Violent Crime Reduction Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Violent Crime Reduction Bill

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
15

(3)
References in this Chapter to premises’ being in a locality (however described)
include references to their being partly in that locality.
(4)
The powers of the Secretary of State to make regulations under this Chapter
shall be exercisable by statutory instrument subject to annulment in pursuance
of a resolution of either House of Parliament.
5
(5)
Those powers all include power—
(a)
to make different provision for different cases;
(b)
to make provision subject to such exemptions and exceptions as the
Secretary of State thinks fit; and
(c)
to make such incidental, supplemental, consequential and transitional
10
provision as he thinks fit.
(6)
Subsection (5)(b) is subject to the restriction on exemptions contained in section
12(7).
Chapter 3
Other provisions
15
Licence reviews
18
Power of police to require review of premises licence
After section 53 of the Licensing Act 2003 (c. 17), insert—
“Summary reviews in serious cases of crime or disorder
53A
Summary reviews on application of senior police officer
20
(1)
The chief officer of police of a police force for a police area may apply
under this section to the relevant licensing authority for a review of the
premises licence for any premises wholly or partly in that area if—
(a)
the premises are licensed premises in relation to the sale of
alcohol by retail; and
25
(b)
a senior member of that force has given a certificate that it is his
opinion that the premises are associated with serious crime or
serious disorder or both;

and that certificate must accompany the application.
(2)
On receipt of such an application, the relevant licensing authority
30
must—
(a)
within 48 hours of the time of its receipt, consider under section
53B whether it is necessary to take interim steps pending the
determination of a review of the premises licence; and
(b)
within 28 days after the day of its receipt, review that licence in
35
accordance with section 53C and reach a determination on that
review.
(3)
The Secretary of State must by regulations—
(a)
require a relevant licensing authority to whom an application
for a review under this section has been made to give notice of
40
the review to the holder of the premises licence and to every
responsible authority;

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
16

(b)
prescribe the period after the making of the application within
which the notice under paragraph (a) must be given;
(c)
require a relevant licensing authority to advertise the review,
inviting representations about it to be made to the authority by
the responsible authorities and interested parties;
5
(d)
prescribe the period after the making of the application within
which the advertisement must be published;
(e)
prescribe the period after the publication of the advertisement
during which representations may be made by the holder of the
premises licence, any responsible authority or any interested
10
party; and
(f)
require a notice or advertisement under paragraph (a) or (c) to
specify the period prescribed under paragraph (e).
(4)
In this section—
‘senior member’, in relation to a police force, means a police
15
officer who is a member of that force and of or above the rank
of superintendent; and
‘serious crime’ has the same meaning as in the Regulation of
Investigatory Powers Act 2000 (c. 23) (see section 81(2) and (3)
of that Act).
20
(5)
In computing the period of 48 hours mentioned in subsection (2)(a)
time that is not on a working day is to be disregarded.
53B
Interim steps pending review
(1)
This section applies to the consideration by a relevant licensing
authority on an application under section 53A whether it is necessary
25
to take interim steps pending the determination of the review applied
for.
(2)
The consideration may take place without the holder of the premises
licence having been given an opportunity to make representations to
the relevant licensing authority.
30
(3)
The interim steps the relevant licensing authority must consider taking
are—
(a)
the modification of the conditions of the premises licence;
(b)
the exclusion of the sale of alcohol by retail from the scope of the
licence;
35
(c)
the removal of the designated premises supervisor from the
licence;
(d)
the suspension of the licence.
(4)
For the purposes of subsection (3)(a) the conditions of a premises
licence are modified if any of them is altered or omitted or any new
40
condition is added.
(5)
Where on its consideration of whether to take interim steps the relevant
licensing authority does take one or more such steps—
(a)
its decision takes effect immediately or as soon after that as that
authority directs; but
45
(b)
it must give immediate notice of its decision and of its reasons
for making it to—
(i)
the holder of the premises licence; and

