STOP PRESS

Consideration of Lords Amendments: 24th June 2003
Licensing Bill [Lords] continued

Commons amendment No 62

Secretary Tessa Jowell

*To move, That this house insists on its amendment No 62 to which the Lords have disagreed and disagrees to the Amendment (No 62A) proposed by the lords in lieu of that Amendment.

Secretary Tessa Jowell

To move, the following Amendment to the Bill in lieu of the Amendment (No 62A) proposed by the Lords:-

* Page 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 premise licence authorises-
          (i) the supply of alcohol for consumption on the premise,
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 purpose of being used for the supply of alcohol for consumption on the premises,
    and
    (b) are being used for entertainment,
any condition of the premises licence which relates only to the music enetrtainment, 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 submission 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) (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-

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 Schedule1,or

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-

Where a fire certificate issued under the Fire Precautions Act 1971 (c.40) is in force in respect of the premises and that certificate imposes a requirement under section 6(2)(d) of that Act, the limit on the number of persons who, in accordance with that requirement, may be on the premises at any one time, and

In any other case, the limit on the number of persons who may be on the premises at any one time in accordance with a recommendation made by, or on behalf of, the fire authority for the area in which the premises are situated (or, if the premises are situated in the area of more than one fire authority, those authorities); and

"supply of alcohol" means-

the sale by retail of alcohol, or

the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club"..

LICENSING BILL [LORDS] 9programme0 9No.3)

Secretary Tessa Jowell
Peter Hain

That the following provisions shall apply to the Licensing Bill[Lords] for the purpose of supplementing the Orders of 24th March 2003 and 16th June 2003.

Consideration of Lords Message

1 proceeding on consideration of the Lords Message shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

2. Those proceedings shall be taken in the following order, namely, the Lords Amendment in lieu of Commons Amendment No 62, the Lords Reasons for disagreeing to Commons Amendments Nos. 6,15,16,20 and 21 and the Lords Amendment in lieu of words left out of the Bill by Commons Amendment No.50.

Subsequent stages

3. Any further message from the lords may be considered forthwith without any Questions put.