Police Reform and Social Responsibility Bill (HL Bill 77)

Administration of late night levy

131 Payment and administration of the levy

(1) Regulations—

(a) must make provision as to collection and administration, and

(b) 5may make provision as to enforcement,

of the late night levy.

(2) Regulations under subsection (1) must make provision as to the time or times

for payment of the levy to a licensing authority by holders of relevant late night

authorisations.

(3) 10Provision made by virtue of subsection (2) may in particular provide for any

such time or times to be determined by reference to the holders’ payment

years.

(4) Regulations under subsection (1) may make provision for adjustments to be

made in cases where—

(a) 15a relevant late night authorisation ceases to be such an authorisation

during the holder’s payment year;

(b) a premises licence or club premises certificate becomes a relevant late

night authorisation during the holder’s payment year;

(c) an order under section 172A of that Act (early morning restriction

20orders) precludes the supply of alcohol by virtue of the relevant late

night authorisation at all the times during the applicable late night

supply period when it would otherwise have been permitted by virtue

of the authorisation;

including in cases where the change occurs after the end of the levy year.

(5) 25Any payment of the late night levy which is owed to a licensing authority

under this Chapter may be recovered as a debt due to the authority.

(6) The following provisions of the Licensing Act 2003 apply for the purposes of

this Chapter—

(a) section 55A (suspension of premises licence for failure to pay annual

30fee);

(b) section 92A (suspension of club premises certificate for failure to pay

annual fee),

but as if a reference to an annual fee, or to the annual fee owed under section

55(2) or 92(2), were a reference to the late night levy, or to the amount of the

35late night levy owed under this Chapter.

(7) Provision that may be made by regulations under this section includes

provision conferring functions or a discretion on licensing authorities.

132 Net amount of levy payments

(1) In this Chapter “the net amount of levy payments” of a licensing authority in

40respect of any period means the amount, calculated in accordance with

regulations, which represents—

(a) the aggregate amount of payments to the authority in respect of the

levy that are attributable to that period, less

(b) the aggregate amount of expenses of the authority attributable to that

period that are permitted deductions under regulations under

subsection (2)(a).

(2) Regulations under subsection (1)—

(a) 5must prescribe descriptions of relevant expenses which may be

deducted for the purposes of calculating the net amount of levy

payments for any period,

(b) may make provision for determining the amounts to be taken into

account in calculating the net amount of levy payments,

(c) 10may make provision for determining the period to which a payment or

deduction is attributable.

(3) In subsection (2)(a), “relevant expenses” means expenses incurred by a

licensing authority in the administration of the late night levy requirement

including, in particular, such expenses incurred in, in connection with or in

15consequence of—

(a) any decision mentioned in section 136(1);

(b) collection of payments of the late night levy;

(c) enforcement of the late night levy requirement.

(4) Expenses incurred by a licensing authority which fall within subsection (3)(a)

20include, in particular, expenses which it incurs in connection with any

application made by virtue of section 136(2)(c).

(5) A licensing authority must publish the following, in respect of each levy year—

(a) before the beginning of the year, a statement of its estimate of the

amount of deductions permitted under regulations under subsection

25(2)(a) to be made in respect of the year;

(b) after the end of the year, a statement of the net amount of levy

payments for the year, showing in particular the amounts mentioned in

paragraphs (a) and (b) of subsection (1) attributable to the year.

(6) It is for the licensing authority to determine the manner in which any statement

30under subsection (5) is to be published.

Application of levy payments

133 Application of net amount of levy payments

(1) The net amount of levy payments for any levy year must be applied as follows.

(2) The licensing authority—

(a) 35must pay the specified proportion of that amount to the relevant local

policing body, and

(b) must apply the remainder of that amount in accordance with

regulations.

(3) In subsection (2)(a), “specified proportion” means the proportion determined

40for the levy year under section 134(1)(b) or 135(1)(d).

(4) The specified proportion must be not less than 70 per cent.

(5) Regulations may amend subsection (4) by specifying a different proportion in

place of the proportion for the time being specified in that subsection.

(6) Regulations may make provision—

(a) as to the time or times at which payments are to be made by the

licensing authority under subsection (2);

(b) for adjustments of payments in cases where payments or repayments

5are made in respect of the levy after the end of the levy year.

(7) Regulations under this section may make provision conferring functions or a

discretion on a licensing authority.