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
17

(ii)
the chief officer of police for the police area in which the
premises are situated (or for each police area in which
they are partly situated).
(6)
If the holder of the premises licence makes, and does not withdraw,
representations against any interim steps taken by the relevant
5
licensing authority, the authority must, within 48 hours of the time of
its receipt of the representations, hold a hearing to consider those
representations.
(7)
The relevant licensing authority must give advance notice of the
hearing to—
10
(a)
the holder of the premises licence;
(b)
the chief officer of police for the police area in which the
premises are situated (or for each police area in which they are
partly situated).
(8)
At the hearing, the relevant licensing authority must—
15
(a)
consider whether the interim steps are necessary for the
promotion of the licensing objectives; and
(b)
determine whether to withdraw or modify the steps taken.
(9)
In considering those matters the relevant licensing authority must have
regard to—
20
(a)
the certificate that accompanied the application;
(b)
any representations made by the chief officer of police for the
police area in which the premises are situated (or for each police
area in which they are partly situated); and
(c)
any representations made by the holder of the premises licence.
25
(10)
In computing the period of 48 hours mentioned in subsection (6) time
that is not on a working day is to be disregarded.
53C
Review of premises licence following review notice
(1)
This section applies to a review of a premises licence which a relevant
licensing authority has to conduct on an application under section 53A.
30
(2)
The relevant licensing authority must—
(a)
hold a hearing to consider the application for the review and
any relevant representations;
(b)
take such steps mentioned in subsection (3) (if any) as it
considers necessary for the promotion of the licensing
35
objectives; and
(c)
secure that, from the coming into effect of the decision made on
the determination of the review, any interim steps having effect
pending that determination cease to have effect (except so far as
they are comprised in steps taken in accordance with paragraph
40
(b)).
(3)
Those steps are—
(a)
the modification of the conditions of the premises licence,
(b)
the exclusion of a licensable activity from the scope of the
licence,
45
(c)
the removal of the designated premises supervisor from the
licence,

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
18

(d)
the suspension of the licence for a period not exceeding three
months, or
(e)
the revocation of the licence.
(4)
For the purposes of subsection (3)(a) the conditions of a premises
licence are modified if any of them is altered or omitted or any new
5
condition is added.
(5)
Subsection (2)(b) is subject to sections 19, 20 and 21 (requirement to
include certain conditions in premises licences).
(6)
Where the authority takes a step within subsection (3)(a) or (b), it may
provide that the modification or exclusion is to have effect only for a
10
specified period (not exceeding three months).
(7)
In this section ‘relevant representations’ means representations
which—
(a)
are relevant to one or more of the licensing objectives, and
(b)
meet the requirements of subsection (8).
15
(8)
The requirements are—
(a)
that the representations are made by the holder of the premises
licence, a responsible authority or an interested party within the
period prescribed under subsection 53A(3)(e),
(b)
that they have not been withdrawn, and
20
(c)
if they are made by an interested party (who is not also a
responsible authority), that they are not, in the opinion of the
relevant licensing authority, frivolous or vexatious.
(9)
Where the relevant licensing authority determines that any
representations are frivolous or vexatious, it must notify the person
25
who made them of the reasons for that determination.
(10)
Where a relevant licensing authority determines a review under this
section it must notify the determination and its reasons for making it
to—
(a)
the holder of the premises licence,
30
(b)
any person who made relevant representations, and
(c)
the chief officer of police for the police area in which the
premises are situated (or for each police area in which they are
partly situated).
(11)
A decision under this section does not have effect until—
35
(a)
the end of the period given for appealing against the decision,
or
(b)
if the decision is appealed against, the time the appeal is
disposed of.”
19
Provisions supplemental to s. 18
40
(1)
In section 10(4) of the Licensing Act 2003 (c. 17) (matters not capable of
delegation to officers of a relevant licensing authority)—
(a)
in paragraph (a), after sub-paragraph (vi) insert—
“(via)
section 53A(2)(a) or 53B (determination of
interim steps pending summary review),”;
45

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
19

(b)
after paragraph (b), insert—
“(ba)
any function under section 53C (review following
review notice), in a case where relevant representations
(within the meaning of section 53C(7)) have been
made,”.
5
(2)
In Schedule 5 to that Act (appeals), after paragraph 8 insert—
“Summary review of premises licence
8A    (1)
This paragraph applies where a review of a premises licence is
decided under section 53A(2)(b) (review of premises licence
following review notice).
10
      (2)
An appeal may be made against that decision by—
(a)
the chief officer of police for the police area (or each police
area) in which the premises are situated,
(b)
the holder of the premises licence, or
(c)
any other person who made relevant representations in
15
relation to the application for the review.
      (3)
In sub-paragraph (2) ‘relevant representations’ has the meaning
given in section 53C(7).”
Persistently selling alcohol to children
20
Offence of persistently selling alcohol to children
20
(1)
After section 147 of the Licensing Act 2003 (c. 17) insert—
“147A
  Persistently selling alcohol to children
(1)
A person is guilty of an offence if—
(a)
on 3 or more different occasions within a period of 3
consecutive months alcohol is unlawfully sold on the same
25
premises to an individual aged under 18;
(b)
at the time of each sale the premises were either licensed
premises or premises authorised to be used for a permitted
temporary activity by virtue of Part 5; and
(c)
that person was a responsible person in relation to the premises
30
at each such time.
(2)
For the purposes of this section alcohol sold to an individual aged
under 18 is unlawfully sold to him if—
(a)
the person making the sale believed the individual to be aged
under 18; or
35
(b)
that person did not have reasonable grounds for believing the
individual to be aged 18 or over.
(3)
For the purposes of subsection (2) a person has reasonable grounds for
believing an individual to be aged 18 or over only if—
(a)
he asked the individual for evidence of his age and that
40
individual produced evidence that would have convinced a
reasonable person; or

