Commons Insistence and Amendment in Lieu — 3 Jul 2003 at 17:00

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-

62B 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-

(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-

(a) 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

(b) 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-

(a) the sale by retail of alcohol, or

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

rose to move, That the House do not insist on its disagreement to Commons Amendment No. 62, do not insist on Lords Amendment No. 62A, and do agree with the Commons in their Amendment No. 62B, but do propose Amendments Nos. 62C to 62J to Commons Amendment No. 62B and do propose Amendment No. 62L in lieu of the words left out of the Bill by Amendment No. 62-

62CLine 4, leave out "This section" and substitute "Subsection (2)"

62DLine 7, after "(ii)" insert "the provision of"

62ELine 12, leave out from "when" to end of line 18 and insert-

'(a) the premises-

(i) are open for the purposes of being used for the supply of alcohol for consumption on the premises, and

(ii) are being used for the provision of music entertainment, and

(b) subsection (2B) does not apply, any licensing authority imposed condition of the premises licence which relates to the provision of music entertainment does not have effect, in relation to the provision of that entertainment, unless it falls within subsection (3) or (4).

(2A) Subsection (2B) applies where-

(a) a premises licence authorises the provision of music entertainment, and

(b) the premises have a permitted capacity of not more than 200 persons.

(B) At any time between the hours of 8 a.m. and midnight when the premises-

(a) are being used for the provision of music entertainment which consists of-

(i) the performance of unamplified, live music, or

(ii) facilities for enabling persons to take part in entertainment within sub-paragraph (i), but

(b) are not being used for the provision of any other description of regulated entertainment, any licensing authority imposed condition of the premises licence which relates to the provision of the music entertainment does not have effect, in relation to the provision of that entertainment, unless it falls within subsection (4)."

62FLine 30, leave out from "licence" to end of line 32 and insert "except that, in the application of this section in relation to such a certificate, the definition of "licensing authority imposed condition" in subsection (6) has effect as if for "section 19(3)(b)" to the end there were substituted "section 72(3)(b) (but is not referred to in section 72(2)) or which is imposed by virtue of section 83(3)(b) or 86(3)"."

62GLine 33, at end of line insert-

""licensing authority imposed condition" means a condition which is imposed by virtue of section 19(3)(b) (but is not referred to in section 19(2)(a)) or which is imposed by virtue of 35(3)(b), 52(3) or 166(5)(b) or in accordance with section 21;"

62HLine 35, leave out "the provision of"

62JLine 38, leave out from "(b)" to end of 41 and insert "facilities enabling persons to take part in entertainment within paragraph (a);"

62LSchedule 1, page 112, line 12, at end insert-

:TITLE3:"Morris dancing etc.

The provision of any entertainment or entertainment facilities is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the provision of-

(a) a performance of morris dancing or any dancing of a similar nature or a performance of unamplified, live music as an integral part of such a performance, or

(b) facilities for enabling persons to take part in entertainment of a description falling within paragraph (a)."

rose to move, as an amendment to the Motion in the name of the Lord McIntosh of Haringey, leave out from "62" to end and insert "but do insist on their Amendment No. 62A to which the Commons have disagreed and do disagree with the Commons in their Amendment No. 62B".

On Question, Whether the said amendment (No. 62K) shall be agreed to?

Their Lordships divided: Contents, 75; Not-Contents, 145.

Debate in Parliament | Historical Hansard | Source |

Public Whip is run as a free not-for-profit free service. If you'd like to support us, please consider switching your electricity and/or gas to Bulb Energy who provide 100% renewable electricity and tend to be 20% cheaper than the 'Big Six'. They'll also pay any exit fees (up to £120) from your old supplier AND give you (and us) a £50 credit for joining up via our Bulb Referral Link.

All Votes Cast - sorted by party

Lords for which their vote in this division differed from the majority vote of their party are marked in red. Also shows which lords were ministers at the time of this vote. You can also see every eligible lord including those who did not vote in this division.

