Amendment Paper as at
Tuesday 24th June 2003
CONSIDERATION OF LORDS AMENDMENTS
New Amendments handed in are marked thus *
LICENSING BILL [LORDS]
On Consideration of Lords Amendments to the Licensing Bill
Commons Amendment No. 6
Secretary Tessa Jowell
*To move, That this House does not insist on its Amendment No. 6 to which the Lords have disagreed.
Commons Amendment No. 15
Secretary Tessa Jowell
*To move, That this House does not insist on its Amendment No. 15 to which the Lords have disagreed.
Commons Amendment No. 16
Secretary Tessa Jowell
*To move, That this House does not insist on its Amendment No. 16 to which the Lords have disagreed.
Commons Amendment No. 20
Secretary Tessa Jowell
*To move, That this House does not insist on its Amendment No. 20 to which the Lords have disagreed.
Commons Amendment No. 21
Secretary Tessa Jowell
*To move That this House does not insist on its Amendment No. 21 to which the Lords have disagreed.
Secretary Tessa Jowell
To move, the following Amendments to the Bill in lieu of that Amendment:—
(a)
*Page 5, line 41, leave out paragraph (d).
Secretary Tessa Jowell
(b)
*Page 16, line 17, leave out from 'he' to end of line 21 and insert 'may give the relevant licensing authority a notice to that effect'.
Secretary Tessa Jowell
(c)
*Page 19, line 22, leave out subsections (6) and (7).
Secretary Tessa Jowell
(d)
*Page 27, line 31, at end insert 'or'.
Secretary Tessa Jowell
(e)
*Page 27, line 33, leave out from 'practitioner' to end of line 35.
Secretary Tessa Jowell
(f)
*Page 85, line 24, leave out 'or'.
Secretary Tessa Jowell
(g)
*Page 85, line 25, at end insert ', or
| (e) | a notice within section [Right of freeholder etc to be notified of licensing matters](1) (notice by freeholder etc conferring right to be notified of changes to licensing register)'. |
Secretary Tessa Jowell
(h)
*Page 97, line 35, at end insert—
'Rights of freeholders etc.
Right of freeholder etc. to be notified of licensing matters
(1) This section applies where—
| (a) | a person with a property interest in any premises situated in the area of a licensing authority gives notice of his interest to that authority, and |
| (b) | the notice is in the prescribed form and accompanied by the prescribed fee. |
(2) The notice has effect for a period of 12 months beginning with the day it is received by the licensing authority.
(3) If a change relating to the premises to which the notice relates is made to the register at a time when the notice has effect, the licensing authority must forthwith notify the person who gave the notice—
| (a) | of the application, notice or other matter to which the change relates, and |
| (b) | of his right under section 9 to request a copy of the information contained in any entry in the register. |
(4) For the purposes of this section a person has a property interest in premises if—
| (a) | he has a legal interest in the premises as freeholder or leaseholder, |
| (b) | he is a legal mortgagee (within the meaning of the Law of Property Act 1925 (c.20)) in respect of the premises, |
| (c) | he is in occupation of the premises, or |
| (d) | he has a prescribed interest in the premises. |
(5) In this section—
| (a) | a reference to premises situated in the area of a licensing authority includes a reference to premises partly so situated, and |
| (b) | "register" means the register kept under section 9 by the licensing authority mentioned in subsection (1)(a).'. |
Commons Amendment No. 50
Secretary Tessa Jowell
*To move, That this House agrees with the Lords in their Amendment No. 50A.
Secretary Tessa Jowell
Commons Amendment No. 62
Secretary Tessa Jowell
*To move, That this House insists on its Amendment No. 62 to which the Lords have disagreed and disagrees to the Amendment (No. 62A) proposed by the Lords in lieu of that Amendment.
Secretary Tessa Jowell
To move, the following Amendment to the Bill in lieu of the Amendment (No. 62A) proposed by the Lords:—
(a)
*Page 97, line 35, at end insert—
| | 'Special provision for pubs etc. |
Dancing and live music in pubs etc. (1) This section applies where—
| (a) | a premises licence authorises— |
| (i) | the supply of alcohol for consumption on the premises, and |
| (ii) | music entertainment, and |
| (i) | are used primarily for the supply of alcohol for consumption on the premises, and |
| (ii) | have a permitted capacity of not more than 200 persons. |
(2) At any time when the premises—
| (a) | are open for the purposes of being used for the supply of alcohol for consumption on the premises, and |
| (b) | are being used for music entertainment, |
any condition of the premises licence which relates only to the music entertainment, and is imposed by virtue of section 19(3)(b), 35(3)(b), 52(3) or 166(5)(b), does not have effect unless it falls within subsection (3) or (4).
(3) A condition falls within this subsection if the premises licence specifies that the licensing authority which granted the licence considers the imposition of the condition necessary on one or both of the following grounds—
| (a) | the prevention of crime and disorder, |
(4) A condition falls within this subsection if, on a review of the premises licence,—
| (a) | it is altered so as to include a statement that this section does not apply to it, or |
| (b) | it is added to the licence and includes such a statement. |
(5) This section applies in relation to a club premises certificate as it applies in relation to a premises licence and, in the application of this section to such a certificate, the reference in subsection (2) to section 19(3)(b), 35(3)(b), 52(3) or 166(5)(b) is to be read as a reference to section 72(3)(b), 83(3)(b) or 86(3).
(6) In this section—
"music entertainment" means—
the provision of entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(e) or (g) of Schedule 1, or
the provision of entertainment facilities falling within paragraph 3 of that Schedule,
in circumstances where the conditions in paragraph 1(2) and (3) of that Schedule are satisfied;
"permitted capacity", in relation to any premises, means—
where a fire certificate issued under the Fire Precautions Act 1971 (c.40) is in force in respect of the premises and that certificate imposes a requirement under section 6(2)(d) of that Act, the limit on the number of persons who, in accordance with that requirement, may be on the premises at any one time, and
in any other case, the limit on the number of persons who may be on the premises at any one time in accordance with a recommendation made by, or on behalf of, the fire authority for the area in which the premises are situated (or, if the premises are situated in the area of more than one fire authority, those authorities); and
"supply of alcohol" means—
the sale by retail of alcohol, or
the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.'.
LICENSING BILL [LORDS] (PROGRAMME) (NO. 3)
Secretary Tessa Jowell
Peter Hain
That the following provisions shall apply to the Licensing Bill [Lords] for the purpose of supplementing the Orders of 24th March 2003 and 16th June 2003.
Consideration of Lords Message
1. Proceedings on consideration of the Lords Message shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.
2. Those proceedings shall be taken in the following order, namely, the Lords Amendment in lieu of Commons Amendment No. 62, the Lords Reasons for disagreeing to Commons Amendments Nos. 6, 15, 16, 20 and 21 and the Lords Amendment in lieu of words left out of the Bill by Commons Amendment No. 50.
Subsequent stages
3. Any further message from the Lords may be considered forthwith without any Question put.
4. Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.
