Police Reform and Social Responsibility Bill (HL Bill 77)

110 Club premises certificates: who may apply for review

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (4).

(2) In section 87 (application for review of club premises certificate), for subsection
(1) substitute—

“(1) 5Where a club holds a club premises certificate, a responsible authority
or any other person may apply to the relevant licensing authority for a
review of the certificate.”.

(3) In section 87(3) (application for review of club premises certificate)—

(a) in paragraph (b), after “to the authority” insert “by the club, responsible
10authorities and other persons”, and

(b) in paragraph (c), for “interested party” substitute “other person”.

(4) In section 88(8) (determination of application for review of club premises
certificate)—

(a) in paragraph (a), for “an interested party” substitute “any other
15person”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.

(5) The amendments made by this section apply in relation to applications for
review that are made on or after the commencement of this section.

20Reducing the evidential burden on licensing authorities

111 Reducing the burden: premises licences

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (14).

(2) In section 18 (determination of application for premises licence)—

(a) in subsection (3)(b), for “necessary” substitute “appropriate”, and

(b) 25in subsection (4)(a)(i), for “necessary” substitute “appropriate”.

(3) In section 22(2) (prohibited conditions: plays), for “necessary” substitute
“appropriate”.

(4) In section 25A(6) (grant of premises licence: supply of alcohol from community
premises), for “necessary” substitute “appropriate”.

(5) 30In section 31 (determination of application for provisional statement)—

(a) in subsection (3)(b), for “necessary” substitute “appropriate”, and

(b) in subsection (3)(c)(ii), for “necessary” substitute “appropriate”.

(6) In section 35(3)(b) (determination of application to vary premises licence), for
“necessary” substitute “appropriate”.

(7) 35In section 39(3)(b) (determination of application to vary premises licence to
specify premises supervisor), for “necessary” substitute “appropriate”.

(8) In section 41D(5) (variation of premises licence: supply of alcohol from
community premises), for “necessary” substitute “appropriate”.

(9) In section 44(5)(b) (determination of transfer application), for “necessary”
40substitute “appropriate”.

(10) In section 48(3)(b) (cancellation of interim authority notice following police
objections), for “necessary” substitute “appropriate”.

(11) In section 52(3) (determination of application for review of premises licence),
for “necessary” substitute “appropriate”.

(12) 5In section 53B(8)(a) (supplementary provision about review of premises
licence), for “necessary” substitute “appropriate”.

(13) In section 53C(2)(b) (review of premises licence following review notice), for
“necessary” substitute “appropriate”.

(14) In section 177(5) (dancing and live music in certain small premises), for
10“necessary” substitute “appropriate”.

(15) The amendments made by this section (other than subsection (10)) apply in
relation to applications relating to premises licences that are made on or after
the commencement of this section.

(16) The amendment made by subsection (10) of this section applies in relation to
15interim authority notices that are given on or after the commencement of this
section.

112 Reducing the burden: club premises certificates

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

(2) In section 72 (determination of application for club premises certificate)—

(a) 20in subsection (3)(b), for “necessary” substitute “appropriate”, and

(b) in subsection (4)(a)(i), for “necessary” substitute “appropriate”.

(3) In section 76(2) (prohibited conditions: plays), for “necessary” substitute
“appropriate”.

(4) In section 85(3)(b) (determination of application to vary club premises
25certificate), for “necessary” substitute “appropriate”.

(5) In section 88(3) (determination of application for review of club premises
certificate), for “necessary” substitute “appropriate”.

(6) The amendments made by this section apply in relation to applications relating
to club premises certificates that are made on or after the commencement of
30this section.

113 Reducing the burden: other situations

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (6).

(2) In section 105(2)(b) (counter notice following police objection), for “necessary”
substitute “appropriate”.

(3) 35In section 120(7)(b)(i) (determination of application for grant of personal
licence), for “necessary” substitute “appropriate”.

(4) In section 121(6)(b)(i) (determination of application for renewal of personal
licence), for “necessary” substitute “appropriate”.

