Commons Insistence and Amendment in Lieu

Part of the debate – in the House of Lords at 4:05 pm on 3 July 2003.

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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."