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Policing and Crime Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 28th October 2009, as follows—

Clauses 14 to 17
Schedule 1
Clauses 18 to 21
Schedule 2
Clauses 22 to 27
Schedule 3
Clauses 28 to 33
Schedule 4
Clauses 34 to 46
Schedule 5
Clauses 47 to 79
Schedule 6
Clauses 80 to 111
Schedules 7 and 8
Clauses 112 to 116

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 14

 

BARONESS MILLER OF CHILTHORNE DOMER

21Page 17, leave out lines 38 and 39
22Leave out Clause 14
 

Clause 15

 

BARONESS MILLER OF CHILTHORNE DOMER

23Page 18, leave out lines 18 and 19 and insert—
"(c)  A is aware, or ought to be aware, that C has engaged in exploitative conduct of that kind"
24Page 18, leave out lines 23 and 24
25Leave out Clause 15
 

Clause 16

 

BARONESS MILLER OF CHILTHORNE DOMER

 

BARONESS STERN

26Page 18, line 36, after "person" insert "aged 18 or over"
 

BARONESS MILLER OF CHILTHORNE DOMER

27Leave out Clause 16
 

Clause 17

 

BARONESS MILLER OF CHILTHORNE DOMER

28Leave out Clause 17
 

Schedule 1

 

LORD WEST OF SPITHEAD

29Page 137, line 22, after "practicable" insert "and in any event before the end of the period of 72 hours beginning with the time of the arrest"
 

Clause 18

 

BARONESS MILLER OF CHILTHORNE DOMER

30Leave out Clause 18
 

Clause 19

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD PANNICK

31Leave out Clause 19
 

Clause 20

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD PANNICK

32Leave out Clause 20
 

Clause 21

 

BARONESS MILLER OF CHILTHORNE DOMER

33Leave out Clause 21
 

Schedule 2

 

LORD WEST OF SPITHEAD

34Page 142, line 43, leave out "two" and insert "three"
35Page 143, line 17, at end insert—
"(9A)      The third condition is that the court is satisfied that—
(a)  before the issue of the closure notice was authorised, reasonable steps were taken to establish the identity of any person of a description mentioned in section 136B(7)(b), and
(b)  a constable complied with section 136C(3)(d) in relation to the persons so identified."
 

Before Clause 27

 

BARONESS GOULD OF POTTERNEWTON

 

BARONESS GALE

36Insert the following new Clause—
  "Control of sex establishments: local authorities
(1)  Section 2 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments) is amended as follows.
(2)  For subsections (1) to (4) substitute—
"(1)  Schedule 3 to this Act shall have effect with respect to the licensing of sex establishments and the requirements of that Schedule shall apply to all local authorities.""
 

Clause 27

 

BARONESS GOULD OF POTTERNEWTON

 

BARONESS GALE

37Page 24, line 21, at end insert—
"(   )  Section 2 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments) is amended as follows.
(   )  For subsections (1) to (4) substitute—
"(   )  Schedule 3 to this Act shall have effect with respect to the licensing of sex establishments.""
 

LORD WEST OF SPITHEAD

38Page 24, line 24, leave out "sex encounter venue" and insert "sexual entertainment venue"
39Page 24, line 27, leave out "sex encounter venue" and insert "sexual entertainment venue"
40Page 24, line 28, leave out "sex encounter venue" and insert "sexual entertainment venue"
41Page 24, line 38, leave out "sex encounter venues" and insert "sexual entertainment venues"
 

LORD SKELMERSDALE

 

VISCOUNT BRIDGEMAN

42Page 24, line 40, at end insert—
"(   )  premises licensed under Part 3, and clubs granted a certificate under Part 4 of the Licensing Act 2003 (c. 17), whose licenses or certificates—
(i)  authorise relevant entertainment; and
(ii)  have conditions expressly relating to the way relevant entertainment is provided during such time that regulated entertainment is being provided;"
 

BARONESS GOULD OF POTTERNEWTON

 

BARONESS GALE

43Page 24, line 41, leave out from beginning to end of line 48 on page 25
 

LORD WEST OF SPITHEAD

44Page 26, line 5, leave out "sex encounter venue" and insert "sexual entertainment venue"
 

LORD SKELMERSDALE

 

VISCOUNT BRIDGEMAN

45Page 26, line 28, after "licence)" insert "—
(a)  "
46Page 26, line 29, at end insert—
(b)  for "one year or for such shorter" substitute "for such a"
 

LORD WEST OF SPITHEAD

47Page 26, line 37, leave out "sex encounter venues" and insert "sexual entertainment venues"
48Page 26, line 38, leave out "sex encounter venues" and insert "sexual entertainment venues"
49Page 27, line 32, leave out "sex encounter venues" and insert "sexual entertainment venues"
50Page 27, line 34, leave out "sex encounter venue" and insert "sexual entertainment venue"
51Page 27, line 39, leave out "sex encounter venue" and insert "sexual entertainment venue"
 

After Clause 27

 

BARONESS MILLER OF CHILTHORNE DOMER

52Insert the following new Clause—
  "Personal licence for sexual entertainment
(1)  The Local Government (Miscellaneous Provisions) Act 1982 (c. 30) is amended as follows.
(2)  After section 2 (control of sex establishments) insert—
  "Personal licence for sexual entertainment
(1)  In this section "personal licence for sexual entertainment" means a licence which—
(a)  is granted by a licensing authority to an individual, and
(b)  authorises that individual to promote, host or provide relevant entertainment at premises which are not sexual entertainment venues.
(2)  An individual must hold a personal licence for sexual entertainment if they promote, host or provide relevant entertainment on more than six occasions within a period of 12 months at venues which are not sexual entertainment venues.""
 

