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LORDS REASONS FOR DISAGREEING TO CERTAIN COMMONS AMENDMENTS,

LORDS AMENDMENT IN LIEU OF WORDS LEFT OUT OF THE BILL

BY A COMMONS AMENDMENT AND A

LORDS AMENDMENT IN LIEU OF A COMMONS AMENDMENT TO THE

LICENSING BILL [HL]

[The page and line refer to Bill 73 as first printed for the Commons.]

Clause 9

COMMONS AMENDMENT NO. 6

Page 5, line 41, leave out paragraph (d)

The Lords disagree to this Amendment for the following Reason

6A

Because the bill should make provision about the registration of prior and paramount

 

interests in registered premises.

Clause 28

COMMONS AMENDMENT NO. 15

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”

The Lords disagree to this Amendment for the following Reason

15A

Because the bill should make provision about the registration of prior and paramount

 

interests in registered premises.

Clause 33

COMMONS AMENDMENT NO. 16

Page 19, line 22, leave out subsections (6) and (7)

 
Bill 13153/2

 
 

    (  2  )

 
 

The Lords disagree to this Amendment for the following Reason

16A

Because the bill should make provision about the registration of prior and paramount

 

interests in registered premises.

Clause 47

COMMONS AMENDMENT NO. 20

Page 27, line 31, at end insert “or”

The Lords disagree to this Amendment for the following Reason

20A

Because the bill should make provision about the registration of prior and paramount

 

interests in registered premises.

 

COMMONS AMENDMENT NO. 21

 

Page 27, line 33, leave out from “practitioner” to end of line 35

 

The Lords disagree to this Amendment for the following Reason

21A

Because the bill should make provision about the registration of prior and paramount

 

interests in registered premises.

Clause 143

COMMONS AMENDMENT NO. 50

Leave out Clause 143

The Lords agree to this amendment with the following amendment in lieu of the words so

left out of the Bill

50A

Insert the following new Clause—

 

“Unaccompanied children prohibited from certain premises

 

     (1)    A person to whom subsection (3) applies commits an offence if—

 

           (a)           knowing that relevant premises are within subsection (4), he allows

 

an unaccompanied child to be on the premises at a time when they

 

are open for the purposes of being used for the supply of alcohol for

 

consumption there, or

 

           (b)           he allows an unaccompanied child to be on relevant premises at a

 

time between the hours of midnight and 5 a.m. when the premises

 

are open for the purposes of being used for the supply of alcohol for

 

consumption there.

 

     (2)    For the purposes of this section—

 

           (a)           “child” means an individual aged under 16,

 

           (b)           a child is unaccompanied if he is not in the company of an

 

individual aged 18 or over.


 
 

    (  3  )

 
 

     (3)    This subsection applies—

 

           (a)           to any person who works at the premises in a capacity, whether

 

paid or unpaid, which authorises him to request the

 

unaccompanied child to leave the premises,

 

           (b)           in the case of licensed premises, to—

 

                  (i)                 the holder of a premises licence in respect of the premises,

 

and

 

                  (ii)                the designated premises supervisor (if any) under such a

 

licence,

 

           (c)           in the case of premises in respect of which a club premises

 

certificate has effect, to any member or officer of the club which

 

holds the certificate who is present on the premises in a capacity

 

which enables him to make such a request, and

 

           (d)           in the case of premises which may be used for a permitted

 

temporary activity by virtue of Part 5, to the premises user in

 

relation to the temporary event notice in question.

 

     (4)    Relevant premises are within this subsection if—

 

           (a)           they are exclusively or primarily used for the supply of alcohol for

 

consumption on the premises, or

 

           (b)           they are open for the purposes of being used for the supply of

 

alcohol for consumption on the premises by virtue of Part 5

 

(permitted temporary activities) and, at the time the temporary

 

event notice in question has effect, they are exclusively or primarily

 

used for such supplies.

 

     (5)    No offence is committed under this section if the unaccompanied child is

 

on the premises solely for the purpose of passing to or from some other

 

place to or from which there is no other convenient means of access or

 

egress.

 

     (6)    Where a person is charged with an offence under this section by reason of

 

his own conduct it is a defence that—

 

           (a)           he believed that the unaccompanied child was aged 16 or over or

 

that an individual accompanying him was aged 18 or over, and

 

           (b)           either—

 

                  (i)                 he had taken all reasonable steps to establish the

 

individual’s age, or

 

                  (ii)                nobody could reasonably have suspected from the

 

individual’s appearance that he was aged under 16 or, as

 

the case may be, under 18.

 

     (7)    For the purposes of subsection (6), a person is treated as having taken all

 

reasonable steps to establish an individual’s age if—

 

           (a)           he asked the individual for evidence of his age, and

 

           (b)           the evidence would have convinced a reasonable person.

 

     (8)    Where a person (“the accused”) is charged with an offence under this

 

section by reason of the act or default of some other person, it is a defence

 

that the accused exercised all due diligence to avoid committing it.

 

     (9)    A person guilty of an offence under this section is liable on summary

 

conviction to a fine not exceeding level 3 on the standard scale.

 

     (10)   In this section “supply of alcohol” means—

 

           (a)           the sale by retail of alcohol, or


 
 

    (  4  )

 
 

           (b)           the supply of alcohol by or on behalf of a club to, or to the order of,

 

a member of the club.”

Schedule 1

COMMONS AMENDMENT NO. 62

Page 112, line 31, leave out paragraph 12

The Lords disagree to this amendment but propose the following amendment in lieu there­

of

62A

Page 112   , line 30, 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 11.30pm.

 

          (1)      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.

 

          (2)      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.”


 
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