Licensing Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Order of 17th February 2003, as follows—
Clause 1
Schedules 1 and 2
Clauses 2 to 4
Clause 177
Clauses 5 to 8
Schedule 3 | Clauses 9 to 111
Schedule 4
Clauses 112 to 176
Schedule 5
Clauses 178 to 196
Schedules 6 to 8 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD BEAUMONT OF WHITLEY |
| 1 | Page 1, line 8, after "entertainment" insert "on controlled premises" |
| 2 | Page 108, line 32, leave out from "of" to ", and" in line 33 and insert— |
| "(i) | any person concerned in the organisation or management of that entertainment, or |
| (ii) | any person concerned in the organisation or management of those facilities who is also concerned in the organisation or management of the entertainment within paragraph 3(2) in which those facilities enable persons to take part" |
| 3 | Page 108, line 37, at end insert— |
| "( ) | For the purposes of sub-paragraph (4)(a), where the entertainment consists of the peformance of live music or the playing of recorded music, a person performing or playing the music is not concerned in the organisation or management of the entertainment by reason only that he does one or more of the following— |
| (a) | chooses the music to be performed or played, |
| (b) | determines the manner in which he performs or plays it, |
| (c) | provides any facilities for the purposes of his performance or playing of the music." |
| | THE LORD BEAUMONT OF WHITLEY |
| 4 | Page 109, line 9, leave out paragraphs (a) and (b) |
| 5 | Page 109, line 13, leave out paragraphs (e) to (h) |
| | THE BARONESS BUSCOMBE
THE LORD LUKE |
| 6 | Page 109, line 17, at end insert— |
| "( ) | a playing of a programme included in a programme service within the meaning of the Broadcasting Act 1990 (c. 42)," |
| | THE LORD BEAUMONT OF WHITLEY |
| 7 | Page 109, line 18, after "audience" insert "of more than 300 paying people" |
| | THE LORD REDESDALE
THE VISCOUNT FALKLAND
THE BARONESS BUSCOMBE
THE LORD LUKE |
| 8 | Page 110, line 16, leave out "recorded" |
| | THE BARONESS BUSCOMBE
THE LORD LUKE |
| 9 | Page 110, line 23, leave out paragraph 8 |
| 10 | Page 110, line 30, after "service" insert ", or |
| "(b) | at a place of public religious worship," |
| | THE BARONESS BUSCOMBE
THE LORD LUKE
THE VISCOUNT FALKLAND
THE LORD REDESDALE |
| 11 | Page 110, line 32, at end insert— |
| | The provision of entertainment or entertainment facilities in premises mainly used for public religious worship is not to be regarded as the provision of regulated entertainment for the purposes of this Act." |
| | THE LORD REDESDALE
THE VISCOUNT FALKLAND
THE BARONESS BUSCOMBE
THE LORD LUKE |
| 12 | 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 sub-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 sub-paragraph (1) are that— |
| (a) | the other activity referred to in sub-paragraph (1) is the subject of, and is undertaken in accordance with, a licence granted under this Act; |
| (b) | 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." |
| | THE BARONESS BUSCOMBE
THE LORD LUKE
THE VISCOUNT FALKLAND
THE LORD REDESDALE |
| 13 | Page 110, line 38, at end insert— |
| | "Educational establishments |
| | The provision of any entertainment or entertainment facilities in the premises of an educational establishment for the purposes directly connected to the activities of the establishment is not to be regarded as the provision of regulated entertainment for the purposes of this Act." |
| | THE LORD BEAUMONT OF WHITLEY |
| 14 | Page 111, line 8, leave out "one" and insert "three" |
| 15 | Page 111, line 16, at end insert "excluding those shown on a television screen or projection of such a screen" |
| 16 | Page 111, line 32, at end insert— |
| | "but excludes traditional pub games such as skittles, darts, billiards, snooker, pool or table football" |
| 17 | Page 111, line 37, leave out from ""Music"" to end of line 38 and insert "means amplified instrumental music performed by more than two people" |
| | THE BARONESS BUSCOMBE
THE LORD LUKE
THE VISCOUNT FALKLAND
THE LORD REDESDALE |
| 18 | Page 113, line 16, at end insert— |
| "( ) | the premises may be used for the exhibition of films by virtue of a premises licence." |
| | THE LORD PEYTON OF YEOVIL |
| 19 | Page 2, line 34, leave out paragraphs (a) to (d) and insert— |
| "(a) | the licensing justices, as defined in section 2 of the Licensing Act 1964 (c. 26)," |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE BARONESS BUSCOMBE
THE LORD LUKE |
| 20 | Page 3, line 1, at end insert— |
| "( ) | for purposes of personal licences, the Central Licensing Authority." |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE BARONESS BUSCOMBE
THE LORD LUKE |
| 21 | Insert the following new Clause— |
| | "Central Licensing Authority |
| (1) | There shall be a body corporate to be known as the Central Licensing Authority (in this Act referred to as "the Central Authority"). |