Schedule 3

 

BARONESS GOULD OF POTTERNEWTON

 

BARONESS GALE

53Page 152, line 3, leave out paragraphs 1 and 2
54Page 152, line 27, leave out from "force" to end of line 30 and insert "of Schedule 3 to the 1982 Act as a consequence of the amendments made to that Act by sections (Control of sex establishments: local authorities) and 27"
 

Clause 28

 

LORD WEST OF SPITHEAD

55Leave out Clause 28
 

Clause 31

 

LORD PANNICK

56Page 28, line 32, after "excuse" insert "or without being under the supervision of a person aged 18 or over"
 

Clause 32

 

LORD WEST OF SPITHEAD

57Page 29, line 29, leave out from beginning to "for" in line 30 and insert—
"(1)  Section 27 of the Violent Crime Reduction Act 2006 (c. 38) (power to require person to leave a public place etc) is amended as follows.
(2)  In subsection (1)"
58Page 29, line 31, at end insert—
"(3)  After subsection (4) insert—
"(4A)  A constable who gives a direction under this section may, if the constable reasonably suspects that the individual to whom it is given is aged under 16, remove the person to a place where the person resides or a place of safety.""
 

Clause 33

 

LORD WEST OF SPITHEAD

59Page 29, line 33, leave out "general" and insert "mandatory"
 

LORD REDESDALE

 

BARONESS MILLER OF CHILTHORNE DOMER

60Leave out Clause 33 and insert the following new Clause—
  "Licensing conditions relating to alcohol
(1)  Section 19 of the Licensing Act 2003 (c. 17) (mandatory conditions where licence authorises supply of alcohol) is amended as follows.
(2)  After subsection (3) insert—
"(4)  The third condition is that the responsible person (as defined in section 153(4)) shall ensure that staff of licensed premises must not carry out (or arrange or participate in) any promotions or activities on the premises for the purpose of promoting the supply, sale or consumption of alcohol which encourages the irresponsible drinking of alcohol, including—
(a)  games or other activities that require or encourage (or are designed to require or encourage) individuals to drink a quantity of alcohol against a time limit (except for finishing already purchased drinks at closing time), or to drink as much alcohol as they can (whether within a time limit or otherwise), or which encourage (or is designed to require or encourage) individuals to drink alocohol irresponsibly;
(b)  promotions for free or discounted alcohol to any group that is defined by sex, age, appearance, vocation, dress or numbers within the group (except any promotion or discount that is made with a table meal as defined in section 159);
(c)  providing unlimited or unspecified quantities of alcohol for a fixed or discounted fee which relates to alcohol and entry to the premises offers;
(d)  selling or supplying alcohol subject to conditions that encourage or reward (or are designed to encourage or reward) the purchase and consumption of alcohol in one 24-hour period by the awarding of a prize, including the award of free gifts or free alcohol;
(e)  selling or supplying alcohol for free or at a discounted price dependent upon the occurrence or non-occurrence of unpredictable events occurring or being viewed on the premises; and
(f)  promotions on the premises, other than those already covered by the Committee of Advertising Practice (CAP) and the Broadcast Comittee of Advertising Practice (BCAP) advertising codes, for the sale or supply of alcohol that could be interpreted as conditioning, encouraging or glamorising irresponsible drinking or drunkenness or encouraging anti-social behaviour, or referring to the effects of alcohol intoxication in any favourable manner.""
 

After Clause 33

 

LORD WEST OF SPITHEAD

61Insert the following new Clause—
  "Individual members of licensing authorities to be interested parties
(1)  In section 13(3) of the Licensing Act 2003 (meaning of "interested party": premises licences) after paragraph (d) insert—
"(e)  a member of the relevant licensing authority."
(2)  In section 69(3) of that Act (meaning of "interested party": club premises certificates) after paragraph (d) insert—
"(e)  a member of the relevant licensing authority.""
 

BARONESS MILLER OF CHILTHORNE DOMER

62Insert the following new Clause—
  "Review of premises licence
(1)  The Licensing Act 2003 (c. 17) is amended as follows.
(2)  In section 51 (application for review of premises licence) after subsection (1) insert—
"(1A)  An interested party or a responsible authority may apply to the relevant licensing authority for a review of the licence on the grounds that a licensed premise is persistently selling alcohol below cost price."
(3)  In section 52 (determination of application for review) after subsection (3) insert—
"(3A)  In determining an application under section 51(1A), the authority may, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) if it is satisfied that a licensed premise is persistently selling alcohol below cost price.""

 
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©Parliamentary copyright 2009
4 November 2009