Police Reform and Social Responsibility Bill (HL Bill 86)

(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) 5the 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 131.

(4) 10A 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 132.

Liability to pay late night levy

126 “Relevant late night authorisation” and related definitions

(1) 15This 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
20supply 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 132 or 133.

(4) A late night supply period must—

(a) begin at or after midnight, and

(b) 25end 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) 30Regulations must make provision as to how payment years are to be
determined in relation to holders of premises licences or club premises
certificates.

(7) Regulations under subsection (6) may, in particular—

(a) provide for a holder’s payment year to be determined by reference to
35the 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) confer 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
40determine payment years must require an authority to decide how the
payment years are to be determined at the time the authority decides under
section 125(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.

127 Liability to pay late night levy

(1) Where the late night levy requirement applies in the area of a licensing
5authority, 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
10of 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 132 or 133 is to apply in its area for the levy year.

128 Amount of late night levy

(1) 15For 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
20payable in respect of the authorisation is the reduced amount that applies in
relation to that category (see section 135(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 132 or 133 is to apply in its area for the levy year.

(4) 25Subject 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.

Administration of late night levy

129 30Payment and administration of the levy

(1) Regulations—

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

(b) may make provision as to enforcement,

of the late night levy.

(2) 35Regulations 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) Provision 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
40years.

(4) Regulations under subsection (1) may make provision for adjustments to be
made in cases where—

(a) a relevant late night authorisation ceases to be such an authorisation
during the holder’s payment year;

(b) 5a 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
orders) precludes the supply of alcohol by virtue of the relevant late
night authorisation at all the times during the applicable late night
10supply 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) Any 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) 15The 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
fee);

(b) section 92A (suspension of club premises certificate for failure to pay
20annual 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
late night levy owed under this Chapter.

(7) Provision that may be made by regulations under this section includes
25provision conferring functions or a discretion on licensing authorities.

130 Net amount of levy payments

(1) In this Chapter “the net amount of levy payments” of a licensing authority in
respect of any period means the amount, calculated in accordance with
regulations, which represents—

(a) 30the 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) 35Regulations under subsection (1)—

(a) must 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
40account in calculating the net amount of levy payments,

(c) may 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
45including, in particular, such expenses incurred in, in connection with or in
consequence of—

(a) any decision mentioned in section 134(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)
include, in particular, expenses which it incurs in connection with any
5application made by virtue of section 134(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
(2)(a) to be made in respect of the year;

(b) 10after 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
under subsection (5) is to be published.

15Application of levy payments

131 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) must pay the specified proportion of that amount to the relevant local
20policing 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
for the levy year under section 132(1)(b) or 133(1)(d).

(4) 25The 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
30licensing authority under subsection (2);

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

35Late night levy requirement: further provision

132 Introduction of late night levy requirement

(1) Where a licensing authority decides under section 125 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 133, each subsequent levy
year—

(i) the late night supply period;

(ii) the permitted exemption categories (if any) that are to apply in
5its area;

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

(iv) the proportion of the net amount of levy payments that is to be
paid to the relevant local policing body under section 131.

(2) 10Subsection (1)(b)(i) is subject to section 126(4) and (5).

(3) Subsection (1)(b)(iv) is subject to section 131(4).

(4) Regulations under section 134 apply in relation to any decision of a licensing
authority under section 125 or this section.

133 Amendment of late night levy requirement

(1) 15Where the late night levy requirement applies in the area of a licensing
authority under section 125, the authority may decide—

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

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

(c) that any permitted exemption categories or permitted reduction
20categories 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
paid to the relevant local policing body.

(2) Subsection (1)(b) is subject to section 126(4) and (5).

(3) 25Subsection (1)(d) is subject to section 131(4).

(4) Where—

(a) regulations under section 135 alter the permitted exemption categories
or permitted reduction categories, and

(b) by virtue of the regulations any category that applies in the area of a
30licensing 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
secure that all the categories that apply in its area in respect of future levy
periods are permitted exemption categories or permitted reduction categories.

(5) 35In subsection (4)(b), “relevant decision” means a decision under—

(a) section 132(1)(b)(ii) or (iii), or

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

(6) Where—

(a) regulations under subsection (5) of section 131 amend subsection (4) of
40that 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
section 131(4),

the licensing authority must exercise its power under subsection (1)(d) so as to
45secure 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) Any 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) 5in the case of decision under paragraph (b), (c) or (d), in respect of
future levy periods.

(8) Regulations under section 134 apply in relation to any decision of a licensing
authority under this section.