(5) In section 124(4)(b) (convictions coming to light after grant or renewal of
40personal licence), for “necessary” substitute “appropriate”.

(6) In section 167(5)(b) (review of premises licence following closure order), for
“necessary” substitute “appropriate”.

(7) The amendment made by subsection (2) of this section applies in relation to
temporary event notices that are given on or after the commencement of this
5section.

(8) The amendments made by subsections (3) to (5) of this section apply in relation
to applications relating to personal licences that are made on or after the
commencement of this section.

(9) The amendment made by subsection (6) of this section applies in relation to
10notices under section 165(4) of the Licensing Act 2003 (closure orders) that are
received by a licensing authority on or after the commencement of this section.

Temporary event notices

114 Temporary event notices: who may make an objection

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (13).

(2) 15After section 99, insert—

“99A Meaning of “relevant person”

In this Part references to a “relevant person”, in relation to any
premises, are references to the following—

(a) the chief officer of police for any police area in which the
20premises are situated,

(b) the local authority by which statutory functions are exercisable
in any area in which the premises are situated in relation to
minimising or preventing the risk of pollution of the
environment or of harm to human health.”.

(3) 25In the cross-heading before section 104, for “Police objections” substitute
“Objections”.

(4) In the title to section 104 (objection to notice), for “the police” substitute “a
relevant person”.

(5) In section 104 (objection to notice), for subsection (2) substitute—

“(2) 30Where a relevant person who is given a temporary event notice is
satisfied that allowing the premises to be used in accordance with the
notice would undermine a licensing objective, the relevant person must
give a notice stating the reasons for being so satisfied (an “objection
notice”)—

(a) 35to the relevant licensing authority,

(b) to the premises user, and

(c) to every other relevant person.”.

(6) In section 104(3) (timing for objection), for “chief officer of police” substitute
“relevant person”.

(7) 40In section 104(4) (timing for objection), for “relevant chief officer of police”
substitute “relevant person”.

(8) Omit section 104(5) (definition of “relevant chief officer of police”).

(9) In section 105 (counter notice following objection)—

(a) in the title, omit “police”,

(b) in subsection (2)(a), for “chief officer of police” substitute “relevant
person”,

(c) 5in subsection (2)(b), for “the crime prevention objective” substitute “a
licensing objective”,

(d) in subsection (3)(a), for “the relevant chief officer of police” substitute
“each relevant person”, and

(e) in subsection (3)(b)(ii), for “the relevant chief officer of police”
10substitute “each relevant person”.

(10) In section 106 (modification of notice following objection)—

(a) in the title, omit “police”,

(b) in subsection (1), for “chief officer of police” substitute “relevant
person”,

(c) 15in subsection (2)—

(i) for “chief officer of police” substitute “relevant person”, and

(ii) after “of the premises user” insert “and each other relevant
person”,

(d) in subsection (4), for “chief officer of police” substitute “relevant
20person”, and

(e) omit subsection (5).

(11) In section 107(11) (counter notice where permitted limits exceeded), for the
words following “that notice” substitute “to each relevant person”.

(12) In section 194 (index of defined expressions), after the entry for the expression
25“relevant offence” insert—

• “relevant person, in Part 5 ............................. section 99A”.

(13) In Schedule 5 (appeals)—

(a) in paragraph 16(1)(b), for “chief officer of police” substitute “relevant
person”,

(b) 30in paragraph 16(3), for “chief officer of police” substitute “relevant
person”,

(c) in paragraph 16(8), in the definition of “objection notice”, omit “and”,

(d) in paragraph 16(8), at the end of the definition of “relevant licensing
authority” insert “; and

• 35relevant person” has the meaning given in section 99A.”.

(14) The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.

115 Temporary event notices: conditions

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

(2) 40In section 98(1) (meaning of “permitted temporary activity”), for paragraph (a)
substitute—

“(a) it is carried out in accordance with—

(i) a notice given in accordance with section 100, and

(ii) any conditions imposed under section 106A, and”.

