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.

146 Directions under section 145: further provision

(1) A direction requiring a person to cease doing a prohibited activity may include
a direction that the person does not start doing that activity again after having
25ceased it.

(2) A direction requiring a person not to start doing a prohibited activity continues
in force until—

(a) the end of such period beginning with the day on which the direction
is given as may be specified by the constable or authorised officer
30giving the direction, or

(b) if no such period is specified, the end of the period of 90 days beginning
with the day on which the direction is given.

(3) A period specified under subsection (2)(a) may not be longer than 90 days.

(4) A direction may be given to a person to cease operating, or not to start
35operating, any amplified noise equipment only if it appears to the constable or
authorised officer giving the direction that the following condition is met.

(5) The condition is that the person is operating, or is about to operate, the
equipment in such a manner as to produce sound that other persons in or in
the vicinity of the controlled area of Parliament Square can hear or are likely to
40be able to hear.

(6) A direction—

(a) may be given orally,

(b) may be given to any person individually or to two or more persons
together, and

(c) 45may be withdrawn or varied by the person who gave it.

(7) In this section—

• “amplified noise equipment” has the meaning given by section 145(4);

• “direction” means a direction given under section 145(1).

147 Power to seize property

(1) 5A constable or authorised officer may seize and retain a prohibited item that is
on any land in the controlled area of Parliament Square if it appears to that
constable or officer that the item is being, or has been, used in connection with
the commission of an offence under section 145.

(2) A constable may seize and retain a prohibited item that is on any land outside
10of the controlled area of Parliament Square if it appears to the constable that the
item has been used in connection with the commission of an offence under
section 145.

(3) A “prohibited item” is any item of a kind mentioned in section 145(2).

(4) A constable may use reasonable force, if necessary, in exercising a power of
15seizure under this section.

(5) An item seized under this section must be returned to the person from whom
it was seized—

(a) no later than the end of the period of 28 days beginning with the day on
which the item was seized, or

(b) 20if proceedings are commenced against the person for an offence under
section 145 before the return of the item under paragraph (a), at the
conclusion of those proceedings.

(6) If it is not possible to return an item under subsection (5) because the name or
address of the person from whom it was seized is not known—

(a) 25the item may be returned to any other person appearing to have rights
in the property who has come forward to claim it, or

(b) if there is no such person, the item may be disposed of or destroyed at
any time after the end of the period of 90 days beginning with the day
on which the item was seized.

(7) 30Subsections (5)(b) and (6) do not apply if a court makes an order under section
148(1)(a) for the forfeiture of the item.

(8) The references in subsections (1) and (2) to an item that is “on” any land include
references to an item that is in the possession of a person who is on any such
land.

148 35Power of court on conviction

(1) The court may do either or both of the following on the conviction of a person
(“P”) of an offence under section 145—

(a) make an order providing for the forfeiture of any item of a kind
mentioned in subsection (2) of that section that was used in the
40commission of the offence;

(b) make such other order as the court considers appropriate for the
purpose of preventing P from engaging in any prohibited activity in the
controlled area of Parliament Square.