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Police Reform and Social Responsibility BillPage 80

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

Underage sales

118 Persistently selling alcohol to children

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

(2) In section 147A(8) (fine for persistently selling alcohol to children), for
10“£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) in subsection (4), for “not more than 48 hours” substitute “at least 48
15hours 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
closure notices that are given on or after the commencement of that subsection
20in relation to offences committed before, on or after that commencement.

Early morning alcohol restriction orders

119 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
25paragraph (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 30 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) 35premises 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
40effect to the extent that they authorise the supply of alcohol by

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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) 5begin 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) 10An 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) 15in 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) 20if 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.

172B 25Procedural 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) hold a hearing to consider any relevant representations, unless
30the 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) are about the likely effect of the making of the proposed order
35on 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
prescribed period,

(d) 40have 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) In subsection (2)(b), “affected person” means—

(a) 45the holder of the premises licence or club premises certificate in
respect of affected premises,

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

(c) a person who has applied for a premises licence or club
premises certificate in respect of affected premises (where the
5application has not been determined), and

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

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

(a) the licensing authority and any other licensing authority in
10whose 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) the fire and rescue authority for an area any part of which is in
the area specified in the order,

(d) 15the 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) the enforcing authority within the meaning given by section 18
of the Health and Safety at Work etc Act 1974 for any such area,

(g) 20the 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
in the area specified in the order in relation to minimising or
preventing the risk of pollution of the environment or of harm
25to 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) 30is recognised by the licensing authority for the purposes
of 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
35section 221(1) of the Water Resources Act 1991) having
functions 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) 40the Environment Agency,

(iii) the 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
45(2)(e) that any representations are frivolous or vexatious, it must notify
the person who made them of its reasons for its determination.

(6) In this section—

172C Making of early morning alcohol restriction order

(1) A licensing authority may not make an order under section 172A
5applying in relation to—

(a) an 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
10of any day so specified.

(2) After 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 15Variation and revocation of early morning alcohol restriction order

(1) A 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 20Exceptions from effect of early morning alcohol restriction order

(1) An 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) 25particular kinds of premises, or

(b) particular days.

(3) An 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) 30Section 55 of the Crime and Security Act 2010 (power to restrict sale and supply
of alcohol) is repealed.

Fees

120 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) 35In section 26(2) (period of validity of premises licence), after “section 52” insert
“or 55A”.

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(3) After 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
5due under section 55(2).

(2) Subsection (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
10made 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) the grace period for payment of the fee has not expired (see
15subsection (8)).

(3) If 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
20working days after the day the authority gives the notice.

(5) If 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
25day”), and

(b) be 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) 30otherwise, 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
(3), and

(b) 35ceases 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) In section 80(2) (period of validity of club premises certificate), after “section
4088” 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
holder of the certificate has failed to pay the authority an annual fee
45that has become due under section 92(2).

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(2) Subsection (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
5made 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) the grace period for payment of the fee has not expired (see
10subsection (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) A day specified in a notice under subsection (3) must be at least 2
15working 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) The acknowledgement of receipt under subsection (5) must—

(a) 20specify 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) if the receipt day was a working day, before the end of
25the 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
30(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..

(6) 35The 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.

121 Power for licensing authorities to set fees

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

(2) 40After section 197 insert—

197A Regulations about fees

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

Police Reform and Social Responsibility BillPage 86

(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
5which 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
10to 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) 15apply 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) 20must 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) 25must 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) 30the 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
considers appropriate.

197B 35Regulations 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) administrative costs of the licensing authority so far as they are
40referable 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) in a capacity other than that of licensing authority
45(whether that of local authority, local planning authority
or any other authority).

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(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
this Act in respect of which no fee is otherwise chargeable and include,
in particular—

(a) 5costs 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) costs incurred in exercising functions conferred by virtue of
section 197A.

(4) 10To 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
authorities or descriptions of authority, and

(b) make different provision for different authorities or
15descriptions 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) omit “or” at the end of paragraph (c), and

(b) after paragraph (d) insert or

(e) 20any function conferred by virtue of section 197A
(regulations about fees)..

Miscellaneous

122 Licensing policy statements

(1) Section 5 of the Licensing Act 2003 (statement of licensing policy) is amended
25as 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) 30In subsection (3), for “three” substitute “five”.

(5) In subsection (4)—

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

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

(6) After subsection (6) insert—

(6A) 35Without prejudice to subsection (4), a licensing authority may replace
its policy in respect of a period, with effect from any date during that
period, by—

(a) determining its policy with respect to the exercise of its
licensing functions in respect of a period of five years beginning
40with that date, and

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

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(6B) Subsection (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
5relates.

(7) After subsection (7) insert—

(8) In this section—

(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
20beginning with 7 January 2011 is, on and after the commencement of this
subsection, 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) 25it specified the five year period to which it relates.

123 Personal 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)
30insert—

(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 35An 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) 40The 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.

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Review

124 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) 5carry out a review of the following provisions of this Chapter—

(i) section 103 (licensing authorities as responsible authorities),

(ii) section 104 (Primary Care Trusts and Local Health Boards as
responsible authorities),

(iii) section 105 (premises licences: who may make relevant
10representations),

(iv) section 106 (premises licenses: who may apply for review),

(v) section 107 (club premises certificates: who may make relevant
representations),

(vi) section 108 (club premises certificates: who may apply for
15review),

(vii) section 109 (reducing the burden: premises licences),

(viii) section 110 (reducing the burden: club premises certificates),

(ix) section 111 (reducing the burden: other situations),

(x) section 112 (temporary event notices: who may make an
20objection),

(xi) section 113 (temporary event notices: conditions),

(xii) section 117 (temporary event notices: time for objection by
police),

(xiii) section 119 (early morning alcohol restriction orders),

(xiv) 25section 120 (suspension of licence or certificate for failing to pay
annual fee),

(xv) section 123 (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
30those 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) 35otherwise, 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

125 Late night levy requirement

(1) In this Chapter, “the late night levy requirement” means a requirement to pay
40the late night levy in accordance with this Chapter.

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