Police Reform and Social Responsibility Bill (HL Bill 77)

172B Procedural requirements for early morning alcohol restriction order

(1) A licensing authority proposing to make an order under section 172A
must—

(a) advertise the proposed order in the prescribed manner, and

(b) 5hold a hearing to consider any relevant representations, unless
the authority and each person who has made such
representations agree that a hearing is unnecessary.

(2) In this section “relevant representations” means representations
which—

(a) 10are about the likely effect of the making of the proposed order
on the promotion of the licensing objectives,

(b) are made to the licensing authority by an affected person, a
responsible authority or any other person,

(c) are made in the prescribed form and manner and within the
15prescribed period,

(d) have not been withdrawn, and

(e) in the case of representations made by a person who is not a
responsible authority, are not, in the opinion of the licensing
authority, frivolous or vexatious.

(3) 20In subsection (2)(b), “affected person” means—

(a) the holder of the premises licence or club premises certificate in
respect of affected premises,

(b) the premises user in relation to a temporary event notice in
respect of affected premises,

(c) 25a person who has applied for a premises licence or club
premises certificate in respect of affected premises (where the
application has not been determined), and

(d) a person to whom a provisional statement has been issued in
respect of affected premises.

(4) 30In subsection (2)(b) and (e), “responsible authority” means—

(a) the licensing authority and any other licensing authority in
whose area part of any affected premises is situated,

(b) the chief officer of police for a police area any part of which is in
the area specified in the order,

(c) 35the fire and rescue authority for an area any part of which is in
the area specified in the order,

(d) the Primary Care Trust or Local Health Board for an area any
part of which is in the area specified in the order,

(e) the local weights and measures authority for any such area,

(f) 40the enforcing authority within the meaning given by section 18
of the Health and Safety at Work etc Act 1974 for any such area,

(g) the local planning authority within the meaning given by the
Town and Country Planning Act 1990 for any such area,

(h) the local authority by which statutory functions are exercisable
45in the area specified in the order in relation to minimising or
preventing the risk of pollution of the environment or of harm
to human health,

(i) a body which—

(i) represents those who, in relation to the area specified in
the order, are responsible for, or interested in, matters
relating to the protection of children from harm, and

(ii) is recognised by the licensing authority for the purposes
5of this section as being competent to advise on such
matters,

(j) where affected premises are a vessel—

(i) a navigation authority (within the meaning given by
section 221(1) of the Water Resources Act 1991) having
10functions in relation to the waters where the vessel is
usually moored or berthed or any waters where it is
navigated at a time when it is used for licensable
activities to which the proposed order relates,

(ii) the Environment Agency,

(iii) 15the British Waterways Board, and

(iv) the Secretary of State, and

(k) a prescribed person.

(5) Where a licensing authority determines for the purposes of subsection
(2)(e) that any representations are frivolous or vexatious, it must notify
20the person who made them of its reasons for its determination.

(6) In this section—

• “affected premises”, in relation to a proposed order, means
  premises in respect of which it applies from the date
  specified in it;

• 25“statutory function” means a function conferred by or
  under an enactment.

172C Making of early morning alcohol restriction order

(1) A licensing authority may not make an order under section 172A
applying in relation to—

(a) 30an area not specified in the proposed order advertised under
section 172B,

(b) a day not specified in that proposed order, or

(c) a period other than the period specified in that proposed order
of any day so specified.

(2) 35After making an order under section 172A a licensing authority must
publish it or otherwise make it available—

(a) in the prescribed form and manner, and

(b) within the prescribed period.

172D Variation and revocation of early morning alcohol restriction order

(1) 40A licensing authority may vary or revoke an order under section 172A.

(2) Sections 172B and 172C apply in relation to the variation or revocation
of an order under section 172A as in relation to the making of such an
order.

172E Exceptions from effect of early morning alcohol restriction order

(1) 45An order under section 172A does not apply in prescribed cases or
circumstances.

(2) The cases referred to in subsection (1) may in particular be defined by
reference to—

(a) particular kinds of premises, or

(b) particular days.

(3) 5An order under section 172A is subject to an order under section 172
(whether made before or afterwards), unless and to the extent that the
order under section 172 provides otherwise.”.

(4) Section 55 of the Crime and Security Act 2010 (power to restrict sale and supply
of alcohol) is repealed.

