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Amendments to the Licensing Bill [HL]

Licensing Bill [HL]

SIXTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 5th December 2002, as follows—

Clauses 157 to 176
Schedule 5		Clauses 178 to 196
Schedules 6 to 8

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 157

 

THE LORD BROOKE OF SUTTON MANDEVILLE

420Page 85, line 30, leave out from "disorder" to "may" in line 31 and insert "in the area of a licensing authority, the licensing authority"
421Page 85, line 38, leave out "magistrates' court" and insert "licensing authority"
422Page 85, line 40, leave out "magistrates' court" and insert "licensing authority"
 

Clause 158

 

THE LORD BROOKE OF SUTTON MANDEVILLE

423Page 86, line 19, after "officer" insert "or the relevant licensing authority"
424Page 86, line 20, after "he" insert "or it"
425Page 86, line 30, after "officer" insert "or the relevant licensing authority"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

426Page 86, line 36, at end insert—
"(   )  specify whether the premises must close in its entirety or simply cease the sale of alcohol."
 

THE LORD BROOKE OF SUTTON MANDEVILLE

427Page 86, line 38, after "constable" insert "or authorised officer of the relevant licensing authority"
 

Clause 164

 

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

427APage 89, line 31, at beginning insert "Upon the application of either the responsible senior police officer or the holder of the premises licence"
 

Clause 169

 

THE LORD BROOKE OF SUTTON MANDEVILLE
THE VISCOUNT FALKLAND
THE LORD REDESDALE

428Page 93, line 40, at end insert—
"(   )  Where the local licensing authority considers that a period ("the celebration period") marks an occasion of exceptional local significance, it may make a licensing hours order."
 

THE BARONESS BLACKSTONE

429Page 93, line 42, after "licences" insert "and club premises certificates"
430Page 94, line 7, leave out ", in relation to a premises licence, means" and insert "means—
(a)  in relation to a premises licence,"
431Page 94, line 9, at end insert ", and
(b)  in relation to a club premises certificate, the times during which the premises may be used for qualifying club activities in accordance with the certificate"
 

Clause 170

 

THE LORD GREENWAY

431APage 94, line 20, leave out "an international" and insert "a"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

431BPage 94, line 25, at end insert—
"(   )  at premises in respect of which a licence under the Gaming Act 1968 (c. 65) is in force and the premises are being used wholly or mainly for the purposes of gaming to which Part 2 of that Act applies,"
 

Clause 172

 

THE LORD PHILLIPS OF SUDBURY

432Page 95, line 41, after first "prize" insert "in excess of #100, or the total of all money prizes exceeds #250,"
433Page 95, line 42, after "lottery" insert "(being a lottery where the expenses incurred in connection with the same exceed #2,000)"
 

Clause 173

 

THE LORD HODGSON OF ASTLEY ABBOTTS

434Page 96, line 29, leave out paragraph (b)
435Page 96, line 31, leave out subsection (3)
436Page 96, line 44, leave out paragraph (c)
 

Clause 174

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

437Page 97, line 27, at end insert "unless a constable or an authorised person has reasonable cause to believe that there are activities being carried on at the premises which would require a premises licence to be in force at the premises"
 

Clause 175

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

438Page 97, line 29, after "constable" insert "and an authorised person"
 

Clause 176

 

THE LORD BROOKE OF SUTTON MANDEVILLE

438APage 98, line 6, leave out from "may" to end of line and insert ", in exceptional circumstances, make an order as to costs"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

439Page 98, line 6, at end insert—
"(   )  In making its decision the court must have regard to the statement of licensing policy of the relevant licensing authority."
 

