Back to the Scottish Parliament Business Bulletin No.129/2005: Friday 16 September 2005
Archive Home

Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

Annual reports

An
A
D
I

Section G – Bills

New amendments to Bills lodged on 15 September 2005

Housing (Scotland) Bill – Stage 2

Section 22

Tricia Marwick

15 In section 22, page 9, line 31, after <tenant> insert <or a person acting on their behalf>

Tricia Marwick

16 In section 22, page 9, line 35, after <tenant> insert <or a person acting on their behalf>

Section 23

Tricia Marwick

17 In section 23, page 10, line 18, after <tenant> insert <or a person acting on their behalf>

Tricia Marwick

18 In section 23, page 10, line 30, at end insert <or a person acting on their behalf>

Licensing (Scotland) Bill – Stage 2

Schedule 1

Mr David Davidson

131 In schedule 1, page 82, leave out lines 33 to 35

Section 7

Mr David Davidson

132 Leave out section 7

Section 9

Mr David Davidson

133 In section 9, page 6, line 10, at end insert—

<( ) The Scottish Ministers must keep a register (referred to in this Act as a "national licensing register") containing details of all premises and personal licences issued by Licensing Boards.

( ) The details contained in the national licensing register must include—

(a) details of any relevant or foreign offence of which the premises licence holder or, as the case may be, personal licence holder has been convicted, and

(b) such other details as the Scottish Minister may by regulations specify.

( ) The Scottish Ministers must make the national licensing register available for public inspection—

(a) at all reasonable times, and

(b) on any website that the Scottish Ministers may maintain on the internet.>

After section 9

Mr David Davidson

134 After section 9, insert—

<National licensing forum

National licensing forum

Any national licensing forum established by the Scottish Ministers must include within its membership at least one representative of—

(a) a body representing the interests of persons who sell alcohol for consumption on the premises on which it is sold, and

(b) a body representing the interests of persons who sell alcohol for consumption off the premises on which it is sold.>

Schedule 2

Mr David Davidson

135 In schedule 2, page 85, line 13, leave out <10> and insert <20>

Section 15

Bruce Crawford

136 In section 15, page 8, line 23, leave out subsection (2) and insert—

<(2) A sheriff may on the application of a Licensing Standards Officer issue a warrant authorising a Licensing Standards Officer to exercise the powers specified in subsection (3) in relation to any other premises in the area if the sheriff is satisfied—

(a) that alcohol is being sold on the premises, or

(b) that there are reasonable grounds for believing that alcohol is being sold on the premises.

(2A) A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the date of issue.>

Bruce Crawford

137 In section 15, page 8, line 33, leave out <the Officer thinks necessary> and insert <is reasonably necessary to enable the Officer to determine the matters referred to in subsection (1)>

Bruce Crawford

138 In section 15, page 8, line 33, at end insert—

<( ) Entry and inspection under subsection (3) must be conducted at a reasonable hour, unless it appears to the Licensing Standards Officer that complying with this requirement may frustrate the purposes of the inspection.>

Section 20

Paul Martin

139 In section 20, page 11, line 3, at end insert <; and

(b) a report detailing—

(i) all cases of antisocial behaviour identified by police officers in the police area as having taken place on, or in the vicinity of, the premises; and

(ii) all complaints or other representations made to police officers in the police area concerning antisocial behaviour on, or in the vicinity of, the premises.>

Paul Martin

140 In section 20, page 11, line 21, after <section> insert—

<"antisocial behaviour" has the same meaning as in section 143 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8); and>

Section 21

Mr David Davidson

141 In section 21, page 11, line 24, leave out <any> and insert <the appropriate chief constable or any other>

Bruce Crawford

142 In section 21, page 11, line 24, after <any> insert <interested>

Bruce Crawford

143 In section 21, page 11, line 33, at end insert—

<( ) For the purposes of this section, a person is an interested person if, in the opinion of the Licensing Board, the person—

(a) lives sufficiently close to the premises to which the application relates to be likely to be affected by the carrying on of the activities described in the operating plan for the premises,

(b) has business interests that might be affected by the carrying on of those activities, or