Late night levy requirement: further provision

134 Introduction of late night levy requirement

(1) 10Where a licensing authority decides under section 127 that the late night levy

requirement is to apply in its area, it must also decide—

(a) the date on which the late night levy requirement is first to apply, and

(b) for the first levy year and, subject to section 135, each subsequent levy

year—

(i) 15the late night supply period;

(ii) the permitted exemption categories (if any) that are to apply in

its area;

(iii) the permitted reduction categories (if any) that are to apply in

its area;

(iv) 20the proportion of the net amount of levy payments that is to be

paid to the relevant local policing body under section 133.

(2) Subsection (1)(b)(i) is subject to section 128(4) and (5).

(3) Subsection (1)(b)(iv) is subject to section 133(4).

(4) Regulations under section 136 apply in relation to any decision of a licensing

25authority under section 127 or this section.

135 Amendment of late night levy requirement

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

authority under section 127, the authority may decide—

(a) that the requirement is to cease to apply in the area;

(b) 30that a different late night supply period is to apply;

(c) that any permitted exemption categories or permitted reduction

categories are to apply in addition to any that currently apply, or to

cease to apply, in the area;

(d) that a different proportion of the net amount of levy payments is to be

35paid to the relevant local policing body.

(2) Subsection (1)(b) is subject to section 128(4) and (5).

(3) Subsection (1)(d) is subject to section 133(4).

(4) Where—

(a) regulations under section 137 alter the permitted exemption categories

40or permitted reduction categories, and

(b) by virtue of the regulations any category that applies in the area of a

licensing authority as the result of a relevant decision ceases to be a

permitted exemption category or permitted reduction category,

the licensing authority must exercise its power under subsection (1)(c) so as to

5secure that all the categories that apply in its area in respect of future levy

periods are permitted exemption categories or permitted reduction categories.

(5) In subsection (4)(b), “relevant decision” means a decision under—

(a) section 134(1)(b)(ii) or (iii), or

(b) subsection (1)(c) of this section.

(6) 10Where—

(a) regulations under subsection (5) of section 133 amend subsection (4) of

that section, and

(b) by virtue of the regulations the proportion of the net amount of levy

payments to be paid to the relevant local policing body ceases to satisfy

15section 133(4),

the licensing authority must exercise its power under subsection (1)(d) so as to

secure that the proportion of the net amount of levy payments to be paid to the

relevant local policing body in respect of future levy years satisfies that

provision.

(7) 20Any decision made under subsection (1) may take effect only—

(a) in the case of a decision under paragraph (a), at the end of a levy period,

(b) in the case of decision under paragraph (b), (c) or (d), in respect of

future levy periods.

(8) Regulations under section 136 apply in relation to any decision of a licensing

25authority under this section.

136 Introduction or variation of late night levy requirement: procedure

(1) Regulations must make provision as to the procedure to be followed by a

licensing authority in relation to any proposal for—

(a) a decision under section 127(2) that the late night levy requirement is to

30apply in the area of the licensing authority (and any related decision

under section 134(1));

(b) a decision under section 135(1)(a) that the late night levy requirement

is to cease to apply in the area of the licensing authority;

(c) a decision under section 135(1)(b), (c) or (d).

(2) 35Regulations under this section must, in particular—

(a) require the licensing authority, where it proposes to make any decision

mentioned in subsection (1), to consult the following about the

proposal—

(i) the relevant local policing body;

(ii) 40the relevant chief officer of police;

(iii) holders of relevant late night authorisations;

(iv) any other persons prescribed by the regulations;

(b) make provision requiring the licensing authority to publish notice of

any decision mentioned in subsection (1) (and of related decisions);

(c) 45in the case of a decision under section 127(2), make provision—

(i) enabling any relevant late night authorisation to be varied

under section 34, 41A, 84 or 86A of the Licensing Act 2003, on

the application of the holder, so as to cease to be a relevant late

night authorisation before the beginning of the first levy year,

5and

(ii) for no fee to be payable in respect of any such application to the

extent that it relates to such a variation.

(3) In the case of a proposal that the late night levy requirement should apply to

the area of a licensing authority, the consultation about the proposal required

10under subsection (2)(a) must include consultation about the matters to be

decided under section 134(1).

(4) Regulations under this section may specify matters of which the licensing

authority must be satisfied before deciding under section 127(2) that the late

night levy requirement is to apply in its area.

(5) 15In subsection (2)(c), “relevant late night authorisation” includes a premises

licence or club premises certificate which would be a relevant late night

authorisation if the licensing authority were to make the decisions in

subsection (1)(a) in accordance with the proposal.

