Licensing and Registration of Clubs (Amendment) Bill
Notice of Amendments Tabled on
24 January 2011 for Consideration Stage
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
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
Clause 9 , Page 18, Line 42
Leave out ‘120’ and insert ‘104’
Minister for Social Development
Clause 10 , Page 19, Line 4
Leave out ‘subject to negative resolution,’
Minister for Social Development
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
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
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