10Fees

122 Suspension of licence or certificate for failing to pay annual fee

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (5).

(2) In section 26(2) (period of validity of premises licence), after “section 52” insert
“or 55A”.

(3) 15After section 55 (annual fee for premises licence) insert—

“55A Suspension of premises licence for failing to pay annual fee

(1) A licensing authority must suspend a premises licence if the holder of
the licence has failed to pay the authority an annual fee that has become
due under section 55(2).

(2) 20Subsection (1) does not apply if—

(a) either—

(i) the holder’s failure to pay the fee at the time it became
due was because of an administrative error (whether
made by the holder, the authority or anyone else), or

(ii) 25before or at the time the fee became due, the holder
notified the authority in writing that the holder
disputed liability for, or the amount of, the fee, and

(b) the grace period for payment of the fee has not expired (see
subsection (8)).

(3) 30If a licensing authority suspends a premises licence under subsection
(1), the authority must give the holder of the licence a notice to that
effect, specifying the day the suspension takes effect.

(4) A day specified in a notice under subsection (3) must be at least two
working days after the day the authority gives the notice.

(5) 35If the holder of the licence pays the annual fee, the licensing authority
must give the holder written acknowledgement of receipt of the fee.

(6) The acknowledgement of receipt under subsection (5) must—

(a) specify the day the authority received the fee (the “receipt
day”), and

(b) 40be given to the holder as soon as is reasonably practicable but in
any event—

(i) if the receipt day was a working day, before the end of
the first working day after the receipt day,

(ii) otherwise, before the end of the second working day
after the receipt day.

(7) A suspension of a premises licence under subsection (1)—

(a) takes effect on the day specified in the notice under subsection
5(3), and

(b) ceases to have effect on the receipt day, as specified in the
acknowledgement of receipt under subsection (5).

(8) In this section, the “grace period” for payment of a fee is the period of
21 days, beginning on the day after the day the fee became due.”.

(4) 10In section 80(2) (period of validity of club premises certificate), after “section
88” insert “or 92A”.

(5) After section 92 (annual fee for club premises certificate) insert—

“92A Suspension of club premises certificate for failing to pay annual fee

(1) A licensing authority must suspend a club premises certificate if the
15holder of the certificate has failed to pay the authority an annual fee
that has become due under section 92(2).

(2) Subsection (1) does not apply if—

(a) either—

(i) the holder’s failure to pay the fee at the time it became
20due was because of an administrative error (whether
made by the holder, the authority or anyone else), or

(ii) before or at the time the fee became due, the holder
notified the authority in writing that the holder
disputed liability for, or the amount of, the fee, and

(b) 25the grace period for payment of the fee has not expired (see
subsection (8)).

(3) If a licensing authority suspends a club premises certificate under
subsection (1), the authority must give the holder of the certificate a
notice to that effect, specifying the day the suspension takes effect.

(4) 30A day specified in a notice under subsection (3) must be at least 2
working days after the day the authority gives the notice.

(5) If the holder of the certificate pays the annual fee, the licensing
authority must give the holder written acknowledgement of receipt of
the fee.

(6) 35The acknowledgement of receipt under subsection (5) must—

(a) specify the day the authority received the fee (the “receipt
day”), and

(b) be given to the holder as soon as is reasonably practicable but in
any event—

(i) 40if the receipt day was a working day, before the end of
the first working day after the receipt day,

(ii) otherwise, before the end of the second working day
after the receipt day.

(7) A suspension of a club premises certificate under subsection (1)—

(a) takes effect on the day specified in the notice under subsection
(3), and

(b) ceases to have effect on the receipt day, as specified in the
acknowledgement of receipt under subsection (5).

(8) 5In this section, the “grace period” for payment of a fee is the period of
21 days, beginning on the day after the day the fee became due.”.

(6) The amendments made by this section apply in relation to premises licences
and club premises certificates in relation to which annual fees become due on
or after the commencement of this section.

123 10Power for licensing authorities to set fees

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

(2) After section 197 insert—

“197A Regulations about fees

(1) Subsection (2) applies where the Secretary of State makes regulations
15under this Act prescribing the amount of any fee.