137 Permitted exemption and reduction categories

(1) 20Regulations may prescribe—

(a) categories of holders of relevant late night authorisations in relation to

whom, if a licensing authority so decides, the requirement to pay the

late night levy is not to apply (“permitted exemption categories”);

(b) categories of holders of relevant late night authorisations in relation to

25whom, if a licensing authority so decides, a reduced amount of the levy

is to apply (“permitted reduction categories”).

(2) References in subsection (1) to a decision of a licensing authority are to a

decision by the authority under section 134(1)(b) or (c) or 135(1)(c) that the

category in question is to apply in its area.

(3) 30Without prejudice to section 138(3), categories of holders may be prescribed for

this purpose by reference, in particular, to—

(a) participation in arrangements of particular descriptions;

(b) particular descriptions of premises in respect of which authorisations

are held.

(4) 35Regulations under subsection (1) which prescribe permitted reduction

categories must also prescribe, in relation to each such category—

(a) what the reduced amount of the levy is, or

(b) the manner in which the reduced amount of the levy is to be calculated,

and must provide for the reduced amount of the late night levy, or the manner

40in which it is to be calculated, to be the same for all holders of relevant late

night authorisations in that category for a levy year.

138 Late night levy: regulations

(1) Any power to make regulations under this Chapter is exercisable by the

Secretary of State, but may be exercised only with consent of Treasury.

(2) Regulations may amend any provision made by or under an Act so far as

necessary or expedient in consequence of any provision made by or under this

Chapter.

(3) Any regulations under this Chapter may—

(a) 5make different provision for different cases;

(b) make provision subject to exceptions;

(c) make supplemental, incidental, consequential and transitional

provision.

(4) Subsection (3) is subject to section 130(4) and 137(4).

139 10Interpretation

In this Chapter—

• “club premises certificate” has the same meaning as in the Licensing Act
  
  2003 (see section 60 of that Act);

• “late night levy” means a levy payable under section 129(1);

• 15“the late night levy requirement” has the meaning given by section 127;

• “late night supply period”, has the meaning given by section 128;

• “levy year”, in relation to a licensing authority, means a period of one
  
  year, beginning with the date specified under section 134(1)(a) or an
  
  anniversary of that date, for which the late night levy requirement
  
  20applies in the area of the authority;

• “licensing authority” means an authority which is a licensing authority
  
  within the meaning of the Licensing Act 2003 (see section 3 of that Act);

• “net amount of levy payments” has the meaning given by section 131;

• “payment year”, in relation to the holder of a relevant late night
  
  25authorisation, means a year to which any payment of the late night levy
  
  by the holder in respect of the authorisation relates;

• “permitted exemption category” and “permitted reduction category”
  
  have the meanings given by section 137;

• “premises licence” has the same meaning as in the Licensing Act 2003 (see
  
  30section 11 of that Act);

• “relevant late night authorisation” has the meaning given by section 128;

• “relevant chief officer of police”, in relation to a licensing authority, means
  
  the chief officer of police for the police area which comprises or
  
  includes the area of the licensing authority;

• 35“relevant local policing body”, in relation to a licensing authority, means
  
  the local policing body for the police area which comprises or includes
  
  the area of the licensing authority;

• “supply of alcohol” has the same meaning as in Part 3 of the Licensing Act
  
  2003 (see section 14 of that Act).

140 40Crown application

(1) This Chapter binds the Crown and has effect in relation to any premises

licence, or club premises certificate, which relates to land in which there is—

(a) an interest belonging to Her Majesty in right of the Crown,

(b) an interest belonging to a government department, or

(c) 45an interest held in trust for Her Majesty for the purposes of such a

department.

(2) This Chapter also applies in relation to any premises licence, or club premises

certificate, which relates to—

(a) land which is vested in, but not occupied by, Her Majesty in right of the

Duchy of Lancaster, and

(b) 5land which is vested in, but not occupied by, the possessor for the time

being of the Duchy of Cornwall.

(3) Provision made by or under this Chapter applies to persons in the public

service of the Crown as it applies to other persons.

(4) But nothing in this Chapter affects Her Majesty in Her private capacity.

141 10Amendments of the Licensing Act 2003

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

(2) In section 55 (fees: premises licences), after subsection (1) insert—

“(1A) Subsection (1) is subject to regulations under section 136(2)(c)(ii) of the

Police Reform and Social Responsibility Act 2011 (exemption from fees

15for variation applications prior to introduction of late night levy).”