(c) represents persons who satisfy paragraph (a) or (b).>

Section 22

Mr David Davidson

144 In section 22, page 12, leave out lines 29 to 35

Paul Martin

145 In section 22, page 13, line 2, at end insert—

<( ) with any licensing objective, the Licensing Board must take into account any report made by the appropriate chief constable under subsection (3)(b) of section 20>

Mr David Davidson

146 In section 22, page 13, line 14, leave out subsection (9)

Schedule 3

Mr David Davidson

147 In schedule 3, page 87, leave out lines 28 to 33

Section 28

Mr David Davidson

148 In section 28, page 17, leave out lines 30 to 36

Mr David Davidson

149 In section 28, page 18, line 3, leave out subsection (8)

Section 34

Mr David Davidson

150 In section 34, page 21, line 8, leave out <Any> and insert <The appropriate chief constable or any other>

Section 36

Mr David Davidson

151 In section 36, page 23, line 8, leave out <any> and insert <the appropriate chief constable or any other>

Section 55

Mr David Davidson

152 In section 55, page 33, line 37, leave out <any> and insert <the appropriate chief constable or any other>

Schedule 4

Mr David Davidson

153 In schedule 4, page 89, leave out lines 15 to 20

Section 117

Mr David Davidson

154 In section 117, page 66, leave out line 7

Mr David Davidson

155 In section 117, page 66, leave out lines 10 and 11

Mr David Davidson

156 In section 117, page 66, leave out lines 14 and 15

Section 118

Mr David Davidson

157 In section 118, page 66, line 38, after <vessel> insert <(other than a passenger ferry)>

After section 118

Mr David Davidson

158 After section 118, insert—

<Passenger ferries

(1) For the purposes of this Act’s application to passenger ferries—

"premises" means all vessels used by a particular operator on a particular route, and

"the appropriate Licensing Board" means the Licensing Board in whose area the headquarters of the operator are situated.

(2) A Licensing Standards Officer may exercise the general function mentioned in section 14(1)(b) and the powers mentioned in section 15 in respect of any passenger ferry for the time being within the Officer’s council area.

(4) Nothing in this Act affects any other enactment or rule of law which permits the master of a passenger ferry to refuse the service of alcohol to any person or persons.>

After section 119

Mr David Davidson

159 After section 119, insert—

<Sports grounds and sporting events

Sporting grounds and sporting events

In section 18 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)—

(a) in subsection (1), for "subsection (2)", substitute "subsections (2) and (2A)", and

(b) after subsection (2), insert—

"(2A) Sections 19, 20(2), 20(7) and 21(e)(ii) of this Act do not apply to sports grounds or sporting events designated in an order under subsection (1) unless, on the application of a person mentioned in subsection (2B), the Scottish Ministers have confirmed that designation in respect of a date or dates specified in the application.

(2B) Those persons are—

(a) the chief constable for the area in which the sports ground is situated or the sporting event is to be held;

(b) the managers of the sports ground or sporting event in respect of which the application is made.".>

Section 127

Paul Martin

160 In section 127, page 71, line 23, at end insert <, and

( ) in respect of the recovery from particular licence holders of sums not exceeding any increase in the cost of providing public services (including policing) which is directly attributable to activities in, or in the vicinity of, or by customers of, or staff employed in, the premises in respect of which the licence is held.>

Section 138

Mr David Davidson

161 In section 138, page 78, leave out line 14

Management of Offenders etc. (Scotland) Bill – Stage 2

Section 11

Hugh Henry

42 In section 11, page 13, line 4, leave out <Parole Board.> and insert <Scottish Ministers.

( ) The Scottish Ministers are to refer to the Parole Board the case of any person who makes such representations.>

Hugh Henry

43 In section 11, page 13, line 5, leave out <such representations> and insert <the case>

Section 12

Hugh Henry

44 In section 12, page 13, line 24, leave out <person charged with the offence> and insert <accused>

Hugh Henry

45 In section 12, page 13, line 29, leave out <person of an offence if the person> and insert <accused of an offence if the accused>

Hugh Henry

46 In section 12, page 13, line 30, at end insert <;or

( ) which has made an order under section 104(1)(b) in respect of the accused if the accused is subject to those requirements by virtue of that order>

An
A
D
I