Schedule 5

 

THE LORD BROOKE OF SUTTON MANDEVILLE

440Page 117, line 11, at end insert—
 

"PART A1
RELEVANT REPRESENTATIONS

 

Rejection of representations

 1      Where a licensing authority rejects a representation from a party on the grounds that—
(a)  the person is not qualified to make relevant representations,
(b)  the representation is not relevant to the licensing objectives, or
(c)  the representation is not relevant because it contravenes a regulation made pursuant to this Act,
  he may appeal against the decision within 21 days of receiving notice of that decision.
 2      Where a licensing authority has rejected a representation from a party, the licensing authority may not determine the application—
(a)  until the end of the period for appealing against the decision to reject the representation, and
(b)  if the decision is appealed against, until the appeal is disposed of."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

441Page 117, line 18, leave out paragraph (c)
 

THE LORD COBBOLD
THE BARONESS BUSCOMBE

441ZAPage 117, line 20, at end insert—
"(e)  requires a fee under section 54, the amount of which the applicant considers to be unreasonable,"
 

THE LORD HARRIS OF HARINGEY

441APage 117, line 24, at end insert "or grants a premises licence with a condition under section (Police representations)"
441BPage 117, line 36, at end insert "or that, on granting the licence under section (Police representations) ought to have imposed a condition or a different condition"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

442Page 118, line 26, leave out paragraph 5
443Page 119, line 39, at end insert—
"(   )  A licensing appeal will be heard by a panel of justices elected by the bench at their annual general meeting, whose task will be to hear all matters of appellate jurisdiction."
 

Clause 180

 

THE LORD BROOKE OF SUTTON MANDEVILLE

443APage 99, line 38, leave out subsection (3)
 

Clause 188

 

THE LORD COBBOLD
THE BARONESS BUSCOMBE

444Page 103, line 27, leave out "place" and insert "building or open space for which a licence may be applied"
 

THE LORD BROOKE OF SUTTON MANDEVILLE

445Page 103, line 29, at end insert—
 ""public nuisance" shall include (but is not limited to) nuisance caused by noise, waste, smells and other pollutants of the environment as well as obstructions caused by persons, objects and cars;"
 

Clause 191

 

THE LORD BROOKE OF SUTTON MANDEVILLE

 The Lord Brooke of Sutton Mandeville gives notice of his intention to oppose the Question that Clause 191 stand part of the Bill.
 

After Clause 191

 

THE BARONESS BUSCOMBE
THE LORD LUKE

446Insert the following new Clause—
  "Annual report on effects of licensing policy on public health
(1)  The Secretary of State shall publish each year a report on the effects on public health of the change in licensing policy introduced under this Act.
(2)  In each report under subsection (1) the Secretary of State shall include—
(a)  an assessment by the Chief Medical Officer of the public health advantages and disadvantages of alcohol and the licensing policy set out under this Act, including, specifically, the benefits of 24-hour drinking and the impact of the operation of the Act on young people between the ages of 16 and 21 and on children,
(b)  a statement of the number of facilities in England and Wales offering 24-hour drinking, listed by the licensing authority,
(c)  a statement of the number of fixed penalty offences, cautions and convictions for alcohol related offences in the preceding year, together with details of the number of recorded offences under Part 7 of this Act,
(d)  an estimate of the number of days lost to work as a result of alcohol related absence,
(e)  an estimate of the cost to the National Health Service of treating alcohol related illness,
(f)  a statement by the Secretary of State as to whether the reform of licensing policy has had any effect on the factors in paragraphs (b) to (e),
(g)  a statement from the bodies representing licensing authorities under section 3(1) setting out the costs of implementing licensing policy under this Act; whether those costs have been fully recovered through fees; and the impact, if any, of policy under this Act on the level and nature of crime, vandalism, nuisance, noise or other anti-social behaviour in England and Wales, and in compiling their report under this paragraph the local government representative bodies shall consult each of the licensing authorities which are members of their associations and shall, as appropriate, report on costs and effects in each licensing authority."
 

Clause 196

 

THE BARONESS BUSCOMBE
THE LORD LUKE

447Page 107, line 19, at end insert "which may provide for some or all of the preceding provisions to come into force in different areas at different times"
 

Schedule 6

 

THE BARONESS BUSCOMBE
THE LORD LUKE

448Page 124, line 30, leave out paragraph (b)
448APage 133, line 42, at end insert—
 "51A (1)      For section 11(1) (provisions with respect to the licensing of premises) substitute—
    "(1)      The provisions of Schedule 2 to this Act shall have effect with respect to the licensing of premises for gaming and in England and Wales for licensable activities ancillary thereto."
(2)      In section 11 (provisions with respect to the licensing of premises), at end insert—
    "(3)      In this section "licensable activities" has the same meaning as in the Licensing Act 2003.""
 