(3) In section 92 (fees: club premises certificates), after subsection (1) insert—

“(1A) Subsection (1) is subject to regulations under section 136(2)(c)(ii) of the

Police Reform and Social Responsibility Act 2011 (exemption from fees

for variation applications prior to introduction of late night levy).”

CHAPTER 3 20Alcohol disorder zones

142 Alcohol disorder zones: repeal

Sections 15 to 20 of the Violent Crime Reduction Act 2006 (alcohol disorder

zones) are repealed.

Part 3 25Parliament Square Garden and surrounding area

Repeal of SOCPA 2005 provisions

143 Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions

(1) Sections 132 to 138 of the Serious Organised Crime and Police Act 2005 (which

regulate demonstrations and use of loudspeakers in the vicinity of Parliament)

30are repealed.

(2) The public assemblies in relation to which section 14 of the Public Order Act

1986 applies, as a consequence of the repeal of section 132(6) of the Serious

Organised Crime and Police Act 2005, include public assemblies which started,

or were being organised, before this section comes into force.

Controls on activities in Parliament Square Garden and adjoining pavements

144 Controlled area of Parliament Square

(1) For the purposes of this Part, the “controlled area of Parliament Square” means

the area of land that is comprised in—

(a) 5the central garden of Parliament Square, and

(b) the footways that immediately adjoin the central garden of Parliament

Square.

(2) In subsection (1)—

• “the central garden of Parliament Square” means the site in Parliament
  
  10Square on which the Minister of Works was authorised by the
  
  Parliament Square (Improvements) Act 1949 to lay out the garden
  
  referred to in that Act as “the new central garden”;

• “footway” has the same meaning as in the Highways Act 1980 (see section
  
  329(1) of that Act).

145 15Prohibited activities in controlled area of Parliament Square

(1) A constable or authorised officer who has reasonable grounds for believing

that a person is doing, or is about to do, a prohibited activity may direct the

person—

(a) to cease doing that activity, or

(b) 20(as the case may be) not to start doing that activity.

(2) For the purposes of this Part, a “prohibited activity” is any of the following—

(a) operating any amplified noise equipment in the controlled area of

Parliament Square;

(b) erecting or keeping erected in the controlled area of Parliament

25Square—

(i) any tent, or

(ii) any other structure that is designed, or adapted, (solely or

mainly) for the purpose of facilitating sleeping or staying in a

place for any period;

(c) 30using any tent or other such structure in the controlled area of

Parliament Square for the purpose of sleeping or staying in that area;

(d) placing or keeping in place in the controlled area of Parliament Square

any sleeping equipment with a view to its use (whether or not by the

person placing it or keeping it in place) for the purpose of sleeping

35overnight in that area;

(e) using any sleeping equipment in the controlled area of Parliament

Square for the purpose of sleeping overnight in that area.

(3) But an activity is not to be treated as a “prohibited activity” within subsection

(2) if it is done—

(a) 40for police, fire and rescue authority or ambulance purposes,

(b) by or on behalf of a relevant authority, or

(c) by a person so far as authorised under section 149 to do it (authorisation

for operation of amplified noise equipment).

(4) In subsection (2)(a) “amplified noise equipment” means any device that is

45designed or adapted for amplifying sound, including (but not limited to)—

(a) loudspeakers, and

(b) loudhailers.

(5) In subsection (3)(b) “relevant authority” means any of the following—

(a) a Minister of the Crown or a government department,

(b) 5the Greater London Authority, or

(c) Westminster City Council.

(6) It is immaterial for the purposes of a prohibited activity—

(a) in the case of an activity within subsection (2)(b) or (c) of keeping a tent

or similar structure erected or using a tent or similar structure, whether

10the tent or structure was first erected before or after the coming into

force of this section;

(b) in the case of an activity within subsection (2)(d) or (e) of keeping in

place any sleeping equipment or using any such equipment, whether

the sleeping equipment was first placed before or after the coming into

15force of this section.

(7) In this section “sleeping equipment” means any sleeping bag, mattress or other

similar item designed, or adapted, (solely or mainly) for the purpose of

facilitating sleeping in a place.

(8) A person who fails without reasonable excuse to comply with a direction

20under subsection (1) commits an offence and is liable on summary conviction

to a fine not exceeding level 5 on the standard scale.