LICENSING BILL [HL] - CONSIDERATION OF
COMMONS AMENDMENTS |
1. The Committee reported on this bill in its
1st Report of this Session
and published the Government's response to recommendations made
in that report in its 12th Report.
2. In a letter dated 4 June 2003 from Dr Kim
Howells MP, Minster for Tourism, Film and Broadcasting at the
Department for Culture, Media and Sport, the Committee was informed
about amendments to be taken in the Commons which included new
delegated powers. The letter (including an annex setting out the
amendments and an explanation of the amendments) is printed in
Annex 1 to this report. The amendments were agreed by the Commons
and are now before the House for consideration.
3. Under clause 98, an individual is required
to submit a "temporary event notice" where he wishes
to carry out a licensable activity which is not covered by a premises
licence or club premises certificate. The period during which
premises may be temporarily used for permitted licensable activities
is limited to a maximum of 72 hours (to be increased to 96 hours
by amendments also before the House) and the number of persons
allowed on the premises during that period is limited to a maximum
of 500. The purpose of the amendment, identified in Annex A to
the letter, to clause 98 is to enable the Secretary of State,
by order subject to affirmative procedure, to alter both the maximum
period and the maximum number of persons.
4. Clause 105 provides that a licensing authority
must issue a counter notice in respect of a temporary event notice
when certain limits (such as the number of notices previously
submitted by a premises user) have been reached. The purpose of
the amendment, identified in Annex A to the letter, to clause
105 is to enable the Secretary of State, by order subject to affirmative
procedure, to amend those limits.
5. In each case, we find both the delegation
and the level of scrutiny appropriate.
6. There is nothing in these amendments
to which the Committee wishes to draw the attention of the House.
2 HL Paper 9, Session 2002-03. Back
HL Paper 63, Session 2002-03. Back