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Lord Crickhowell: My Lords, I warmly congratulate the Government on a helpful series of amendments. I ask for a small point of clarification. I find the inter-relationship of the various amendments over several clauses a little complicated. I have just returned from a Dorset music festival a week or so ago. I can cite examples of the country houses where such events are held.
I refer to the amendment to Clause 105, which deals with counter notices. Subsection (3) is not amended in terms of the number of temporary event notices held. That subsection applies,
- "if the relevant premises user"—
- "does not hold a personal licence";
As I understand it, the house owner can only hold, or apply for, five events. The next subsection means that anyone else, such as a charity or some other organisation, can apply for the same premises. Therefore, a house owner could have, say, five events for which he or his family had applied, and others could apply for the remainder. This means that one could hold 12 events in the premises during the year.
However, I am not quite sure that I have got it right. If one has a country house and holds two or three concerts as part of a music festival, as well as making the house available to other charities, I want to satisfy myself that it is possible to have up to 12 events. It seems to me that perhaps the applications have to come from different persons. I may have got it wrong. I should be grateful if the Minister could clarify the matter. If I am right in thinking that up to 12 events can be held during a year, that would be extremely helpful. It is a satisfactory way out of the problems that a number of us identified at an earlier stage.
Lord McIntosh of Haringey: My Lords, it was the interventions of the noble Lord, Lord Crickhowell, on behalf of music festivals that led us to think again about the matter. The answer to the question is that the country house owner can apply 12 times. We have increased the limit from 5 to 12, so there is no reason—no, I am sorry, I am wrong. The owner may have to go
via a round-about route. However, I believe that the noble Lord has accepted that it is not too much of a pain. In any case, we have given the Secretary of State power to change it if necessary.The two points are as follows: first, yes, there can be 12 events of one day, but not more than 15 such events in respect of one house. Secondly, the protection for the neighbours of the maximum of 15 days is maintained.
Lord Crickhowell: My Lords, I am grateful for that clarification. I am glad that my interpretation of the complex wording was right. It will have to be made clear to owners that applications may have to be made by separate bodies because the actual owner of the house or his family are limited in that respect. Others can make application to hold events in the same house as long as the total number is not exceeded. I believe that that is perfectly workable. I am very grateful to the Government for having made the changes.
Baroness Buscombe: My Lords, we are also grateful to the Government for the changes that have been made.
On Question, Motion agreed to.
36Clause 98, page 55, line 29, leave out "72" and insert "96"
| 37 | Clause 98, page 56, line 5, at end insert— |
Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 36 to 45.
Moved, That the House do agree with the Commons in their Amendments Nos. 36 to 45.—(Lord McIntosh of Haringey.)
On Question, Motion agreed to.
(a) amend subsections (1) and (5)(b) so as to substitute any period for the period for the time being specified there;
(b) amend subsection (5)(d) so as to substitute any number for the number for the time being specified there."
38Clause 105, page 59, line 23, leave out "or (4)" and insert ", (4) or (4A)"
39Clause 105, page 59, line 35, leave out "five" and insert "12"
40Clause 105, page 59, leave out lines 37 and 38 and insert—
"(a) are in respect of the same premises as notice A, and"
41Clause 105, page 59, line 40, at end insert—
"(4A) This subsection applies if, in any year in which the event period specified in notice A (or any part of it) falls, more than 15 days are days on which one or more of the following fall—
(a) that event period or any part of it,
(b) an event period specified in a temporary event notice already given in respect of the same premises as notice A or any part of such a period,"
42Clause 105, page 60, line 3, leave out "or (4)" and insert ", (4) or (4A)"
43Clause 105, page 60, line 20, at end insert—
"(10A) The Secretary of State may, by order, amend subsection (2)(b), (3)(b), (4) or (4A) so as to substitute any number for the number for the time being specified there."
44Clause 105, page 60, line 21, at end insert—
"( ) a temporary event notice is in respect of the same premises as notice A if it is in respect of the whole or any part of the relevant premises or premises which include the whole or any part of those premises;"
45Clause 105, page 60, line 22, after "year;" insert—
"( ) "day" means a period of 24 hours beginning at midnight;"
46Clause 110, page 62, line 28, leave out "Central Licensing Authority" and insert "licensing authority which granted the licence"
Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 46.
Moved, That the House do agree with the Commons in their Amendment No. 46.—(Lord McIntosh of Haringey.)
[Amendment No. 46A not moved.]
On Question, Motion agreed to.
47Clause 115, page 63, line 34, leave out from "licence" to end of line 35 and insert—
"(a) must, if the applicant is ordinarily resident in the area of a licensing authority, be made to that authority, and
(b) may, in any other case, be made to any licensing authority"
Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 47.
Moved, That the House do agree with the Commons in their Amendment No. 47.—(Lord McIntosh of Haringey.)
[Amendment No. 47A not moved.]
On Question, Motion agreed to.
48Clause 116, page 64, line 12, leave out "Central Licensing Authority" and insert "licensing authority to which it was made or has been withdrawn"
Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 48.
Moved, That the House do agree with the Commons in their Amendment No. 48.—(Lord McIntosh of Haringey.)
[Amendment No. 48A not moved.]
On Question, Motion agreed to.
49Clause 121, page 66, line 38, leave out "Central Licensing Authority" and insert "authority to which the application is made"
Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 49.
Moved, That the House do agree with the Commons in their Amendment No. 49.—(Lord McIntosh of Haringey.)
[Amendment No. 49A not moved.]
On Question, Motion agreed to.
50Leave out Clause 143
50ALord McIntosh of Haringey rose to move, that this House do agree with the Commons in their Amendment No. 50 and do propose the following amendment in lieu of the words so left out of the Bill— Insert the following new Clause—
"Unaccompanied children prohibited from certain premises
(1) A person to whom subsection (3) applies commits an offence if—
(a) knowing that relevant premises are within subsection (4), he allows an unaccompanied child to be on the premises at a time when they are open for the purposes of being used for the supply of alcohol for consumption there, or
(b) he allows an unaccompanied child to be on relevant premises at a time between the hours of midnight and 5 a.m. when the premises are open for the purposes of being used for the supply of alcohol for consumption there.
(2) For the purposes of this section—
(a) "child" means an individual aged under 16,
(b) a child is unaccompanied if he is not in the company of an individual aged 18 or over.
(3) This subsection applies—
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