Amendment Paper as at
Monday 16th June 2003
CONSIDERATION OF BILL
LICENSING BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Licensing Bill [Lords] Programme (No. 2).
Mr Malcolm Moss
Mr Mark Hoban
108
Page 1, line 8 [Clause 1], after 'entertainment,' insert 'except where that entertainment is a performance of live music and/or dance under the small events exemptions in Schedule 1,'.
Mr Malcolm Moss
Mr Mark Hoban
162
Page 109, line 31 [Schedule 1], at end insert 'for the entertainment or entertainment facilities'.
Mr Malcolm Moss
Mr Mark Hoban
163
Page 110, line 14 [Schedule 1], at end insert—
'( ) For the purposes of sub-paragraph (4)(a), a person concerned in the organisation or management of entertainment facilities is not concerned in the organisation and management of the entertainment within paragraph 3(2) by reason only—
| (a) | that he makes available the entertainment facilities or the premises on which the entertainment facilities are provided, or |
| (b) | that during the entertainment he continues to organise or manage the premises on which entertainment facilities are provided.'. |
Mr Andrew Turner
Mr Malcolm Moss
133
Page 110, line 19 [Schedule 1], at end insert 'or (subject to paragraph 11A) an outdoor sporting event.'
Julia Drown
Valerie Davey
Mr David Hinchliffe
Mr David Drew
Dr Doug Naysmith
Diana Organ
159
Page 110, line 20 [Schedule 1], at end insert—
'( ) motocross entertainment,'.
Mr Malcolm Moss
Mr Mark Hoban
64
Page 111, line 27 [Schedule 1], leave out from '2' to end of line 28 and insert—
'(2) For the purposes of sub-paragraph (1), the performance of live music or the playing of recorded music shall not be regarded as anything other than incidental to some other activity, merely because it has been advertised.'.
Mr Bob Blizzard
161
Page 111, line 28 [Schedule 1], at end insert—
'Performance of live music indoors
7A (1) The provision of entertainment consisting of the performance of live music indoors is not to be regarded as the provision of regulated entertainment for the purposes of this Act if—
| (a) | it takes place wholly inside a building, |
| (b) | the audience present at the event is accommodated wholly inside that building, and |
| (c) | the size of the audience and the noise resulting from the event do not exceed the prescribed limits. |
(2) The Secretary of State shall by order prescribe the limits referred to in sub-paragraph (1)(c).'.
Mr Andrew Turner
Mr Malcolm Moss
132
Page 111, line 32 [Schedule 1], after 'that', insert—
| '(a) | such entertainment is inaudible outside the premises, and |
(b)'.
Mr Malcolm Moss
Mr Mark Hoban
Mr Andrew Turner
109
Page 112, line 2 [Schedule 1], at end insert—
'Educational establishments
9A The provision of any entertainment or entertainment facilities in the premises of an educational establishment for the purposes directly connected to the activities of the establishment is not to be regarded as the provision of regulated entertainment for the purposes of this Act.'.
Mr Malcolm Moss
Mr Mark Hoban
63
Page 112, line 18 [Schedule 1], at end insert—
'Small events—live music
(1) The provision of entertainment consisting of the performance of live music is not to be regarded as the provision of regulated entertainment for the purposes of this Act where—
| (a) | the number of listeners or spectators present does not exceed 200 at any one time, and |
| (b) | the entertainment ceases no later than 11.30 pm. |
(2) The provision of entertainment facilities solely for the purposes of entertainment described in sub-paragraph (1) is not to be regarded as the provision of regulated entertainment for the purposes of this Act.
(3) Nothing in this paragraph shall be read as rendering invalid or otherwise affecting any provision of, or any regulation made under, any other legislation that applies to the entertainment, the entertainment facilities or the premises on which the entertainment is to take place.'.
Andrew Bennett
Mr Andrew Turner
105
Page 112, line 18 [Schedule 1], at end insert—
| | | 'Traditional folk performances |
The provision of entertainment consisting of pace-egging, mumming, morris dancing, souling or other traditional folk performances of a similar character is not to be regarded as the provision of regulated entertainment for the purposes of this Act.'.
Mr Andrew Turner
Mr Malcolm Moss
134
Page 112, line 18 [Schedule 1], at end insert—
'Outdoor sporting events
11A The provision of an outdoor sporting event is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that—
| (a) | it is licensed under other legislation, or |
| (b) | it has taken place substantially to the same or greater extent on the same premises and on the same or more days in three of the five years before the coming into force of this Schedule'. |
Mr Andrew Turner
160
Page 112, line 18 [Schedule 1], at end insert—
'Small events — dance and plays
The provision of entertainment consisting of the performance of dance or plays is not to be regarded as the provision of regulated entertainment for the purposes for this Act where—
| (a) | the performance takes place in the open air; and |
| (b) | the performance ends before 11.30 p.m.; and either |
| (c) | the number of persons performing does not at any time exceed twenty-four, or |
| (d) | the number of listeners or audience does not exceed 200.'. |
Mr Malcolm Moss
Mr Mark Hoban
62
Page 113, line 19 [Schedule 1], at end insert—
'(2) The "performance of live music" means a performance of any musical composition, whether involving improvisation or not,—
| (a) | which is given wholly or in part by one or more persons actually present and performing, and |
| (b) | in which the whole or a major proportion of what is done by the person or persons performing is either singing, or the playing of a musical instrument, or both.'. |
Mr Mark Field
Mr Malcolm Moss
142
Page 3, line 11 [Clause 4], leave out 'public'.
Mr Malcolm Moss
Mr Mark Field
116
Page 3, line 11 [Clause 4], leave out 'and'.
Mr Malcolm Moss
Mr Mark Field
Mr Andrew Turner
117
Page 3, line 12 [Clause 4], at end insert 'and
| (e) | the prevention of substantial diminution in the residential amenity of those living in the vicinity of licensed premises.'. |
Christine Russell
Andrew Bennett
Chris Mole
Mr Clive Betts
Mr David Clelland
Mr Andrew Turner
106
Page 3, line 16 [Clause 4], at end insert—
'(4) In carrying out its licensing functions, a licensing authority may—
| (a) | have regard to the sworn evidence of local residents about the likely effect of the issuing of any premises licence; |
| (b) | specify, in respect of any designated area, an hour after which the relevant licensable activities may not take place; |
| (c) | refuse any application for a premises licence in a designated area if it considers that that area cannot reasonably accommodate a significant increase in the number of people frequenting that area at times of day which are relevant to licensable activities.'. |
Alan Simpson
Mr Robert Marshall-Andrews
David Taylor
Mr Robert N. Wareing
John McDonnell
Alice Mahon
118
Page 3, line 16 [Clause 4], at end insert—
'(4) In promoting the licensing objectives, a licensing authority may refuse any application for a premises licence in a designated area if it considers that that area cannot reasonably accommodate a significant increase in the number of people frequenting that area at times of day which are relevant to licensable activities.'.
Mr Malcolm Moss
Mr Mark Hoban
Mr Andrew Turner
114
Page 5, line 17 [Clause 8], after '3,', insert—
'( ) the name and address of any person who has an interest in the premises either as an owner or lessee,'.
Mr Malcolm Moss
Mr Mark Hoban
115
Page 5 [Clause 8], leave out lines 28 to 32.
Christine Russell
Andrew Bennett
Chris Mole
Mr Clive Betts
Mr David Clelland
Mr Andrew Turner
107
Page 8, line 19 [Clause 13], leave out 'persons who live in that vicinity' and insert 'local residents'.