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
20

(b)
nobody could reasonably have suspected from the individual’s
appearance that he was aged under 18.
(4)
A person is, in relation to premises and a time, a responsible person for
the purposes of subsection (1) if, at that time, he is—
(a)
the person or one of the persons holding a premises licence in
5
respect of the premises; or
(b)
the person or one of the persons who is the premises user in
respect a temporary event notice by reference to which the
premises are authorised to be used for a permitted temporary
activity by virtue of Part 5.
10
(5)
The individual to whom the sales mentioned in subsection (1) are made
may, but need not be, the same in each case.
(6)
The same sale may not be counted in respect of different offences for the
purpose—
(a)
of enabling the same person to be convicted of more than one
15
offence under this section; or
(b)
of enabling the same person to be convicted of both an offence
under this section and an offence under section 146 or 147.
(7)
In determining whether an offence under this section has been
committed, the following shall be admissible as evidence that there has
20
been an unlawful sale of alcohol to an individual aged under 18 on any
premises on any occasion—
(a)
the conviction of a person for an offence under section 146 in
respect of a sale to that individual on those premises on that
occasion;
25
(b)
the giving to a person of a caution (within the meaning of Part
5 of the Police Act 1997) in respect of such an offence; or
(c)
the payment by a person of a fixed penalty under Part 1 of the
Criminal Justice and Police Act 2001 in respect of such a sale.
(8)
A person guilty of an offence under this section shall be liable, on
30
summary conviction, to a fine not exceeding £10,000.
(9)
The Secretary of State may by order amend subsection (8) to increase
the maximum fine for the time being specified in that subsection.
147B
Order suspending a licence in respect of offence under section 147A
(1)
Where the holder of a premises licence is convicted of an offence under
35
section 147A in respect of sales on the premises to which the licence
relates, the court may order that so much of the licence as authorises the
sale by retail of alcohol on those premises is suspended for a period not
exceeding three months.
(2)
Where more than one person is liable for an offence under section 147A
40
relating to the same sales, no more than one order under subsection (1)
may be made in relation to the premises in question in respect of
convictions by reference to those sales.
(3)
Subject to subsections (4) and (5), an order under subsection (1) comes
into force at the time specified by the court that makes it.
45
(4)
Where a magistrates’ court makes an order under subsection (1), it may
suspend its coming into force pending an appeal.

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
21

(5)
Section 130 (powers of appellate court to suspend section 129 order)
applies (with the omission of subsection (9)) where an order under
subsection (1) is made on conviction of an offence under section 147A
as it applies where an order under section 129 is made on conviction of
a relevant offence in Part 6.”
5
(2)
In section 186(2) of that Act (persons who may institute prosecutions under
that Act)—
(a)
in paragraph (a) (licensing authority), at the beginning insert “except in
the case of an offence under section 147A,”; and
(b)
in paragraph (c) (local weights and measures authority), for “or 147”
10
substitute “, 147 or 147A”.
(3)
In the Criminal Appeal Act 1968 (c. 19)—
(a)
in sections 31(2C) and 44(3), after “section 129” insert, in each case, “or
147B(1)”;
(b)
in section 50(1)(i) for “section 129(2) of the Licensing Act 2003
15
(forfeiture or suspension of personal licence)” substitute “section 129 or
147B(1) of the Licensing Act 2003 (forfeiture or suspension etc. of
licence)”.
(4)
A sale of alcohol is not to count for the purposes of the offence under section
147A of the Licensing Act 2003 (c. 17) if it took place before the commencement
20
of this section.
21
Closure notices for persistently selling alcohol to children
(1)
After section 169 of the Licensing Act 2003 insert—
“Closure notices
169A
Closure notices for persistently selling alcohol to children
25
(1)
A relevant officer may give a notice under this section (a ‘closure
notice’) applying to any premises if he has reasonable grounds for
believing—
(a)
that an offence under section 147A (‘the alleged offence’) has
been committed in relation to those premises; and
30
(b)
that a person liable for that offence is still, at the time when the
notice is given, the holder of a premises licence in respect of
those premises, or one of the holders of such a licence.
(2)
A closure notice is a notice which—
(a)
proposes a prohibition for a period not exceeding 48 hours on
35
sales of alcohol on the premises in question; and
(b)
offers the opportunity to discharge all criminal liability in
respect of the alleged offence by the acceptance of the
prohibition proposed by the notice.
(3)
A closure notice must—
40
(a)
be in the form prescribed by regulations made by the Secretary
of State;
(b)
specify the premises to which it applies;