Licensing of Pavement Cafés Bill Marshalled List of Amendments Consideration Stage Tuesday 4 March 2014

Amendments tabled up to 9.30am Thursday, 27 February 2014 and selected for debate

The Bill will be considered in the following order -

Clauses, Schedule and Long Title

Amendment 1 [Made without division]

Clause 1 , Page 1, Line 10

After ‘market’ insert ‘area’

Minister for Social Development

Amendment 2 [Negatived on division]

Clause 6 , Page 4, Line 41

At end insert -

‘(1A) A pavement café licence must include a condition requiring the licence holder, so far as is reasonably practicable, not to display in the area covered by the licence anything that would be detrimental to good relations between persons of different religious belief, political opinion or racial group.’

Mr Stewart Dickson
Mr Kieran McCarthy

Amendment 3 [Made without division]

Clause 14 , Page 11, Line 26

Leave out from ‘any’ to ‘with’ and insert ‘the licence holder has persistently failed to comply with any condition of the licence’

Minister for Social Development

Amendment 4 [Made without division]

Clause 19 , Page 13, Line 23

Leave out subsection (1) and insert -

‘(1) Before deciding to revoke, suspend or make a compulsory variation of a pavement café licence, a council must (subject to subsection (1D)) notify the licence holder in writing of its proposal to revoke, suspend or vary the licence.

(1A) A notification under subsection (1) must state ¾

(a) the grounds for the proposed revocation, suspension or variation; and

(b) that representations in writing relating to the proposal may be made by the licence holder to the council until the end of a period specified in the notification.

(1B) Any period specified under subsection (1A)(b) must be at least 21 days beginning with the date when the notification is sent unless the council considers that there are particular circumstances which make a shorter period necessary in the public interest.

(1C) In deciding whether to revoke, suspend or make the proposed variation of the licence the council must take into account any representations made by the licence holder within the period specified under subsection (1A)(b).

(1D) If it considers that there are particular circumstances which make it necessary to do so in the public interest, a council may decide whether to revoke, suspend or make a compulsory variation of a pavement café licence even though no notification has been given under subsection (1).

(1E) Where a council decides to revoke, suspend or make a compulsory variation of a pavement café licence, the council must give notice in writing to the licence holder of the revocation, suspension or variation.’

Minister for Social Development

Amendment 5 [Made without division]

Clause 19 , Page 13, Line 25

Leave out ‘this section’ and insert ‘subsection (1E)’

Minister for Social Development

Amendment 6 [Made without division]

Clause 19 , Page 13, Line 30

Leave out from ‘this section’ to ‘the notice’ in line 31 and insert ‘subsection (1E) may provide for the revocation, suspension or variation to take effect on the date when that notice’

Minister for Social Development

Amendment 7 [Made without division]

Clause 19 , Page 13, Line 36

At end insert -

‘(4A) A notice under subsection (1E) may be withdrawn at any time before the revocation, suspension or variation takes effect.’

Minister for Social Development

Amendment 8 [Made without division]

Clause 19 , Page 13, Line 37

Leave out ‘a council has suspended a pavement café licence, it’ and insert ‘a suspension of a pavement café licence has taken effect, the council’

Minister for Social Development

Amendment 9 [Made without division]

Clause 19 , Page 13, Line 41

Leave out ‘(4)’ and insert ‘(4A)’

Minister for Social Development

Amendment 10 [Made without division]

Clause 21 , Page 14, Line 37

At end insert -

‘(2A) Where a pavement café licence is granted or renewed and a period is specified under section 5(5)(a) in the licence, the licence holder may appeal against the council’s decision to specify that period.’

Minister for Social Development

Amendment 11 [Made without division]

Clause 30 , Page 18

Leave out lines 30 to 32 and insert -

‘“market area” means a place where a person has a right (exercisable at particular times) to hold a market or fair; and in this definition “right” means a right acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of a statutory provision;’

Minister for Social Development

Amendment 12 [Made without division]

Schedule , Page 22, Line 9

Leave out line 9 and insert ‘in Article 69J(2), the reference to the premises’

Minister for Social Development

Amendment 13 [Made without division]

Schedule , Page 23

Leave out lines 32 to 39 and insert -

‘“(f) where a pavement café licence is in force, trading carried out in the area covered by the licence, if the trading ¾

(i) takes place at a time when that area has temporary furniture on it that under the terms of the licence is permitted to be there at that time;

(ii) is done in the course of a business which is carried on by the licence holder at the premises specified in the licence;

(iii) relates to the supply of food or drink in or from those premises for consumption on that area; and

(iv) does not involve a contravention of the conditions of the licence.”.’

Minister for Social Development

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