(3) After section 106 insert—

“106A Conditions on standard temporary event notice following objection

(1) This section applies where—

(a) a relevant person has given an objection notice under section
5104(2) in respect of a standard temporary event notice,

(b) the objection notice has not been withdrawn, and

(c) the relevant licensing authority has decided under section 105
not to give a counter notice under that section.

(2) The relevant licensing authority may impose one or more conditions on
10the standard temporary event notice if—

(a) the authority considers it appropriate for the promotion of the
licensing objectives to do so,

(b) the conditions are also imposed on a premises licence or club
premises certificate that has effect in respect of the same
15premises, or any part of the same premises, as the temporary
event notice, and

(c) the conditions would not be inconsistent with the carrying out
of the licensable activities under the temporary event notice.

(3) Where the authority decides to impose one or more conditions under
20subsection (2)—

(a) the authority must give the premises user notice of the decision,

(b) the notice must be accompanied by a separate statement (the
“statement of conditions”) which sets out the conditions that
have been imposed on the temporary event notice, and

(c) 25a copy of the notice and statement of conditions must be given
to each relevant party.

(4) The notice and statement of conditions under subsection (3) must—

(a) be in the prescribed form,

(b) be given to the premises user in the prescribed manner, and

(c) 30be given no later than 24 hours before the beginning of the event
period specified in the temporary event notice.

(5) Where the premises are situated in the area of more than one licensing
authority, the functions conferred on the relevant licensing authority
by subsection (2) must be exercised by those authorities jointly.”.

(4) 35In section 109 (duty to keep and produce temporary event notice)—

(a) in the title, after “notice” insert “and statement of conditions”,

(b) in subsection (2)(a), after “notice” insert “, together with a copy of any
statement of conditions given under section 106A(3) in respect of the
notice”,

(c) 40in subsection (3)(a), after “notice” insert “, together with a copy of any
statement of conditions given under section 106A(3) in respect of the
notice”,

(d) in subsection (3)(b), for “notice is” substitute “notice and any statement
of conditions are”,

(e) 45in subsection (5)(a), after “notice” insert “or any statement of
conditions”,

(f) in subsection (5), after “produce the temporary event notice” insert “or
statement of conditions”,

(g) in subsection (6), after “produce the temporary event notice” insert “or
statement of conditions”, and

(h) 5in subsection (8), after “notice” insert “or statement of conditions”.

(5) In section 110 (theft, loss, etc. of temporary event notice)—

(a) in the title, after “notice” insert “or statement of conditions”,

(b) after subsection (1) insert—

“(1A) Where a statement of conditions that is given under section
10106A(3) is lost, stolen, damaged or destroyed, the premises user
may apply to the licensing authority which gave the statement
for a copy of the statement.”,

(c) in subsection (4), after “copy of the notice” insert “or statement”,

(d) in subsection (4)(a), after “notice” insert “or statement”,

(e) 15in subsection (5), after “notice” insert “or statement”, and

(f) in subsection (6), after “notice” insert “or statement”.

(6) The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.

116 Temporary event notices: late notices

(1) 20The Licensing Act 2003 is amended as set out in subsections (2) to (12).

(2) In section 98(2) (meaning of “permitted temporary activity”), for “sections 102
(acknowledgement of notice) and 104(1) (notification of police)” substitute
“section 102 (acknowledgement of notice)”.

(3) In section 100 (temporary event notice)—

(a) 25in subsection (7), for paragraph (a) substitute—

“(a) must be given in accordance with section 100A, and”,
and”

(b) in subsection (7)(b), after “fee” insert “when it is given by the premises
user to the relevant licensing authority.”.

(4) 30After section 100 insert—

“100A Standard and late temporary event notices

(1) For the purposes of section 100(7)(a), a temporary event notice must be
given in accordance with—

(a) subsection (2), in which case the notice is a “standard temporary
35event notice”, or

(b) subsection (3), in which case the notice is a “late temporary
event notice”.

