(b)	allows the sale of alcohol in contravention of such an order.

(6) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000, or both.'.

Requirement to keep a central register

Mr Malcolm Moss
Mr Mark Hoban

NC6

To move the following Clause:—

'(1) The Secretary of State must by regulations establish a central register containing for each licensing authority the information required of each of them under section 8(1).

(2) Such a central register is to be established within one year of the second appointed day.

(3) Regulations may require a register kept under this section to be in a prescribed form and kept in a prescribed manner.

(4) If requested to do so by any person, a copy of information contained in any entry in the central register shall be supplied to him in legible form.

(5) The Secretary of State may require licensing authorities to participate in and contribute towards the cost of arrangements made under subsection (1).'.