(2) The Secretary of State may, in determining the amount of the fee, have
regard, in particular, to—

(a) the costs of any licensing authority to whom the fee is to be
payable which are referable to the discharge of the function to
20which the fee relates, and

(b) the general costs of any such licensing authority;

and may determine an amount by reference to fees payable to, and
costs of, any such licensing authorities, taken together.

(3) A power under this Act to prescribe the amount of a fee includes power
25to provide that the amount of the fee is to be determined by the
licensing authority to whom it is to be payable.

(4) Regulations which so provide may also specify constraints on the
licensing authority’s power to determine the amount of the fee.

(5) Subsections (6) and (7)—

(a) 30apply where, by virtue of subsection (3), regulations provide
that the amount of a fee is to be determined by a licensing
authority, and

(b) are subject to any constraint imposed under subsection (4).

(6) The licensing authority—

(a) 35must determine the amount of the fee (and may from time to
time determine a revised amount),

(b) may determine different amounts for different classes of case
specified in the regulations (but may not otherwise determine
different amounts for different cases), and

(c) 40must publish the amount of the fee as determined from time to
time.

(7) In determining the amount of the fee, the licensing authority must seek
to secure that the income from fees of that kind will equate, as nearly as
possible, to the aggregate of—

(a) the licensing authority’s costs referable to the discharge of the
function to which the fee relates, and

(b) a reasonable share of the licensing authority’s general costs;

and must assess income and costs for this purpose in such manner as it
5considers appropriate.

197B Regulations about fees: supplementary provision

(1) Subsections (2) and (3) apply for the purposes of section 197A.

(2) References to a licensing authority’s costs referable to the discharge of
a function include, in particular—

(a) 10administrative costs of the licensing authority so far as they are
referable to the discharge of the function, and

(b) costs in connection with the discharge of the function which are
incurred by the licensing authority acting—

(i) under this Act, but

(ii) 15in a capacity other than that of licensing authority
(whether that of local authority, local planning authority
or any other authority).

(3) References to the general costs of a licensing authority are to costs of the
authority so far as they are referable to the discharge of functions under
20this Act in respect of which no fee is otherwise chargeable and include,
in particular—

(a) costs referable to the authority’s functions under section 5;

(b) costs of or incurred in connection with the monitoring and
enforcement of Parts 7 and 8 of this Act;

(c) 25costs incurred in exercising functions conferred by virtue of
section 197A.

(4) To the extent that they prescribe the amount of a fee or include
provision made by virtue of section 197A(3) or (4), regulations may—

(a) make provision which applies generally or only to specified
30authorities or descriptions of authority, and

(b) make different provision for different authorities or
descriptions of authority.

(5) Subsection (4) is not to be taken to limit the generality of section 197.”.

(3) In section 10(4) (sub-delegation of functions by licensing committee etc)—

(a) 35omit “or” at the end of paragraph (c), and

(b) after paragraph (d) insert “or

(e) any function conferred by virtue of section 197A
(regulations about fees).”.

Miscellaneous

124 40Licensing policy statements

(1) Section 5 of the Licensing Act 2003 (statement of licensing policy) is amended
as set out in subsections (2) to (7).

(2) In subsection (1)—

(a) for “three” substitute “five”, and

(b) in paragraph (b) omit “(a “licensing statement”)”.

(3) Omit subsection (2).

(4) In subsection (3), for “three” substitute “five”.

(5) In subsection (4)—

(a) 5for “three” substitute “five”, and

(b) after “policy” insert “in respect of that period”.

(6) After subsection (6) insert—

“(6A) Without prejudice to subsection (4), a licensing authority may replace
its policy in respect of a period, with effect from any date during that
10period, by—

(a) determining its policy with respect to the exercise of its
licensing functions in respect of a period of five years beginning
with that date, and

(b) publishing a statement of that policy before that date.

(6B) 15Subsection (3) applies in relation to any determination under
subsection (6A) as it applies in relation to a determination under
subsection (1).

(6C) A licensing statement must specify the five year period to which it
relates.”

(7) 20After subsection (7) insert—

“(8) In this section—

• “five year period”, in relation to a licensing authority, means—

  (a)

  if paragraph (b) does not apply, the period of five years
  ending with 6 January 2016, and each subsequent period
  25of five years, or

  (b)

  if a licensing authority has published a licensing
  statement under subsection (6A), the period of five years
  to which the most recently published such statement
  relates, and each subsequent period of five years;

• 30“licensing statement” means a statement published under
  subsection (1)(b) or (6A)(b).”

