Licensing Bill [HL]
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| | THE LORD FAULKNER OF WORCESTER |
| Page 1, line 9, at end insert— |
| "(e) | the provision of indoor spaces in which smoking is permitted in premises where other licensable activities are carried on" |
| | THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND |
| Page 108, line 33, after "facilities" insert "other than a person who is a performer in relation to the entertainment or a person representing such performers in dealings with the promoters of the entertainment" |
| | THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND
THE BARONESS BUSCOMBE
THE LORD LUKE |
| Page 110, line 16, leave out "recorded" |
| | THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND |
| Page 110, line 29, after "facilities" insert "which is undertaken in a place whose primary purpose is for religious worship or which is made" |
| | THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND
THE BARONESS BUSCOMBE
THE LORD LUKE |
| Page 110, line 32, at end insert— |
| | "Unamplified Music incidental to certain other activities |
| | (1) The provision of entertainment consisting of the performance of live music (and not comprising or including the playing of recorded music) is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that the conditions specified in paragraph (2) are satisfied and to the extent that it is incidental to some other activity that is not itself— |
| (a) | entertainment of a description falling within paragraph (2), or |
| (b) | the provision of entertainment facilities. |
| (2) | The conditions referred to in paragraph (1) are that— |
| (a) | the other activity referred to in paragraph (1) is the subject of, and is undertaken in accordance with a licence granted under this Act; and |
| (b) | the number of persons undertaking the activity referred to in paragraph (a) above does not exceed 100 or such other number of persons permitted to be present in accordance with the licence referred to in paragraph (a); and |
| (c) | the live music being performed is not provided in whole or part by means of, or with the assistance of, electrical or electronic amplification, or made more readily audible by such amplification either in the place where the performance is occurring or in any other place." |
| Page 110, line 32, at end insert— |
| | The provision of entertainment or entertainment facilities is not to be regarded as regulated entertainment for the purposes of this Act if— |
| (a) | it is undertaken on premises on which no more than 250 persons are present; |
| (b) | no charge is made for entry; and |
| (c) | the provision of the entertainment creases no later than 11 pm" |
| | THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND |
| Page 110, line 32, at end insert— |
| | "Educational and social establishments |
| | The provision of entertainment or entertainment facilities is not to be regarded as regulated entertainment for the purposes of this Act if it is undertaken on the premises of— |
| (a) | an educational establishment for purposes directly connected to the activities of the establishment; |
| (b) | a prison for purposes incidental to the activities of the prison; |
| (c) | a hospital for purposes incidental to the activities of the hospital; or |
| (d) | a museum or public gallery for purposes incidental to the activities of the museum or public gallery." |
| | THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND
THE BARONESS BUSCOMBE
THE LORD LUKE |
| Page 111, leave out lines 13 and 14 |
| | THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 111, line 23, leave out "(other than" and insert "(including" |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE |
| Page 3, line 10, at end insert— |
| "( ) | the protection of the amenity of its area" |
| | THE VISCOUNT FALKLAND
THE BARONESS BUSCOMBE
THE LORD REDESDALE
THE LORD LUKE |
| Page 3, line 11, leave out paragraph (c) and insert— |
| "(c) | the prevention of unreasonable diminution of the living and working amenity and environment of interested parties in the vicinity of the premises balancing those matters against the benefits to be derived from the leisure amenity of such premises," |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE |
| Page 3, line 11, after "of" insert "disturbance or" |
| | THE LORD FAULKNER OF WORCESTER |
| Page 3, line 12, at end insert— |
| "(e) | the protection of health, safety and welfare of workers in licensed premises" |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE |
| Page 3, line 16, leave out paragraph (b) |
| | THE LORD FAULKNER OF WORCESTER |
| Page 3, line 16, at end insert— |
| "(4) | In pursuit of the licensing objective in subsection (2)(d), a licensing authority shall have regard to the need to exclude children from areas in which smoking is permitted." |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| Page 98, line 10, at the end insert— |
| "( ) | Before issuing or revising any guidance the Secretary of State must consult— |
| (a) | all local authorities which are to become but have not yet become a licensing authority, |
| (b) | all licensing authorities, and |
| (c) | such other persons as he thinks fit." |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE |
| Page 3, line 19, leave out "policy" and insert "policies" |
| Page 3, line 21, leave out "a statement of that policy" and insert "statements of those policies" |
