COMMONS AMENDMENT (Hansard, 19 June 2003)

§ Lord McIntosh of Haringey

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 18 and speak also to Amendments Nos. 19, 51, 53, 54, 68 to 81 and 84. This is a group of minor technical amendments made at Report stage in another place. Government Amendments Nos. 18 and 19 are minor amendments perfecting the drafting of the Bill in relation to 932 applications to vary the individual specified in a premises licence as the designated premises supervisor. It is only for premises licences authorising the supply of alcohol that a designated premises supervisor is required, because of the particular issues that arise from the supply and consumption of alcohol, and the responsibilities which go with that. The centrality of the concept of the designated premises supervisor has been discussed at great length in both Houses.

Clause 37 provides that the holder of a premises licence may apply to vary the licence to specify a new premises supervisor. Government Amendment No. 18 will ensure that where premises licence holders have applied to vary a premises licence under Clause 34 to add the licensable activity of the supply of alcohol to other licensable activities, they may apply to vary the licence to specify premises supervisors, and this right is not restricted to just those who already hold licences authorising the supply of alcohol.

Government Amendment No. 19 makes it clear that any applications under Clause 37 which may be given immediate effect for an interim period under Clause 38 must be applications in respect of premises licences which already authorise the supply of alcohol.

Government Amendments Nos. 51 and 53 are technical amendments to improve the drafting in Clauses 149 and 152. Amendment No. 54 perfects the drafting of the Bill by changing "disturbance" at the end of subsection (3) to "nuisance". That will ensure consistency and avoid any confusion about what the police must have regard to.

Government Amendment No. 70 adds part of the schedule to the Common Informers Act 1951, which refers to two other pieces of legislation, to the list of existing legislation to be repealed by the Bill. Both pieces of legislation, the Universities (Wine Licences) Act 1743 and the Sunday Observance Act 1780, are themselves repealed by the Bill as they no longer include provisions which can have effect. I am rather pleased to be involved in repealing the Sunday Observance Act 1780. The repeal of the latter fulfils a commitment given by the Government to include it in the Bill.

Amendment No. 72 adds a section of the Licensing (Scotland) Act 1976 to be repealed. Government Amendments Nos. 81 and 84 correct minor drafting errors.