Live Music Bill [HL]

In proposed Section 177(5), the Bill sets out a list of conditions which, if they relate to live music, do not have effect in respect of premises with small audiences unless and until there is a licence review bringing them into effect. However, the proposed definition of condition, while referring to various sections by which conditions can be imposed, uses the phrase, "““including, but not limited to””." The purpose of the amendment is explicitly to include all the provisions in the Licensing Act 2003 by which conditions can be added or imposed which are intended to fall within the operation of Section 177A and therefore remove the words, "““including, but not limited to””," which are too vague. The amendment also removes references in proposed Section 177(5) to conditions imposed under Sections 53B and 53C of the 2003 Act. These were inserted in the 2003 Act by the Violent Crime Reduction Act 2006 and relate to conditions that may be imposed on a summary review, or pending such review, in respect of premises which are licensed to sell alcohol and which are associated with serious crime or serious disorder. Given the seriousness of the circumstances that are likely to lead to a review under these provisions, the condition should definitely be removed from the list of conditions not having effect. The amendment also includes reference to conditions added to a premises licence or a club premises certificate as a result of inclusion in an application to vary such licence or certificate. There is no reason why conditions arising in this way should be treated any differently from those imposed by a licensing authority on the grant of a licence. I beg to move. Amendment 17 agreed. Amendment 18 Moved by