| Page 3, line 26, at end insert— |
| "(2A) | A licensing authority may have separate policies for different classes of premises and different types of licensable activities." |
| Page 3, line 26, at end insert— |
| "(2B) | Subject to subsection (2A), in determining its policy a licensing authority must have regard to any guidance issued by the Secretary of State under section 177." |
| Page 3, line 26, at end insert— |
| "( ) | In determining its policy a licensing authority may have regard to the cumulative effect of the granting of premises licences and club premises certificates on the promotion of the licensing objectives in respect of its area, or any part of its area." |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE |
| Page 4, line 8, leave out ", but not more than fifteen," |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| | The above-named Lord gives notice of his intention to oppose the Question that Clause 6 stand part of the Bill. |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| | The above-named Lord gives notice of his intention to oppose the Question that Clause 7 stand part of the Bill. |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| | The above-named Lord gives notice of his intention to oppose the Question that Clause 9 stand part of the Bill. |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| Page 8, line 3, at the end insert— |
| "( ) | any other person who, in pursuance of arrangements made with the licensing authority, is so authorised, and any employee of such person," |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE |
| Page 8, line 10, leave out "statutory functions" and insert "legal powers" |
| Page 8, line 12, at end insert "the prevention of crime and disorder, ensuring the safety of the public and protecting children from harm," |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| Page 8, line 12, at end insert— |
| "( ) | any other person who, in pursuance of arrangements made with the local authority, is so authorised, and any employee of such person," |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE LORD BROOKE OF SUTTON MANDEVILLE |
| Page 8, line 17, at end insert "or any other person who the licensing authority considers may be affected by the use of the premises for licensable activities" |
| Page 8, line 18, leave out "representing" and insert "which, or individual who the licensing authority considers is representative of" |
| Page 8, line 18, at end insert— |
| "( ) | a body which the licensing authority considers is representative of amenity interests in that vicinity," |
| Page 8, line 19, after "business" insert "or other organisations located" |
| Page 8, line 20, at end leave out "businesses" and insert "organisations" |
| Page 8, line 28, leave out from "authority" to end of line 31 and insert "for the area in which the premises are situated" |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE |
| Page 8, line 44, leave out from "section," to end of line 45 and insert "legal powers means any powers, duties or obligations conferred by on under any enactment, statute or by a decision of a Court" |
| | THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND
THE BARONESS BUSCOMBE
THE LORD LUKE |
| Page 9, line 6, leave out from "individual" to the end of line 7 and insert "personal licence holder who has obtained the signed consent of the premises licence holder to such designation and served the prescribed form upon the chief officer of police and the relevant licensing authority" |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| Page 10, line 34, leave out "the prescribed form" and insert "such form as may be required by the licensing authority" |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE |
| Page 11, line 5, at end insert "having regard to the licensing statement of the local authority, and |
| ( ) | a short description of the application which may be included in any notice advertising the application." |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| Page 11, line 6, leave out "prescribed" and insert "required by the licensing authority" |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| Page 11, leave out lines 26 and 27 and insert— |
| "( ) | In determining any such application the authority shall have regard to its licensing statement and to any other material considerations, and in granting a licence may impose—" |
| Page 11, line 28, after "the" insert "licensing statement or the" |
| Page 11, line 31, at end insert— |
| "(c) | such conditions as may be required for the promotion of the licensing objectives, whether or not consistent with the operating schedule accompanying the application." |
| Page 11, line 45, at end insert— |
| "(iii) | the conditions mentioned in subsection (2)(c) modified to such extent as the authority considers necessary for the promotion of the licensing objectives." |
| Page 12, line 10, leave out paragraph (b) |
| Page 12, line 16, leave out subsections (7) to (9) |
| Page 12, line 29, after "situated" insert "or by an authorised officer of the licensing authority for the area in which the premises are situated" |
| Page 12, line 30, leave out "exceptional" |
| Page 12, line 31, after "is" insert "or they are" |
| Page 12, leave out line 33 and insert "licensing objectives" |
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