(8) Any policy determined, and any licensing policy statement published, under
section 5(1) of the Licensing Act 2003 in respect of the period of three years
beginning with 7 January 2011 is, on and after the commencement of this
35subsection, to be treated for all purposes as if—

(a) it had been determined and published under that section (as amended
by this section) in respect of the period of five years beginning with 7
January 2011, and

(b) it specified the five year period to which it relates.

125 40Personal licences: relevant offences

(1) Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is
amended as set out in subsections (2) to (4).

(2) In paragraph 14 (offences under the Road Traffic Act 1988), after paragraph (c)
insert—

“(d) section 6(6) (failing to co-operate with a preliminary
test).”.

(3) The second paragraph 22 is renumbered as paragraph 22A.

(4) After paragraph 23 insert—

“24 5An offence under section 1 of the Criminal Attempts Act 1981 of
attempting to commit an offence that is a relevant offence.

25 An offence under section 1 of the Criminal Law Act 1977 of
conspiracy to commit an offence that is a relevant offence.

26 The offence at common law of conspiracy to defraud.”.

(5) 10The amendments made by this section apply on and after the commencement
of this section in relation to—

(a) personal licences that are granted or renewed before, on or after the
commencement of this section, and

(b) offences committed before, on or after that commencement.

15Review

126 Review of effect of amendments on licensing scheme

(1) As soon as reasonably practicable after the end of the review period, the
Secretary of State must—

(a) carry out a review of the following provisions of this Chapter—

(i) 20section 105 (licensing authorities as responsible authorities),

(ii) section 106 (Primary Care Trusts and Local Health Boards as
responsible authorities),

(iii) section 107 (premises licences: who may make relevant
representations),

(iv) 25section 108 (premises licenses: who may apply for review),

(v) section 109 (club premises certificates: who may make relevant
representations),

(vi) section 110 (club premises certificates: who may apply for
review),

(vii) 30section 111 (reducing the burden: premises licences),

(viii) section 112 (reducing the burden: club premises certificates),

(ix) section 113 (reducing the burden: other situations),

(x) section 114 (temporary event notices: who may make an
objection),

(xi) 35section 115 (temporary event notices: conditions),

(xii) section 119 (temporary event notices: time for objection by
police),

(xiii) section 121 (early morning alcohol restriction orders),

(xiv) section 122 (suspension of licence or certificate for failing to pay
40annual fee),

(xv) section 125 (personal licences: relevant offences), and

(b) set out the conclusions of the review in a report.

(2) In particular, the review must assess the effect of the amendments made by
those sections on the scheme established by the Licensing Act 2003.

(3) The Secretary of State must lay a copy of the report before Parliament.

(4) In this section, “review period” means the period of five years beginning
with—

(a) if all of those sections commence on the same day, that day, and

(b) 5otherwise, the first day on which all of those sections have commenced.

CHAPTER 2 Late night levy

Application of late night levy requirement in licensing authority’s area

127 Late night levy requirement

(1) In this Chapter, “the late night levy requirement” means a requirement to pay
10the late night levy in accordance with this Chapter.

(2) A licensing authority may decide that the late night levy requirement is to
apply in its area.

(3) In making a decision under subsection (2) a licensing authority must
consider—

(a) 15the costs of policing and other arrangements for the reduction or
prevention of crime and disorder, in connection with the supply of
alcohol between midnight and 6 am, and

(b) having regard to those costs, the desirability of raising revenue to be
applied in accordance with section 133.

(4) 20A licensing authority may not decide that the late night levy requirement is to
apply in part only of its area.

(5) This section is subject to section 134.

Liability to pay late night levy

128 “Relevant late night authorisation” and related definitions

(1) 25This section applies for the purposes of this Chapter.

(2) “Relevant late night authorisation”, in relation to a licensing authority and a
levy year, means a premises licence or club premises certificate which—

(a) is granted by the authority, and

(b) authorises the supply of alcohol at a time or times during the late night
30supply period on one or more days in the related payment year.

(3) The “late night supply period” in relation to a licensing authority means the
period of the day decided by the authority under section 134 or 135.

(4) A late night supply period must—

(a) begin at or after midnight, and

(b) 35end at or before 6 am.

(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.