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 |