STOP PRESS

The Government's amendment was passed by by 268 to 159
Considering the previous debates were 400 odd to 40 odd, that was pretty close. Perhaps they didn't understand it either?

The following from Hamish Birchall

In a short Commons debate this evening on the Licensing Bill the Government will overturn the small events exemption won last Thursday (19th June) in the Lords. The Government's position is no surprise. It means that Opposition peers will have another go at a small events exemption when the Bill returns to the Lords on Thursday 03 July (not this Thursday as originally proposed).

This gives a bit more time for Opposition peers to consider reinstating another small events exemption, working with the MU, Performer-Lawyer Group and others.

In place of the small events exemption, the Government is proposing an amendment (see below) that rejects any exemption but seeks to limit local authority conditions to those dealing with crime and disorder and public safety (i.e. not noise or protection of children from harm). It is irrational, convoluted, and in places impenetrable. Members of the Performer Lawyer Group have already dismissed it as 'barking'. Conservative and Liberal Democrats will vote against it, but the chances of any more than one or two Labour rebels are slim.

One reason for the Government's position was a letter from the Association of Chief Police Officers (ACPO) sent to Secretary of State Tessa Jowell on 20 June urging Jowell to reverse the exemption. However, ACPO's focus was not pubs, but on events in premises where they have no powers of closure - in other words, places without a premises licence for alcohol. ACPO's letter included this comment: 'The differences [between heavy metal and string quartets] extend not only to the level of noise emanating from the venue (which could be a venue outdoors) but also to the type of clientele attending the event and which therefore may give rise to concerns regarding crime, disorder and nuisance and also issues surrounding the protection of children from harm'. Arguable perhaps, but just because heavy metal exists, why should that justify a blanket licensing requirement on string quartets and solo pianists?

It would have been a simple matter for the Government to address these concerns by restricting an exemption to premises that will already be licensed for alcohol or some other regulated entertainment. But, for the moment, the Government has rejected this notion. Odd that they have taken ACPO's hypothetical concerns so enthusiastically on board this time, when they have consistently ignored ACPO's recommendation that televised sporting events be licensable even though ACPO has plenty of evidence already that they are 'quite frequently a source of disorder'.

Once I have read the Hansard record tomorrow I will send a further update with recommendations for who to write to and a draft letter.

~ ~ ~

GOVERNMENT'S REPLACEMENT AMENDMENT FOR SMALL EVENTS EXEMPTION:

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 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

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

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.'.