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19Clause 38, page 22, line 21, at end insert "in respect of a premises licence which authorises the supply of alcohol"
Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 19.
Moved, That the House do agree with the Commons in their Amendment No. 19.—(Lord McIntosh of Haringey.)
On Question, Motion agreed to.
20Clause 47, page 27, line 31, at end insert "or"
Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 20.
Moved, That the House do agree with the Commons in their Amendment No. 20.—(Lord McIntosh of Haringey.)
The noble Lord said: My Lords, I beg to move.
Moved, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 20, leave out "agree" and insert "disagree".
On Question, amendment agreed to.
On Question, Motion, as amended, agreed to.
20A Lord Redesdale rose to move, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 20, leave out "agree" and insert "disagree".
21Page 27, line 33, leave out from "practitioner" to end of line 35
Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 21.
Moved, that the House do agree with the Commons in their Amendment No. 21.—(Lord McIntosh of Haringey.)
The noble Lord said: My Lords, I beg to move.
Moved, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 21, leave out "agree" and insert "disagree".
On Question, amendment agreed to.
On Question, Motion, as amended, agreed to.
21A Lord Redesdale rose to move, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 21, leave out "agree" and insert "disagree".
22Clause 52, page 31, line 44, after "20" insert ", (Mandatory condition in licences: exhibition of films)"
23Clause 69, page 40, line 36, at end insert— "( ) a body which—
Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 22 to 34 en bloc.
Moved, That the House do agree with the Commons in their Amendments Nos. 22 to 34 en bloc.—(Lord McIntosh of Haringey.)
On Question, Motion agreed to.
(1) represents those who, in relation to any such area, are responsible for, or interested in, matters relating to the protection of children from harm, and
(ii) is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters,"
24Clause 70, page 41, line 9, leave out "for consumption on the premises where the supply takes place"
25Clause 71, page 41, line 36, at end insert—
"( ) where the relevant qualifying club activities include the supply of alcohol, whether the supplies are proposed to be for consumption on the premises or both on and off the premises,"
26Clause 72, page 42, line 17, after "to" insert—
"(a)"
27Page 42, line 18, after "application" insert ", and
(b) any conditions which must under section (Certificate authorising supply of alcohol for consumption off the premises)(2) to (5) or (Mandatory condition in certificates: exhibition of films) be included in the certificate"
28Page 42, line 27, after second "to", insert—
"(i) "
29Page 42, line 29, after "objectives" insert ", and
(ii) any conditions which must under section (Certificate authorising supply of alcohol for consumption off the premises)(2) to (5) or (Mandatory condition in certificates: exhibition of films) be included in the certificate"
30Page 42, line 32, at end insert—
"( ) Subsections (2) and (3)(b) are subject to section (Certificate authorising supply of alcohol for consumption off the premises)(1) (certificate may authorise off-supplies only if it authorises on-supplies)."
31After Clause 72, insert the following new clause—
"Certificate authorising supply of alcohol for consumption off the premises
(1) A club premises certificate may not authorise the supply of alcohol for consumption off the premises unless it also authorises the supply of alcohol to a member of the club for consumption on those premises.
(2) A club premises certificate which authorises the supply of alcohol for consumption off the premises must include the following conditions.
(3) The first condition is that the supply must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the club premises certificate, to members of the club for consumption on the premises.
(4) The second condition is that any alcohol supplied for consumption off the premises must be in a sealed container.
(5) The third condition is that any supply of alcohol for consumption off the premises must be made to a member of the club in person."
32After Clause 72, insert the following new clause—
"Mandatory condition in certificates: exhibition of films
(1) Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
(2) Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
(3) Where—
(a) the film classification body is not specified in the certificate, or
(b) the relevant licensing authority has notified the club which holds the certificate that this subsection applies to the film in question,admission of children must be restricted in accordance with any recommendation made by that licensing authority.
(4) In this section—
"children" means persons aged under 18; and
"film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification)."
33Clause 83, page 47, line 28, at end insert—
"( ) Subsections (2) and (3) are subject to sections (Certificate authorising supply of alcohol for consumption off the premises) and (Mandatory condition in certificates: exhibition of films) (mandatory conditions relating to supply of alcohol for consumption off the premises and to exhibitions of films)."
34Clause 86, page 49, line 42, at end insert—
"( ) Subsection (3) is subject to sections (Certificate authorising supply of alcohol for consumption off the premises) and (Mandatory condition in certificates: exhibition of films) (mandatory conditions relating to supply of alcohol for consumption off the premises and to exhibitions of films)."
35Clause 98, page 55, line 15, leave out "72" and insert "96"
Lord McIntosh of Haringey: My Lords, in moving that the House do agree with the Commons in their Amendment No. 35 I shall speak also to Amendments Nos. 36 to 45, 57 and 58. The system of temporary event notices set out in the Bill is very light touch, designed to avoid the need to involve ordinary people in administrative procedures, hearings and the like. When the limits are complied with there can be no representations except from the police, and even then only on grounds of crime prevention. Local residents have no input at all, which is why in order to ensure the necessary balance there must be limits on the length, frequency and numbers attending temporary events to ensure that they are adequately protected.
The system set out in the Bill as originally drafted provided that a non-personal licence holder may give up to five temporary event notices in any one year and a personal licence holder may give 50 but it limited the number of notices which could be given in respect of any particular premises in one year to 12. It also set a limit of 72 hours for each event. In practice, that meant that there was a maximum of 15 days every year—five events each three days long or more frequent shorter events.
Following debates in Committee and representations from a large number of people concerned, the Government agreed to look again at the matter to ensure that the Bill would not have the unintended effect of discouraging those who wish to organise ad hoc events for clubs, including sports clubs, village and community halls, voluntary and charitable groups and so on, from carrying on such events.
At the same time, it is sensible to ensure that local residents are not worse off in terms of the safeguards which go along with any liberalisation. We have tabled amendments that would have the effect of increasing the number of temporary event notices that could be given in any calendar year in respect of the same premises from five to 12—sensibly once a month—setting an overall maximum of 15 days in any calendar year (the same maximum implied in the Bill as originally drafted) and increasing the length of time permissible for any single temporary event from 72 hours to 96 hours, for example, for a long bank holiday weekend. A power is provided for the Secretary of State to amend
As well as meeting the concerns of the groups that the limits in the Bill would not allow to hold the types of events that they now hold under the current regime, these measures also ensure that the residents' concerns are fully protected. The power to make changes to the limits will allow the Secretary of State to respond to the experience of the new regime. I beg to move.
Moved, That the House do agree with the Commons in their Amendments Nos. 35.—(Lord McIntosh of Haringey.)
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