(2) A temporary event notice is given in accordance with this subsection if,
no later than ten working days before the day on which the event
40period begins—

(a) it is given to the relevant licensing authority by means of a
relevant electronic facility, or

(b) it is given to the relevant licensing authority (otherwise than by
means of a relevant electronic facility) and to each relevant
person.

(3) A temporary event notice is given in accordance with this subsection
5if—

(a) it is given to the relevant licensing authority by means of a
relevant electronic facility no later than five working days, but
no earlier than nine working days, before the day the event
period begins, or

(b) 10both of the following are satisfied—

(i) it is given to the relevant licensing authority (otherwise
than by means of a relevant electronic facility) and to
each relevant person no later than five working days
before the day on which the event period begins;

(ii) 15it is given to at least one of those persons no earlier than
nine working days before the day on which that event
period begins.

(4) Where a temporary event notice (the “original notice”) is given by the
premises user to the relevant licensing authority by means of a relevant
20electronic facility as referred to in subsection (2)(a) or (3)(a)—

(a) the licensing authority must give a copy of the original notice to
each relevant person no later than the end of the first working
day after the day on which the original notice was given to the
authority, and

(b) 25for the purposes of this Act, the copy is to be treated as if it were
the original notice.

(5) In this section “event period” in relation to a temporary event notice
means the event period specified in the notice.”.

(5) In section 102 (acknowledgement of notice), for subsection (3) substitute—

“(3) 30Subsection (1) does not apply where, before the time by which
acknowledgement of the receipt of the notice must be given in
accordance with that subsection, a counter notice has been given to the
premises user under—

(a) where the counter notice is in respect of a late temporary event
35notice, section 104A, or

(b) where the counter notice is in respect of a standard temporary
event notice or a late temporary event notice, section 107.”.

(6) In section 104 (objection to notice)—

(a) omit subsections (1) and (1A), and

(b) 40in subsection (3), for “a copy of the temporary event notice under
subsection (1) or (1A)” substitute “the temporary event notice”.

(7) After section 104 insert—

“104A Counter notice following objection to late notice

(1) Where an objection notice is given under section 104(2) in respect of a
45late temporary event notice, the relevant licensing authority must give
the premises user a counter notice under this section.

(2) The counter notice must—

(a) be in the prescribed form, and

(b) be given to the premises user in the prescribed manner.

(3) The relevant licensing authority must, no later than 24 hours before the
beginning of the event period specified in the temporary event notice—

(a) 5give the counter notice to the premises user, and

(b) give a copy of the counter notice to each relevant person.”.

(8) In section 105 (counter notice following objection)—

(a) in the title, after “objection” insert “to standard temporary event
notice”,

(b) 10in subsection (1), for “in respect of a” substitute “under section 104(2) in
respect of a standard”, and

(c) omit subsection (7).

(9) In section 106(1) (modification of notice following objection)—

(a) in the title, for “notice” substitute “standard temporary event notice”,

(b) 15in subsection (1), for “in respect of a” substitute “under section 104(2) in
respect of a standard”, and

(c) in subsection (2), for “the notice returned to the premises user under
section 102” substitute “it”.

(10) In section 107 (counter notice where permitted limits exceeded)—

(a) 20in subsection (2), for paragraph (b) substitute—

“(b) has already given at least—

(i) 50 temporary event notices, or

(ii) ten late temporary event notices,

in respect of event periods wholly or partly within the
25same year as the event period specified in notice A.”,
and”

(b) in subsection (3), for paragraph (b) substitute—

“(b) has already given at least—

(i) five temporary event notices, or

(ii) 30two late temporary event notices,

in respect of event periods wholly or partly within the
same year as the event period specified in notice A.”.

(11) In section 194 (index of defined expressions)—

(a) after the entry for the expression “late night refreshment” insert—

• 35“late temporary event notice.................................... section
  100A(1)(b)”, and

(b) after the entry for the expression “secretary, in Part 4” insert—

• “standard temporary event notice.................................... section
  100A(1)(a)”.

