Policing and Crime Bill (HC Bill 3)

(7) 10In this section, “the appropriate national authority” means—

(a) in or as regards England and Wales, the Secretary of State;

(b) in or as regards Scotland, the Scottish Ministers.””

(3) In the Schedule to the Firearms (Amendment) Act 1988 (firearms and
ammunition in museums), omit paragraph 3.

(4) 15Before paragraph 4 insert—

“3A (1) The Secretary of State may by regulations authorise the appropriate
national authority to require payment of a fee before a licence is
granted, varied or renewed.

(2) Regulations under sub-paragraph (1) must specify the amount of
20any fee that may be charged.

(3) The regulations may make different provision for different cases
(including specifying different fees for different cases).

(4) The regulations may include—

(a) incidental, supplementary or consequential provision;

(b) 25transitional, transitory or saving provision.

(5) Regulations under this paragraph are to be made by statutory
instrument.

(6) A statutory instrument containing regulations under this paragraph
is subject to annulment in pursuance of a resolution of either House
30of Parliament.

(7) In this section, “the appropriate national authority” means—

(a) in or as regards England and Wales, the Secretary of State;

(b) in or as regards Scotland, the Scottish Ministers.””

(5) In consequence of the amendment made by subsection (2), omit section 15(6)
35of the Firearms (Amendment) Act 1988.

109 Guidance to police officers in respect of firearms

(1) The Firearms Act 1968 is amended as follows.

(2) After section 55 insert—

“55A Guidance as to exercise of police functions

(1) The Secretary of State may issue guidance to chief officers of police as
to the exercise of their functions under, or in connection with, this Act.

(2) 5The Secretary of State may revise any guidance issued under this
section.

(3) The Secretary of State must arrange for any guidance issued under this
section, and any revision of it, to be published.

(4) A chief officer of police must have regard to any guidance issued under
10this section.

(5) Before issuing guidance under this section, the Secretary of State must
consult—

(a) the National Police Chiefs’ Council, and

(b) the chief constable of the Police Service of Scotland.””

(3) 15In section 44 (appeals against police decisions), after subsection (3) insert—

“(3A) The court or sheriff hearing an appeal must have regard to any
guidance issued under section 55A that is relevant to the appeal.””

Part 7 Alcohol: licensing

110 20Meaning of “alcohol”: inclusion of alcohol in any state

In the Licensing Act 2003, in section 191(1) (meaning of “alcohol”) after “liquor”
insert “(in any state)”.

111 Interim steps pending review: representations

(1) In the Licensing Act 2003, section 53B (interim steps pending review) is
25amended as follows.

(2) In subsection (6) at the beginning insert “Subject to subsection (9A),”.

(3) After subsection (9) insert—

“(9A) Where the relevant licensing authority has determined under
subsection (8) whether to withdraw or modify the interim steps taken,
30the holder of the premises licence may only make further
representations under subsection (6) if there has been a material change
in circumstances since the authority made its determination.””

112 Summary reviews of premises licences: review of interim steps

(1) The Licensing Act 2003 is amended as follows.

(2) 35Section 53C (review of premises licence following review notice) is amended as
follows.

(3)
In subsection (2)—

(a) at the end of paragraph (a) insert “and”,

(b) in paragraph (b) omit “and”, and

(c) omit paragraph (c).

(4)
After subsection (11) insert—

“(12) 5Section 53D makes provision about the application and review of any
interim steps that have been taken under section 53B in relation to a
premises licence before a decision under this section comes into effect
in relation to the licence.””

(5) After section 53C insert—

“53D 10Interim steps pending section 53C decision coming into effect

(1) At the hearing to consider an application for a review under section
53A, the relevant licensing authority must review any interim steps that
have been taken by the relevant licensing authority under section 53B
that have effect on the date of the hearing.

(2) 15In conducting the review under this section, the relevant licensing
authority must—

(a) consider whether the interim steps are appropriate for the
promotion of the licensing objectives;

(b) consider any relevant representations; and

(c) 20determine whether to withdraw or modify the interim steps
taken.

(3) The power of the relevant licensing authority on a review under this
section includes a power to take any of the following interim steps—

(a) the modification of the conditions of the premises licence;

(b) 25the exclusion of the sale of alcohol by retail from the scope of the
licence;

(c) the removal of the designated premises supervisor from the
licence;

(d) the suspension of the licence.

(4) 30Any interim steps taken under subsection (3) apply until—

(a) the end of the period given for appealing against a decision
made under section 53C,

(b) if the decision under section 53C is appealed against, the time
the appeal is disposed of, or

(c) 35the end of a period determined by the relevant licensing
authority (which may not be longer than the period of time for
which such interim steps could apply under paragraph (a) or
(b)).

(5) Any interim steps taken under section 53B in relation to a premises
40licence cease to have effect when the decision made under section 53C
comes into effect.

(6) In subsection (2) “relevant representations” means representations
which—

(a) are relevant to one or more of the licensing objectives, and

(b) 45meet the requirements of subsection (7).