Live Music Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 21st July 2011, as follows—

Clauses 1 to 10
Schedule 1
Clauses 11 and 12
Schedule 2
Clauses 13 to 20

[Amendments marked * are new or have been altered]

Clause 1

LORD CLEMENT-JONES

1

Page 1, leave out lines 2 and 3 and insert—

“( ) In section 177 of the Licensing Act 2003 (dancing and live music in certain small premises)—

(a) in subsections (1) and (2), for “the provision of music entertainment” in each place substitute “dancing”,

(b) in subsection (2) omit—

(i) paragraph (b) and “and” immediately before it, and

(ii) in the words following paragraph (b), the words “, in relation to the provision of that entertainment,”,

(c) omit subsections (3) and (4),

(d) in subsection (8)—

(i) for “music entertainment” substitute “dancing” and in paragraph (a) of that definition omit “(e) or”, and

(ii) omit paragraph (b) of that definition and “or” immediately before it, and

(e) in the heading omit “and live music”.

( ) After that section insert—”

2

Page 1, line 4, leave out “177” and insert “177A”

3

Page 1, line 5, leave out “entertainment”

4

Page 1, line 6, leave out “supply” and insert “be used for the supply of”

5

Page 1, line 8, leave out “entertainment”

6

Page 1, line 8, leave out “is supplying” and insert “are open for the purposes of being used for the supply of”

7

Page 1, line 10, leave out “entertainment”

8

Page 1, line 12, leave out “entertainment”

9

Page 1, line 13, leave out “midnight” and insert “11 pm”

10

Page 1, line 13, at end insert “(or, where an order under section 172 has effect, between the hours specified in that order)”

11

Page 1, line 15, leave out “the provision of music entertainment” and insert “live music”

12

Page 1, line 16, leave out “provision of that entertainment” and insert “live music”

13

Page 1, line 17, at end insert “or is added to the licence in accordance with subsection (3A)”

14

Page 1, leave out lines 22 and 23

15

Page 1, line 23, at end insert—

“(3A) On a review of a premises licence or club premises certificate a licensing authority may (without prejudice to any other steps available to it under this Act) add a condition relating to live music as if—

(a) the live music were regulated entertainment, and

(b) the licence or certificate licensed the live music.”

16

Page 2, leave out lines 1 to 3

17

Page 2, line 5, leave out from “means” to end of line 12 and insert “a condition—

(a) included in a premises licence by virtue of section 18(2)(a) or (3)(b), 35(3)(b), 52(3) or 167(5)(b),

(b) included in a club premises certificate by virtue of section 72(2)(a) or (3)(b), 85(3)(b) or 88(3),

(c) added to a premises licence by virtue of its inclusion in an application to vary the licence in accordance with section 34 or 41A which is granted under section 35(2) or 41B(3) (as the case may be), or

(d) added to a club premises certificate by virtue of its inclusion in an application to vary the certificate in accordance with section 84 or 86A which is granted under section 85(2) or 86B(3) (as the case may be);”

18

Page 2, line 13, leave out ““music entertainment”” and insert ““live music””

Clause 2

LORD CLEMENT-JONES

19

Page 3, line 11, at end insert—

“( ) In paragraph 8 omit “or entertainment facilities”.”

20

Page 3, line 14, leave out subsection (12) and insert—

“( ) In paragraph 11—

(a) omit “or entertainment facilities”, and

(b) omit sub-paragraph (b).”

21

Page 3, line 14, at end insert—

“( ) In paragraph 11A omit sub-paragraph (4).”

Clause 3

LORD CLEMENT-JONES

22

Page 3, line 22, after first “of” insert “entertainment consisting of”

23

Page 3, line 22, leave out from “music” to “is” in line 24

24

Page 3, line 25, leave out from “premises” to end of line 26 and insert “authorised to be used for the supply of alcohol for consumption on the premises by a premises licence or club premises certificate, if—

(a) the requirements of section 177A(1)(a) to (c) are satisfied, and

(b) conditions have not been included in the licence or certificate by virtue of section 177A(3) or (3A).””

25

Page 3, line 28, leave out “not licensed under this Act”

26

Page 3, line 29, after first “of” insert “entertainment consisting of”

27

Page 3, line 29, leave out from “music” to “is” in line 31

28

Page 3, line 34, after “Act” insert “(or is so licensed only for the provision of late night refreshment)”

29

Page 3, line 38, at end insert “and”

30

Page 3, line 39, leave out “midnight” and insert “11 pm”

31

Page 4, line 3, after first “of” insert “entertainment consisting of”

32

Page 4, line 3, leave out from “music” to “is” in line 5

33

Page 4, line 5, after “not” insert “(subject to section 177A(3) and (3A))”

34

Page 4, line 6, leave out “or entertainment”

35

Page 4, line 8, at end insert “and”

36

Page 4, line 9, leave out “midnight” and insert “11 pm”

37

Page 4, leave out lines 10 to 15

Prepared 14th July 2011