Sort by: Name | Party | Vote

NamePartyVote
Viscount Astor Conaye
Lord Astor of HeverConaye
Earl Attlee Conaye
Lord Baker of DorkingConaye
Lord Blackwell Conaye
Viscount Bridgeman Conaye
Lord Brougham and Vaux Con (front bench)aye
Baroness Buscombe Conaye
Baroness Byford Conaye
The Earl of CaithnessCon (front bench)aye
Lord Campbell of AllowayCon (front bench)aye
Lord Carlisle of BucklowConaye
Baroness Carnegy of LourConaye
Lord Chadlington Conaye
Lord Colwyn Conaye
Lord Cope of BerkeleyCon (front bench)tellaye
Lord Crickhowell Con (front bench)aye
Baroness Cumberlege Conaye
Lord Denham Con (front bench)aye
Lord Dixon-Smith Conaye
Lord Elliott of MorpethConaye
Lord Elton Con (front bench)aye
Baroness Fookes Con (front bench)aye
Lord Freeman Conaye
Lord Glentoran Conaye
Lord Griffiths of FforestfachConaye
Baroness Hanham Conaye
Lord Higgins Conaye
Lord Hodgson of Astley AbbottsConaye
Baroness Hooper Conaye
Earl Howe Conaye
Lord Howe of AberavonConaye
Lord Howell of GuildfordCon (front bench)aye
Lord Hurd of WestwellConaye
Lord Jenkin of RodingConaye
Lord King of BridgwaterConaye
Lord Lane of HorsellConaye
Lord Luke Con (front bench)aye
Lord Lyell Conaye
Lord MacGregor of Pulham MarketCon (front bench)aye
Lord Marlesford Conaye
Lord Mayhew of TwysdenCon (front bench)aye
Lord McColl of DulwichCon (front bench)aye
Lord Mowbray and Stourton Conaye
Lord Moynihan Conaye
Lord Newton of BraintreeConaye
Baroness Noakes Conaye
Lord Northbrook Conaye
The Earl of NortheskConaye
Lord Norton of LouthCon (front bench)aye
Baroness O'Cathain Con (front bench)aye
Lord Pearson of RannochConaye
Lord Renton Conaye
Lord Roberts of ConwyConaye
Baroness Seccombe Contellaye
Lord Sheppard of DidgemereCon (front bench)aye
Lord Skelmersdale Con (front bench)aye
Lord Soulsby of Swaffham PriorCon (front bench)aye
Lord Strathclyde Con (front bench)aye
Lord Swinfen Conaye
Lord Taylor of WarwickConaye
Lord Trefgarne Con (front bench)aye
Baroness Trumpington Conaye
Lord Vinson Con (front bench)aye
Lord Vivian Con (front bench)aye
Lord Waddington Con (front bench)aye
Lord Wakeham Conaye
Lord Craig of RadleyCrossbench (front bench)aye
The Earl of ErrollCrossbenchaye
Baroness Finlay of LlandaffCrossbench (front bench)aye
Lord Kilclooney Crossbenchaye
Lord Molyneaux of KilleadCrossbenchaye
Lord Palmer Crossbenchaye
Baroness Stern Crossbench (front bench)aye
Lord Chan Crossbenchno
Lord Chorley Crossbenchno
Viscount Colville of CulrossCrossbenchno
Lord Marsh Crossbenchno
Lord Weatherill Crossbench (front bench)no
Lord Stoddart of SwindonIndependent Labouraye
Lord Acton Labno
Lord Ahmed Labno
Lord Alli Labno
Baroness Amos Lab (minister)no
Baroness Andrews Lab (minister)no
Lord Archer of SandwellLab (minister)no
Baroness Ashton of UphollandLab (minister)no
Lord Bach Lab (minister)no
Lord Bassam of BrightonLab (minister)no
Lord Berkeley Labno
Lord Bernstein of CraigweilLabno
Baroness Billingham Lab (minister)no
Lord Borrie Labno
Lord Brennan Lab (minister)no
Lord Brett Labno
Lord Brooke of AlverthorpeLabno
Lord Brookman Labno
Lord Campbell-Savours Labno
Lord Carter Labno
Viscount Chandos Labno
Lord Christopher Lab (minister)no
Lord Clarke of HampsteadLabno
Lord Clark of WindermereLabno
Lord Clinton-Davis Lab (minister)no
Baroness Cohen of PimlicoLabno
Baroness Crawley Lab (minister)no
Lord Davies of CoityLabno
Lord Davies of OldhamLab (minister)tellno
Baroness Dean of Thornton-le-FyldeLabno
Lord Desai Lab (minister)no
Lord Dixon Labno
Lord Donoughue Labno
Lord Dormand of EasingtonLabno
Lord Dubs Lab (minister)no