| (2) | The functions of the Central Authority shall be— |
| (a) | to act as the licensing authority for personal licences under Part 6 of this Act, and |
| (b) | such other functions as may be conferred on it by an order made by the Secretary of State. |
| (3) | The Secretary of State may by regulations make provision about the membership and staff of the Central Authority. |
| (4) | The expenses of the Central Authority shall be paid by the Secretary of State out of money provided by Parliament. |
| (5) | Any order or regulations made under this section shall be made by statutory instrument, and no order or regulations shall be made unless a draft of the order or regulations has been approved by a resolution of each House of Parliament." |
| | THE BARONESS BUSCOMBE
THE LORD LUKE
THE VISCOUNT FALKLAND
THE LORD REDESDALE |
| 22 | Page 3, line 10, at end insert— |
| "( ) | the protection of the amenity of the area;" |
| | THE BARONESS BUSCOMBE
THE LORD LUKE
THE VISCOUNT FALKLAND
THE LORD PHILLIPS OF SUDBURY |
| 23 | 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 LORD CLARKE OF HAMPSTEAD |
| 24 | Page 3, line 12, at end insert— |
| "(e) | the protection of residential amenity." |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| 25* | Page 3, line 12, at end insert— |
| "( ) | the protection of human rights" |
| 26* | Page 3, line 16, leave out paragraph (b) |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE BARONESS BUSCOMBE
THE LORD LUKE |
| 27 | Page 3, line 16, leave out "guidance" and insert "regulations" |
| 28 | Page 98, line 15, leave out subsection (1) and insert— |
| "(1) | The Secretary of State must issue guidance ("the licensing guidance") to licensing authorities on the discharge of their functions under this Act. |
| (1A) | But the Secretary of State may not issue the licensing guidance unless a draft of it has been laid before, and approved by resolution of, each House of Parliament. |
| (1B) | The Secretary of State may, from time to time, revise the licensing guidance. |
| (1C) | A revised version of the licensing guidance does not come into force until the Secretary of State lays it before Parliament. |
| (1D) | Where either House, before the end of the period of 40 days beginning with the day on which a revised version of the licensing guidance is laid before it, by resolution disapproves that version— |
| (a) | the Secretary of State must, under subsection (1B), make such further revisions to the licensing guidance as appear to him to be required in the circumstances, and |
| (b) | before the end of the period of 40 days beginning with the date on which the resolution is made, lay a further revised version of the licensing guidance before Parliament. |
| (1E) | In reckoning any period of 40 days for the purpose of subsection (1D), no account is to be taken of any time during which— |
| (a) | Parliament is dissolved or prorogued, or |
| (b) | both Houses are adjourned for more than four days." |
| | THE BARONESS BUSCOMBE
THE LORD LUKE |
| 29 | Page 98, line 18, at end insert— |
| "( ) | Guidance issued under this section must set out in particular the specific reasons which the Secretary of State considers justify the prevention of any licensing authority from restricting the number of licensed premises in any part of a town centre or other locality within the licensing area." |
| | THE VISCOUNT FALKLAND
THE LORD REDESDALE
THE BARONESS BUSCOMBE
THE LORD LUKE |
| 30 | Leave out Clause 177 and insert the following new Clause— |
| (1) | Regulations may prescribe the considerations to be followed by licensing authorities in the discharge of their functions under this Act. |
| (2) | Any set of regulations issued under this section shall have force for a period of three years, and may be renewed for any subsequent period of three years. |
| (3) | Regulations under this section shall not be made or renewed unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of each, House of Parliament." |
| | THE LORD HODGSON OF ASTLEY ABBOTTS |
| 31 | Page 3, line 18, leave out "three" and insert "six" |
| 32 | Page 3, line 30, leave out paragraph (b) |
| | THE LORD NORTHBOURNE
THE BARONESS HOWE OF IDLICOTE |
| 33 | Page 3, line 38, at end insert "and of schools, social services and parents in its area" |
| | THE BARONESS BUSCOMBE
THE LORD LUKE |
| 34 | Page 3, line 38, at end insert— |
| "( ) | the chairperson of the local Area Child Protection Committee" |
| | THE LORD CLARKE OF HAMPSTEAD |
| 35 | Page 4, line 4, after "revision of policies" insert "including policies relating to the management of cumulative impact and saturation" |
| | THE LORD HODGSON OF ASTLEY ABBOTTS |
| 36 | Page 4, line 5, at end insert— |
| "( ) | The licensing authority shall publish the names of all those consulted and any evidence submitted." |
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