Schedule 8

 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

449Page 154, line 28, at end insert "and the day so specified shall be no earlier than the date on which expires the period of nine months beginning with the date on which section 5 of this Act comes into force"
 

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

449APage 154, line 45, leave out "disregarded" and insert "regarded"
449BPage 154, line 45, after second "to" insert "existing"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

449CPage 155, line 16, at end insert—
"(   )  the owner of the business where the current licence holder is in the employ of that business consents to the application being made."
 

THE BARONESS BUSCOMBE
THE LORD LUKE

450Page 155, line 20, leave out paragraph (b)
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

451Page 155, line 30, at end insert—
"(   )  an operating schedule in the specified form which includes a statement of the matters set out in section 17(4)"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

452Page 155, line 36, leave out paragraph (d) and insert—
"(   )  a notice in the prescribed form and including a statement of the prescribed information in respect of the individual whom the holder wishes as the premises supervisor and a form of consent in the specified form given by that individual,"
 

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND
THE BARONESS BUSCOMBE
THE LORD LUKE

452APage 156, line 17, leave out paragraph (b)
452BPage 156, line 24, leave out from "that" to "converting" in line 25
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

453Page 157, line 7, after "If" insert ", in the case where no notice is given under paragraph 3(2) or (3),"
454Page 157, line 8, leave out from "of" to end of line and insert "18 months beginning with the date of expiry of the period during which an application for the grant of a licence may be made under paragraph 2(2)"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

455Page 158, line 26, leave out sub-paragraph (7)
456Page 158, line 44, leave out from "at" to "(b)" in line 5 on page 159 and insert—
  "any time—
(a)  give notice under section 36, or
(b)  apply under section 33 for a variation of any licence so granted,
  and for the purposes of a notice within paragraph (a) or application under paragraph"
457Page 159, line 7, leave out "(1)(a) or" and insert "(1)"
458Page 159, line 8, leave out "34 or"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

459Page 159, line 10, at beginning insert "Subject to sub-paragraph (3A),"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

460Page 159, line 10, leave out "(1)(a) or" and insert "(1)"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

461Page 159, line 11, leave out from "of" to "it" in line 12 and insert "18 months beginning with the date of expiry of the period during which application for the grant of the licence may be made under paragraph 2(2)"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

461APage 159, line 13, leave out "rejected" and insert "granted"
 

THE BARONESS BUSCOMBE
THE LORD LUKE

462Page 159, line 13, leave out "34 or"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

463Page 159, line 14, at end insert—
"(3A)      The licensing authority and the applicant may agree an extension to the period mentioned in sub-paragraph (3) during which the application may be determined."
 

THE LORD HODGSON OF ASTLEY ABBOTTS

463APage 161, line 13, leave out "have regard to" and insert "accept the conditions of"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

463BPage 165, line 25, after "licence" insert ", or a person who has held a justices' licence for a period of not less than six months in the three years prior to the appointed day,"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE BARONESS HANHAM

464Page 165, line 37, leave out from beginning to "which" and insert "four full face colour photographs without sunglasses or headgear, unless headgear is worn permanently for religious reasons,"
465Page 165, line 42, at end insert—
"(   )  proof, of a specified description or in a specified form, of the applicant's home address"
 

THE BARONESS BUSCOMBE
THE LORD LUKE
THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND

465APage 166, line 39, after "licence" insert ", or has held a justices' licence for a period of not less than six months in the three years prior to appointed day"
 

THE BARONESS BLACKSTONE

466Page 168, line 10, leave out from second "of" to "premises" in line 11 and insert "existing licences (within the meaning of Part 1 of Schedule 8) in respect of"
467Page 168, line 14, leave out "that" and insert "the 1964"

 
 
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20 January 2003