Lord Eatwell Labno
Lord Evans of ParksideLabno
Lord Evans of Temple GuitingLab (minister)no
Lord Falconer of ThorotonLab (minister)no
Baroness Farrington of RibbletonLab (minister)no
Lord Faulkner of WorcesterLabno
Lord Filkin Lab (minister)no
Baroness Gale Labno
Lord Gavron Labno
Baroness Gibson of Market RasenLabno
Lord Gilbert Labno
Lord Goldsmith Lab (minister)no
Baroness Gould of PotternewtonLab (minister)no
Lord Grocott Lab (minister)tellno
Lord Harris of HaringeyLabno
Lord Harrison Lab (minister)no
Lord Haskel Lab (minister)no
Baroness Hayman Labno
Baroness Hilton of EggardonLabno
Baroness Hollis of HeighamLab (minister)no
Baroness Howells of St DavidsLab (minister)no
Lord Hoyle Labno
Lord Hunt of ChestertonLabno
Lord Janner of BraunstoneLab (minister)no
Baroness Jeger Labno
Lord Judd Lab (minister)no
Lord Layard Labno
Lord Lea of CrondallLab (minister)no
Lord Lipsey Labno
Baroness Lockwood Labno
Lord Lofthouse of PontefractLabno
Lord Macdonald of TradestonLabno
Lord MacKenzie of CulkeinLabno
Lord Mackenzie of FramwellgateLabno
Baroness Massey of DarwenLab (minister)no
Lord McCarthy Labno
Lord McIntosh of HaringeyLab (minister)no
Baroness McIntosh of HudnallLabno
Lord Merlyn-Rees Labno
Lord Mishcon Labno
Lord Parekh Lab (minister)no
Lord Paul Lab (minister)no
Lord Peston Lab (minister)no
Lord Puttnam Labno
Baroness Ramsay of CartvaleLabno
Baroness Rendell of BaberghLab (minister)no
Lord Richard Labno
Lord Rooker Lab (minister)no
Lord Sawyer Labno
Baroness Scotland of AsthalLab (minister)no
Lord Sewel Labno
Lord Sheldon Labno
Viscount Simon Lab (minister)no
Lord Stone of BlackheathLabno
Lord Strabolgi Labno
Baroness Symons of Vernham DeanLab (minister)no
Lord Taylor of BlackburnLabno
Lord Turnberg Lab (minister)no
Baroness Turner of CamdenLabno
Baroness Uddin Labno
Baroness Warwick of UndercliffeLab (minister)no
Lord Watson of InvergowrieLabno
Lord Wedderburn of CharltonLabno
Baroness Whitaker Lab (minister)no
Lord Whitty Lab (minister)no
Lord Williams of ElvelLab (minister)no
Lord Williams of MostynLab (minister)no
Lord Woolmer of LeedsLab (minister)no
Lord Addington LDemno
Lord Alderdice LDem (front bench)no
Lord Avebury LDemno
Baroness Barker LDemno
Lord Bradshaw LDemno
Lord Clement-Jones LDemno
Lord Dahrendorf LDemno
Lord Dholakia LDem (front bench)no
Viscount Falkland LDemno
Lord Goodhart LDem (front bench)no
Baroness Hamwee LDemno
Baroness Harris of RichmondLDem (front bench)no
Lord Hooson LDemno
Lord Jacobs LDemno
Lord Lester of Herne HillLDem (front bench)no
Lord McNally LDemno
Lord Newby LDem (front bench)no
Baroness Nicholson of WinterbourneLDemno
Baroness Northover LDem (front bench)no
Lord Oakeshott of Seagrove BayLDem (front bench)no
Lord Phillips of SudburyLDem (front bench)no
Lord Redesdale LDemno
Lord Rennard LDemno
Lord Rodgers of Quarry BankLDemno
Earl Russell LDemno
Lord Russell-Johnston LDemno
Lord Sandberg LDem (front bench)no
Baroness Scott of Needham MarketLDem (front bench)no
Baroness Sharp of GuildfordLDemno
Lord Shutt of GreetlandLDem (front bench)no
Lord Smith of CliftonLDemno
Lord Taverne LDemno
Baroness Thomas of WalliswoodLDemno
Lord Tope LDemno
Lord Tordoff LDemno
Lord Wallace of SaltaireLDem (front bench)no
Baroness Walmsley LDem (front bench)no
Baroness Williams of CrosbyLDem (front bench)no

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

PublicWhip v2 codebase is currently under development - you can join the Slack group to find out more or email [email protected]

The Whip on the Web

Help keep PublicWhip alive