134 Introduction or variation of late night levy requirement: procedure

(1) 10Regulations 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 125(2) that the late night levy requirement is to
apply in the area of the licensing authority (and any related decision
under section 132(1));

(b) 15a decision under section 133(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 133(1)(b), (c) or (d).

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

(a) require the licensing authority, where it proposes to make any decision
20mentioned in subsection (1), to consult the following about the
proposal—

(i) the relevant local policing body;

(ii) the relevant chief officer of police;

(iii) holders of relevant late night authorisations;

(iv) 25any 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) in the case of a decision under section 125(2), make provision—

(i) enabling any relevant late night authorisation to be varied
30under 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,
and

(ii) for no fee to be payable in respect of any such application to the
35extent 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
under subsection (2)(a) must include consultation about the matters to be
decided under section 132(1).

(4) 40Regulations under this section may specify matters of which the licensing
authority must be satisfied before deciding under section 125(2) that the late
night levy requirement is to apply in its area.

(5) In subsection (2)(c), “relevant late night authorisation” includes a premises
licence or club premises certificate which would be a relevant late night
45authorisation if the licensing authority were to make the decisions in
subsection (1)(a) in accordance with the proposal.

135 Permitted exemption and reduction categories

(1) Regulations 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
5late night levy is not to apply (“permitted exemption categories”);

(b) categories of holders of relevant late night authorisations in relation to
whom, 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
10decision by the authority under section 132(1)(b) or (c) or 133(1)(c) that the
category in question is to apply in its area.

(3) Without prejudice to section 136(3), categories of holders may be prescribed for
this purpose by reference, in particular, to—

(a) participation in arrangements of particular descriptions;

(b) 15particular descriptions of premises in respect of which authorisations
are held.

(4) Regulations 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) 20the 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
in 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.

136 Late night levy: regulations

(1) 25Any 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) 30Any regulations under this Chapter may—

(a) make different provision for different cases;

(b) make provision subject to exceptions;

(c) make supplemental, incidental, consequential and transitional
provision.

(4) 35Subsection (3) is subject to section 128(4) and 135(4).

137 Interpretation

In this Chapter—

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

• 40“late night levy” means a levy payable under section 127(1);

• “the late night levy requirement” has the meaning given by section 125;

• “late night supply period”, has the meaning given by section 126;

• “levy year”, in relation to a licensing authority, means a period of one
  year, beginning with the date specified under section 132(1)(a) or an

  Police Reform and Social Responsibility BillPage 97

  anniversary of that date, for which the late night levy requirement
  applies 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);

• 5“net amount of levy payments” has the meaning given by section 129;

• “payment year”, in relation to the holder of a relevant late night
  authorisation, 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”
  10have the meanings given by section 135;

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

• “relevant late night authorisation” has the meaning given by section 126;

• “relevant chief officer of police”, in relation to a licensing authority, means
  15the chief officer of police for the police area which comprises or
  includes the area of the licensing authority;

• “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;

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

138 Crown 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) 25an interest belonging to Her Majesty in right of the Crown,

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

(c) an 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
30certificate, which relates to—

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

(b) land which is vested in, but not occupied by, the possessor for the time
being of the Duchy of Cornwall.

(3) 35Provision 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.

139 Amendments of the Licensing Act 2003

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

(2) 40In section 55 (fees: premises licences), after subsection (1) insert—

“(1A) Subsection (1) is subject to regulations under section 134(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).”

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

“(1A) Subsection (1) is subject to regulations under section 134(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 5Alcohol disorder zones

140 Alcohol disorder zones: repeal

Sections 15 to 20 of the Violent Crime Reduction Act 2006 (alcohol disorder
zones) are repealed.

Part 3 10Parliament Square Garden and surrounding area

Repeal of SOCPA 2005 provisions

141 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)
15are 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.

20Controls on activities in Parliament Square Garden and adjoining pavements

142 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) the central garden of Parliament Square, and

(b) 25the 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
  Square on which the Minister of Works was authorised by the
  30Parliament 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).

143 Prohibited 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) 5to cease doing that activity, or

(b) (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) 10erecting or keeping erected in the controlled area of Parliament
Square—

(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
15place for any period;

(c) using 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
20person placing it or keeping it in place) for the purpose of sleeping
overnight 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
25(2) if it is done—

(a) for 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 147 to do it (authorisation
for operation of amplified noise equipment).

(4) 30In subsection (2)(a) “amplified noise equipment” means any device that is
designed 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) 35a Minister of the Crown or a government department,

(b) the 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
40or similar structure erected or using a tent or similar structure, whether
the 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
45the sleeping equipment was first placed before or after the coming into
force of this section.