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LORDS AMENDMENTS TO A COMMONS AMENDMENT AND
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LORDS AMENDMENT IN LIEU OF WORDS LEFT OUT OF THE BILL
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BY A COMMONS AMENDMENT to the |
licensing bill [hl] |
[The page and line refer to Bill 73 as first printed for the Commons.] |
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Schedule 1 |
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62 | Page 112, line 31, leave out paragraph 12 |
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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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| ( 2 ) |
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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 |
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| ( 3 ) |
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| 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.”
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| 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). |
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| ( 4 ) |
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| (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);’ |
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| (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).” |
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