(12) 40In paragraph 16(1)(a) of Schedule 5 (appeals), after “a” insert “standard”.

(13) The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.

117 Relaxation of time limits applying to temporary event notices

(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).

(2) In section 100 (temporary event notice)—

(a) in subsection (1), for “96 hours” substitute “168 hours”, and

(b) in subsection (5)(b), for “96 hours” substitute “168 hours”.

(3) In section 107(5) (counter notice where permitted limits exceeded), for “15
5days” substitute “21 days”.

(4) The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.

118 Temporary event notices: acknowledgment of notice

(1) In section 102 of the Licensing Act 2003 (acknowledgement of notice)—

(a) 10in subsection (1), for “(in duplicate) in accordance with this Part, it must
acknowledge receipt of the notice by sending or delivering one notice”
substitute “in accordance with this Part, it must give written
acknowledgement of the receipt of the notice”, and

(b) omit subsection (2).

(2) 15The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.

119 Temporary event notice: time for objection to notice

(1) In section 104(3) of the Licensing Act 2003 (objection to temporary event notice
by police), for “second” substitute “third”.

(2) 20The amendment made by this section applies in relation to temporary event
notices that are given on or after the commencement of this section.

Underage sales

120 Persistently selling alcohol to children

(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).

(2) 25In section 147A(8) (fine for persistently selling alcohol to children), for
“£10,000” substitute “£20,000”.

(3) In section 169A (closure notice for persistently selling alcohol to children)—

(a) in subsection (2)(a), for “for a period not exceeding 48 hours” substitute
“, for the period specified in the notice,”, and

(b) 30in subsection (4), for “not more than 48 hours” substitute “at least 48
hours but not more than 336 hours”.

(4) The amendment made by subsection (2) of this section applies in relation to
offences that are committed on or after the commencement of that subsection.

(5) The amendments made by subsection (3) of this section apply in relation to
35closure notices that are given on or after the commencement of that subsection
in relation to offences committed before, on or after that commencement.

Early morning alcohol restriction orders

121 Early morning alcohol restriction orders

(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).

(2) In section 7 (exercise and delegation of functions), in subsection (2), after
5paragraph (a) (but before the final “or”) insert—

“(aa) the functions of making, and varying or revoking, an order
under section 172A (early morning alcohol restriction order),”.

(3) For sections 172A to 172E (early morning alcohol restriction order), as inserted
by section 55 of the Crime and Security Act 2010, substitute—

“172A 10 Power to make early morning alcohol restriction order

(1) If a licensing authority considers it appropriate for the promotion of the
licensing objectives, it may, subject as follows, make an order under this
section.

(2) An order under this section is an order providing that—

(a) 15premises licences and club premises certificates granted by the
authority, and temporary event notices given to the authority,
do not have effect to the extent that they authorise the sale of
alcohol during the period specified in the order, and

(b) club premises certificates granted by the authority do not have
20effect to the extent that they authorise the supply of alcohol by
or on behalf of a club to, or to the order of, a member of the club
during the period specified in the order.

(3) For the purposes of subsection (2)(a) and (b), the period that may be
specified in the order must—

(a) 25begin no earlier than midnight, and

(b) end no later than 6am.

(4) It is immaterial for the purposes of an order under this section whether
a premises licence or club premises certificate is granted, or a
temporary event notice is given, before or after the order is made.

(5) 30An order under this section may provide that it is to apply—

(a) in relation to the same period of every day on which the order
is to apply, or in relation to different periods of different days,

(b) every day or only on particular days (for example, particular
days of the week or year),

(c) 35in relation to the whole or part of a licensing authority’s area, or

(d) for a limited or unlimited period.

(6) An order under this section must specify—

(a) the days on which it is to apply and the period of those days,

(b) the area in relation to which it is to apply,

(c) 40if it is to apply for a limited period, that period, and

(d) the date from which it is to apply.

(7) An order under this section must—

(a) be in the prescribed form, and

(b) have the prescribed content.