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Lord McIntosh of Haringey moved Amendment No. 13:
- Page 75, line 8, at end insert—
"Road Traffic Act 1988 (c. 52) In section 11(2), the definition of "breath test"."
Lord McIntosh of Haringey: My Lords, I beg to move that the Bill do now pass.
Moved, that the Bill do now pass.—(Lord McIntosh of Haringey.)
On Question, Bill passed, and returned to the Commons with amendments.
Licensing Bill [HL]
4.5 p.m.
Lord McIntosh of Haringey: My Lords, I beg to move that the Commons amendments be now considered.
Moved, That the Commons amendments be now considered.—(Lord McIntosh of Haringey.)
On Question, Motion agreed to.
21Clause 47, page 27, line 33, leave out from "practitioner" to end of line 35
The Lords disagree to this Amendment for the following Reason—
21ABecause the Bill should make provision about the registration of prior and paramount interests in registered premises.
The Commons do not insist on their Amendment to which the Lords have disagreed, but propose the following Amendments to the Bill in lieu of that Amendment—
Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 21B to 21I en bloc in lieu of Commons Amendment No. 21, to which the Lords have disagreed.
These amendments were made in the Commons further to the undertaking that I gave in particular to the noble Baroness, Lady Buscombe, and the noble Lord, Lord Redesdale, in the House on 19th June. They were drawn up following consultation with those involved from the industry and they meet the concerns that they had in relation to the important issue of the registration of interests. I hope that the House will agree with the Commons in their Amendments Nos. 21B to 21I. I beg to move.
Moved, That the House do agree with the Commons in their Amendments Nos. 21B to 21I in lieu of Commons Amendment No. 21, to which the Lords have disagreed.—(Lord McIntosh of Haringey.)
Baroness Buscombe: My Lords, I rise simply to say that we welcome the amendments.
Lord Redesdale: My Lords, we also welcome the amendments.
On Question, Motion agreed to.
21BPage 5, line 41, leave out paragraph (d)
21CPage 16, line 17, leave out from "he" to end of line 21 and insert "may give the relevant licensing authority a notice to that effect"
21DPage 19, line 22, leave out subsections (6) and (7)
21EPage 27, line 31, at end insert "or"
21FPage 27, line 33, leave out from "practitioner" to end of line 35
21GPage 85,, line 24, leave out "or"
21HPage 85, line 25, at end insert ", or
(e) a notice within section [Right of freeholder etc to be notified of licensing matters](1) (notice by freeholder etc conferring right to be notified of changes to licensing register)"
21IPage 97, line 35, at end insert—
"Rights of freeholders etc.
Right of freeholder etc. to be notified of licensing matters
(1) This section applies where—
(a) a person with a property interest in any premises situated in the area of a licensing authority gives notice of his interest to that authority, and
(b) the notice is in the prescribed form and accompanied by the prescribed fee.
(2) The notice has effect for a period of 12 months beginning with the day it is received by the licensing authority.
(3) If a change relating to the premises to which the notice relates is made to the register at a time when the notice has effect, the licensing authority must forthwith notify the person who gave the notice—
(a) of the application, notice or other matter to which the change relates, and
(b) of his right under section 9 to request a copy of the information contained in any entry in the register.
(4) For the purposes of this section a person has a property interest in premises if—
(a) he has a legal interest in the premises as freeholder or leaseholder,
(b) he is a legal mortgagee (within the meaning of the Law of Property Act 1925 (c. 20)) in respect of the premises,
(c) he is in occupation of the premises, or
(d) he has a prescribed interest in the premises.
(5) In this section—
(a) a reference to premises situated in the area of a licensing authority includes a reference to premises partly so situated, and
(b) "register" means the register kept under section 9 by the licensing authority mentioned in subsection (1)(a)."
62Schedule 1, page 112, line 31, leave out paragraph 12
The Lords disagree to this amendment but propose the following amendment in lieu thereof—
62APage 112, line 30, at end insert—
"Small evens: live music
(1) The provision of entertainment consisting of the performance of live music is not to be regarded as the provision of regulated entertainment for the purposes of this Act where—
(a) the number of listeners or spectators present does not exceed 200 at any one time, and
(b) the entertainment ceases no later than 11.30pm.
(1) The provision of entertainment facilities solely for the purposes of entertainment described in sub-paragraph (1) is not to be regarded as the provision of regulated entertainment for the purposes of this Act.
(2) Nothing in this paragraph shall be read as rendering invalid or otherwise affecting any provision of, or any regulation made under, any other legislation that applies to the entertainment, the entertainment facilities or the premises on which the entertainment is to take place."
The Commons insist on their Amendment No. 62 to which the Lords have disagreed, and disagree to the Lords Amendment (No. 62A) proposed in lieu of that Amendment, but propose the following Amendment to the Bill in lieu of Amendment No.62A—
62BPage 97, line 35, at end insert—
"Special provision for pubs etc.
Dancing and live music in pubs etc.
(1) This section applies where—
(a) a premises licence authorises—
(i) the supply of alcohol for consumption on the premises, and
(ii) music entertainment, and
(b) the premises—
(i) are used primarily for the supply of alcohol for consumption on the premises, and
(ii) have a permitted capacity of not more than 200 persons.
(2) At any time when the premises—
(a) are open for the purposes of being used for the supply of alcohol for consumption on the premises, and
(b) are being used for music entertainment, any condition of the premises licence which relates only to the music entertainment, and is imposed by virtue of section 19(3)(b), 35(3)(b), 52(3) or 166(5)(b), does not have effect unless it falls within subsection (3) or (4).
(3) A condition falls within this subsection if the premises licence specifies that the licensing authority which granted the licence considers the imposition of the condition necessary on one or both of the following grounds—
(a) the prevention of crime and disorder,
(b) public safety.
(4) A condition falls within this subsection if, on a review of the premises licence,—
(a) it is altered so as to include a statement that this section does not apply to it, or
(b) it is added to the licence and includes such a statement.
(5) This section applies in relation to a club premises certificate as it applies in relation to a premises licence and, in the application of this section to such a certificate, the reference in subsection (2) to section 19(3)(b), 35(3)(b), 52(3) or 166(5)(b) is to be read as a reference to section 72(3)(b), 83(3)(b) or 86(3).
(6) In this section—
"music entertainment" means—
(a) the provision of entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(e) or (g) of Schedule 1, or
(b) the provision of entertainment facilities falling within paragraph 3 of that Schedule, in circumstances where the conditions in paragraph 1(2) and (3) of that Schedule are satisfied;
"permitted capacity", in relation to any premises, means—
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