Police Reform and Social Responsibility Bill (HL Bill 77)

(5) The late night supply period determined by a licensing authority for a levy

year must be the same—

(a) for each payment year beginning during the levy year, and

(b) throughout each such payment year.

(6) Regulations must make provision as to how payment years are to be

determined in relation to holders of premises licences or club premises

5certificates.

(7) Regulations under subsection (6) may, in particular—

(a) provide for a holder’s payment year to be determined by reference to

the period in respect of which the holder is liable to pay an annual fee

under section 55(2) or 92(2) of the Licensing Act 2003, or

(b) 10confer functions or a discretion on licensing authorities in relation to

premises licences and club premises certificates granted by them.

(8) Regulations under subsection (6) which provide for licensing authorities to

determine payment years must require an authority to decide how the

payment years are to be determined at the time the authority decides under

15section 127(2) that the late night levy requirement is to apply in its area.

(9) For the purposes of this section, a payment year is related to a levy year if it

begins at the same time as, or during, the levy year.

129 Liability to pay late night levy

(1) Where the late night levy requirement applies in the area of a licensing

20authority, the holder of a relevant late night authorisation must pay a levy (“the

late night levy”) to the authority in respect of that authorisation for each levy

year, in accordance with this Chapter.

(2) But a holder of a relevant late night authorisation who falls within an

applicable exemption category is not liable to pay the late night levy in respect

25of that authorisation for the levy year.

(3) For this purpose, “applicable exemption category”, in relation to a levy year,

means a permitted exemption category that the licensing authority has decided

under section 134 or 135 is to apply in its area for the levy year.

130 Amount of late night levy

(1) 30For any levy year, the amount of the levy is—

(a) the amount prescribed by regulations, or

(b) the amount calculated in accordance with regulations.

(2) But in the case of the holder of a relevant late night authorisation who falls

within an applicable reduction category, the amount of the late night levy

35payable in respect of the authorisation is the reduced amount that applies in

relation to that category (see section 137(4)).

(3) For this purpose “applicable reduction category”, in relation to a levy year,

means a permitted reduction category that the licensing authority has decided

under section 134 or 135 is to apply in its area for the levy year.

(4) 40Subject to subsection (2), regulations under subsection (1) must provide for the

amount of the late night levy, or the manner in which it is to be calculated, to

be the same for all persons liable to pay the levy in respect of an authorisation

for the levy year.