Licensing and Registration of Clubs (Amendment) Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 1 February 2011
Amendments tabled up to 9.30am Thursday, 27 January 2011
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1 [Negatived]
Clause 1 , Page 2, Line 8
Leave out paragraph (1) and insert -
‘(1) A senior police officer may make a closure order in relation to any licensed premises if that officer reasonably believes that -
(a) there is, or is likely imminently to be, disorder on, or in the vicinity of and related to, the premises and their closure is necessary in the interests of public safety; or
(b) a public nuisance is being caused by noise coming from the premises and the closure of the premises is necessary to prevent that nuisance.’
Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn
Amendment 2 [Not moved]
Clause 1 , Page 2, Line 8
Leave out from beginning to ‘believes’ on line 9 and insert -
‘A lay magistrate may, on the application of a senior police officer, make a closure order in relation to any licensed premises if that lay magistrate is satisfied’
Mr Fra McCann
Mr Mickey Brady
Amendment 3 [Not called]
Clause 1 , Page 2, Line 16
Leave out ‘senior police officer’ and insert ‘lay magistrate’
Mr Fra McCann
Mr Mickey Brady
Amendment 4 [Not called]
Clause 1 , Page 3, Line 1
Leave out sub-paragraph (b) and insert -
‘(b) the conditions for an extension are satisfied,’
Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn
Amendment 5 [Not called]
Clause 1 , Page 3, Line 4
At end insert -
‘(1A) The conditions for an extension are that -
(a) in the case of an order made by virtue of Article 69B(1)(a), closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises;
(b) in the case of an order made by virtue of Article 69B(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises.’
Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn
Amendment 6 [Not called]
Clause 1 , Page 3
Leave out lines 19 and 20 and insert -
‘(a) in the case of an order made by virtue of Article 69B(1)(a), closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises;
(b) in the case of an order made by virtue of Article 69B(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises.’
Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn
Amendment 7 [Not called]
Clause 1 , Page 4, Line 16
Leave out sub-paragraphs (a) and (b) and insert -
‘(a) in the case of an order made by virtue of Article 69B(1)(a), consider whether closure is necessary in the interests of public safety because of disorder or likely disorder on the premises, or in the vicinity of and related to, the premises;
(b) in the case of an order made by virtue of Article 69B(1)(b), consider whether closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises; and
(c) in either case, hear representations, if any, from the holder of the licence.’
Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn
Amendment 8 [Made]
New Clause
After clause 3 insert -
‘Irresponsible drinks promotions
3A. After Article 57 of the Licensing Order insert -
“Irresponsible drinks promotions
57A. -(1) Regulations may prohibit or restrict the holder of a licence or the licence holder’s servant or agent from carrying on an irresponsible drinks promotion on or in connection with the licensed premises.
(2) A drinks promotion is irresponsible if it -
(a) relates specifically to any intoxicating liquor likely to appeal largely to persons under the age of 18,
(b) involves the supply of any intoxicating liquor free of charge or at a reduced price on the purchase of one or more drinks (whether or not intoxicating liquor),
(c) involves the supply free of charge or at a reduced price of one or more extra measures of intoxicating liquor on the purchase of one or more measures of the liquor,
(d) involves the supply of unlimited amounts of intoxicating liquor for a fixed charge (including any charge for entry to the premises),
(e) encourages, or seeks to encourage, a person to buy or consume a larger measure of intoxicating liquor than the person had otherwise intended to buy or consume,
(f) is based on the strength of any intoxicating liquor,
(g) rewards or encourages, or seeks to reward or encourage, consuming intoxicating liquor quickly, or
(h) offers intoxicating liquor as a reward or prize, unless the liquor is in a sealed container and consumed off the premises.
(3) Sub-paragraphs (b) to (d) of paragraph (2) apply only to a drinks promotion carried on in relation to intoxicating liquor sold for consumption on the premises.
(4) Regulations may modify paragraph (2) or (3) so as to -
(a) add further descriptions of drinks promotions,
(b) modify any of the descriptions of drinks promotions for the time being listed in it, or
(c) extend or restrict the application of any of those descriptions of drinks promotions.
(5) A person who contravenes any provision of regulations made under this Article is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) Regulations shall not be made under this Article unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
(7) In this Article “drinks promotion” means, in relation to any licensed premises, any activity which promotes, or seeks to promote, the buying or consumption of any intoxicating liquor on the premises.”.’
Minister for Social Development
Amendment 9 [Made]
New Clause
After clause 3 insert -
‘Pricing of intoxicating liquor
3B. After Article 57A of the Licensing Order (inserted by section (Irresponsible drinks promotions)) insert -
“Pricing of intoxicating liquor
57B. -(1) Regulations may -
(a) prohibit or restrict the holder of a licence or the licence holder’s servant or agent from varying the price at which intoxicating liquor is sold on licensed premises during such period or hours as are specified in the regulations;
(b) restrict the price at which the holder of a licence or the licence holder’s servant or agent may sell on licensed premises a package containing two or more intoxicating liquor products.
(2) A person who contravenes any provision of regulations made under this Article is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) Regulations shall not be made under this Article unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
(4) In this Article, “intoxicating liquor product” means a product containing intoxicating liquor and includes the container in which the liquor is for sale.”.’
Minister for Social Development
Amendment 10 [Not moved]
Clause 5 , Page 11, Line 6
Leave out paragraph (1) and insert -
‘(1) A senior police officer may make a closure order in relation to the premises of any registered club if that officer reasonably believes that -
(a) there is, or is likely imminently to be, disorder on, or in the vicinity of and related to, the premises and their closure is necessary in the interests of public safety; or
(b) a public nuisance is being caused by noise coming from the premises and the closure of the premises is necessary to prevent that nuisance.’
Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn
Amendment 11 [Not moved]
Clause 5 , Page 11, Line 6
Leave out from beginning to the end of line 7 and insert -
‘A lay magistrate may, on the application of a senior police officer, make a closure order in relation to the premises of any registered club if that lay magistrate is satisfied’
Mr Fra McCann
Mr Mickey Brady
Amendment 12 [Not called]
Clause 5 , Page 11, Line 14
Leave out ‘senior police officer’ and insert ‘lay magistrate’
Mr Fra McCann
Mr Mickey Brady
Amendment 13 [Not called]
Clause 5 , Page 11, Line 40
Leave out sub-paragraph (b) and insert –
‘(b) the conditions for an extension are satisfied,’
Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn
Amendment 14 [Not Called]
Clause 5 , Page 12, Line 2
At end insert -
‘(1A) The conditions for an extension are that -
(a) in the case of an order made by virtue of Article 41B(1)(a), closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises of the registered club;
(b) in the case of an order made by virtue of Article 41B(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises of the registered club.’
Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn
Amendment 15 [Not called]
Clause 5 , Page 12
Leave out lines 17 and 18 and insert -
‘(a) in the case of an order made by virtue of Article 41B(1)(a), closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises of the registered club;
(b) in the case of an order made by virtue of Article 41B(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises of the registered club.’
Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn
Amendment 16 [Not called]
Clause 5 , Page 12, Line 41
Leave out sub-paragraphs (a) and (b) and insert -
‘(a) in the case of an order made by virtue of Article 41B(1)(a), consider whether closure is necessary in the interests of public safety because of disorder or likely disorder on the premises of the registered club, or in the vicinity of and related to, the premises;
(b) in the case of an order made by virtue of Article 41B(1)(b), consider whether closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises; and
(c) in either case, hear representations, if any, from the secretary of the club.’
Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn
Amendment 17 [Not moved]
Clause 6 , Page 15, Line 19
Leave out ‘3 years’ and insert ‘12 months’
Mr Fra McCann
Mr Mickey Brady
Amendment 18 [Not moved]
Clause 6 , Page 15, Line 27
Leave out ‘3 years’ and insert ‘12 months’
Mr Fra McCann
Mr Mickey Brady
Amendment 19 [Not moved]
Clause 6 , Page 16, Line 3
Leave out ‘3 years’ and insert ‘12 months’
Mr Fra McCann
Mr Mickey Brady
Amendment 20 [Negatived]
Clause 9 , Page 18, Line 42
Leave out ‘120’ and insert ‘104’
Minister for Social Development
Amendment 21 [Made]
Clause 9 , Page 18, Line 42
Leave out ‘120’ and insert ‘85’
Mr Simon Hamilton
Mr Jonathan Craig
Mr John McCallister
Ms Anna Lo
Amendment 22 [Not called]
Clause 9 , Page 18, Line 42
Leave out ‘120’ and insert ‘156’
Mr Fra McCann
Mr Mickey Brady
Amendment 23 [Not moved]
New Clause
After clause 9 insert -
‘Young persons prohibited from bars
9A. -(1) Article 32 of the Registration of Clubs Order (young persons prohibited from bars) is amended as follows.
(2) In paragraph (13) for “9” in each of the three places where it occurs substitute “11”.’
Mr Fra McCann
Mr Mickey Brady
Amendment 24 [Not moved]
New Clause
After clause 9 insert -
‘Restrictions on advertisements relating to functions in registered clubs
9B. Omit Article 38 of the Registration of Clubs Order (restrictions on advertisements relating to functions in registered clubs).’
Mr Fra McCann
Mr Mickey Brady
Amendment 25 [Made]
Clause 10 , Page 19, Line 4
Leave out ‘subject to negative resolution,’
Minister for Social Development
Amendment 26 [Made]
Clause 10 , Page 19, Line 8
Leave out subsection (2) and insert -
‘(2) An order under this section may amend, repeal, revoke or otherwise modify any statutory provision or document.
(3) The power conferred by this section is not restricted by any other provision of this Act.
(4) An order shall not be made under this section unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’
Minister for Social Development
Amendment 27 [Made]
Schedule 1 , Page 21, Line 32
At end insert -
| ‘57A(5) | Contravention of regulations as to irresponsible drinks promotions | 5-6 |
| 57B(2) | Contravention of regulations as to pricing of intoxicating liquor | 5-6’ |
Minister for Social Development
Amendment 28 [Not moved]
Schedule 2 , Page 22, Line 20
At end insert -
| ‘40(2) | Failure to comply with requirement to - (1) keep proper vouchers (2) establish and maintain a system of control (3) prepare annual accounts (4) have accounts audited or examined (5) produce required records etc. to auditor or independent examiner (6) provide summary of accounts to district commander (7) provide summary of accounts to members (8) display accounts for 4 weeks (9) retain records for 6 years |
3-4’ |
Mr Fra McCann
Mr Mickey Brady
Amendment 29 [Not moved]
Schedule 2 , Page 23
Leave out lines 23 to 34
Mr Fra McCann
Mr Mickey Brady
Amendment 30 [Made]
Schedule 3 , Page 24, Line 3
At end insert -
‘ . In Article 2(2) (interpretation) -
(a) in the definition of “licence”, after the word “Articles” insert “57A, 57B,”;
(b) in the definition of “licensed premises”, after “55,” insert “57A, 57B,”.’
Minister for Social Development