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House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

LORDS AMENDMENTS TO A COMMONS AMENDMENT AND
LORDS AMENDMENT IN LIEU OF WORDS LEFT OUT OF THE BILL
BY A COMMONS AMENDMENT to the
licensing bill [hl]
[The page and line refer to Bill 73 as first printed for the Commons.]
Schedule 1
COMMONS AMENDMENT NO. 62
62
Page 112, line 31, leave out paragraph 12

LORDS AMENDMENT IN LIEU

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.”

Bill 142 53/2

    (  2  )

COMMONS INSISTENCE AND AMENDMENT IN LIEU

The Commons insist on their Amendment No. 62 to which the Lords have disagreed, and

disagree to the Lords Amendment (No. 62A) proposed in lieu of that Amendment, but pro

pose the following Amendment to the Bill in lieu of Amendment No.62A—
62B
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

           (b)           the premises—

                  (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,

           (b)           public safety.

     (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

    (  3  )

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—

                  (a)                 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

                  (b)                 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—

                  (a)                 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

                  (b)                 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—

                  (a)                 the sale by retail of alcohol, or

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

order of, a member of the club.”

LORDS AMENDMENTS
The Lords do not insist on their disagreement with the Commons in their Amendment No.

62 and they do not insist on their Amendment No. 62A, but do propose Amendment 62L

in lieu of the words left out of the Bill by Amendment No. 62, and do agree with the

Commons in their Amendment No. 62B, but do propose Amendments 62C to 62J to that

Amendment—
62C
Line 4, leave out ‘This section’ and substitute ‘Subsection (2)’
62D
Line 7, after ‘(ii)’ insert ‘the provision of’
62E
Line 12, leave out from ‘when’ to end of line 18 and insert—

           ’(a)          the premises—

                  (i)                 are open for the purposes of being used for the supply of

alcohol for consumption on the premises, and

                  (ii)                are being used for the provision of music entertainment,

and

           (b)           subsection (2B) does not apply,

  any licensing authority imposed condition of the premises licence which relates to

the provision of music entertainment does not have effect, in relation to the

provision of that entertainment, unless it falls within subsection (3) or (4).

    (  4  )

     (2A)   Subsection (2B) applies where—

           (a)           a premises licence authorises the provision of music entertainment,

and

           (b)           the premises have a permitted capacity of not more than 200

persons.

     (2B)   At any time between the hours of 8 a.m. and midnight when the premises—

           (a)           are being used for the provision of music entertainment which

consists of—

                  (i)                 the performance of unamplified, live music, or

                  (ii)                facilities for enabling persons to take part in entertainment

within sub-paragraph (i), but

           (b)           are not being used for the provision of any other description of

regulated entertainment,

            any licensing authority imposed condition of the premises licence which

relates to the provision of the music entertainment does not have effect, in

relation to the provision of that entertainment, unless it falls within

subsection (4).’
62F
Line 30, leave out from ‘licence’ to end of line 32 and insert ‘except that, in the

application of this section in relation to such a certificate, the definition of

“licensing authority imposed condition” in subsection (6) has effect as if for

“section 19(3)(b)” to the end there were substituted “section 72(3)(b) (but is not

referred to in section 72(2)) or which is imposed by virtue of section 83(3)(b) or

86(3)”.’
62G
Line 33, at end of line insert—

                    ‘”licensing authority imposed condition” means a condition which is

imposed by virtue of section 19(3)(b) (but is not referred to in

section 19(2)(a)) or which is imposed by virtue of 35(3)(b), 52(3) or

166(5)(b) or in accordance with section 21;’
62H
Line 35, leave out ‘the provision of’
62J
Line 38, leave out from ‘(b)’ to end of 41 and insert ‘facilities enabling persons to

take part in entertainment within paragraph (a);’

(Amendment in lieu of the words left out of the Bill by Commons Amendment No. 62)
62L
Page 112, line 12, at end insert—

“Morris dancing etc.

           The provision of any entertainment or entertainment facilities is not to be

regarded as the provision of regulated entertainment for the purposes of

this Act to the extent that it consists of the provision of—

              (a)             a performance of morris dancing or any dancing of a similar

nature or a performance of unamplified, live music as an integral

part of such a performance, or

              (b)             facilities for enabling persons to take part in entertainment of a

description falling within paragraph (a).”