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Session 2005 - 06
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Violent Crime Reduction Bill


Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders

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(2)   

A person guilty of an offence under subsection (1) shall be liable, on summary

conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not

exceeding level 4 on the standard scale, or to both.

(3)   

In relation to an offence committed before the commencement of section 281(5)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2) of this

5

section to 51 weeks is to be read as a reference to 3 months.

(4)   

If a person is convicted of an offence under subsection (1), it is not open to the

court by or before which he is convicted to make an order under subsection

(1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6).

10

(5)   

A local authority may bring proceedings for an offence under subsection (1).

(6)   

The Secretary of State may by order provide that a person of a description

specified in the order may bring proceedings for an offence under subsection

(1) in such cases and such circumstances as may be prescribed by the order.

(7)   

In proceedings for an offence under subsection (1), a copy of the original

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drinking banning order or interim order, certified as such by the proper officer

of the court which made it, is admissible as evidence—

(a)   

of its having been made, and

(b)   

of its contents,

   

to the same extent that oral evidence of those things is admissible in those

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proceedings.

(8)   

If proceedings for an offence under subsection (1) are brought in a youth court,

section 47(2) of the Children and Young Persons Act 1933 (c. 12) has effect as if

the persons entitled to be present for the purposes of those proceedings

included one person authorised to be present by a relevant authority.

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(9)   

In relation to proceedings brought against a young person for an offence under

subsection (1)—

(a)   

section 49 of the Children and Young Persons Act 1933 (restrictions on

reports of proceedings in which children and young persons are

concerned) does not apply in respect of the young person against

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whom the proceedings are brought; and

(b)   

section 45 of the Youth Justice and Criminal Evidence Act 1999 (c. 23)

(power to restrict reporting on criminal proceedings involving persons

under 18) does so apply.

(10)   

If, in relation to any such proceedings, the court does exercise its power to give

35

a direction under section 45 of the Youth Justice and Criminal Evidence Act

1999, it must give its reasons for doing so.

(11)   

Subject to paragraph 2(2) of Schedule 2 to the Youth Justice and Criminal

Evidence Act 1999, until section 45 of that Act comes into force, the references

to it in this section are to be read as references to section 39 of the Children and

40

Young Persons Act 1933 (power to prohibit publication of certain matters).

(12)   

The power of the Secretary of State to make an order under this section is

exercisable by statutory instrument subject to annulment pursuant to a

resolution of either House of Parliament.

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders

9

 

11      

Interpretation of Chapter 1

(1)   

In this Chapter —

“appropriate persons”, in relation to an application for a drinking banning

order or an application referred to in section 3(6)(b) or (c), means such

of the following as is not a party to the application—

5

(a)   

the chief officer of police of the police force for the police area

where the conduct to which the application relates occurred;

(b)   

the chief officer of police of the police force for the police area in

which the individual to whose conduct the application relates

normally resides;

10

(c)   

the local authority in whose area that individual normally

resides; and

(d)   

the Chief Constable of the British Transport Police Force;

“drinking banning order” means an order under section 2, 3 or 5;

“interim order” means an order under section 8;

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“local authority” means—

(a)   

a county council in England;

(b)   

a metropolitan district council;

(c)   

a non-metropolitan district council for an area for which there is

no county council;

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(d)   

a London borough council;

(e)   

the Common Council of the City of London;

(f)   

the Council of the Isles of Scilly;

(g)   

a county council or a county borough council in Wales;

“relevant authority” means—

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(a)   

the chief officer of police of a police force for a police area;

(b)   

the Chief Constable of the British Transport Police Force;

(c)   

a local authority;

“relevant persons” means—

(a)   

in relation to the chief officer of a police force, persons who are

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within or likely to be within the police area for which that force

is maintained;

(b)   

in relation to the Chief Constable of the British Transport Police

Force, persons who are within or likely to be within a place

specified in section 31(1)(a) to (f) of the Railways and Transport

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Safety Act 2003 (c. 20);

(c)   

in relation to a local authority, persons who are within or likely

to be within the area of the authority;

“subject”, in relation to an order, means the individual against whom it is

made;

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“young person” has the same meaning as in the Children and Young

Persons Act 1933 (c. 12) (see section 107(1) of that Act).

(2)   

References in this Chapter to protecting persons from criminal or disorderly

conduct include references to protecting their property from unlawful loss or

damage; and, in relation to such protection, references to persons within an

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area include references to any persons with property within that area.

(3)   

The Secretary of State may by order provide that a person of a description

specified in the order is to be regarded as a relevant authority for such

purposes of the provisions of this Chapter as are specified in the order.

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones

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(4)   

The power to make an order under subsection (3) is exercisable by statutory

instrument subject to annulment pursuant to a resolution of either House of

Parliament.

(5)   

That power includes power—

(a)   

to make different provision for different cases;

5

(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

provision as he thinks fit.

(6)   

The power under subsection (5) to make incidental, supplemental and

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consequential provision includes power to modify so much of this section as

defines “appropriate persons” and “relevant persons”.

Chapter 2

Alcohol Disorder Zones

12      

Power to impose charges on licence holders etc. in zones

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(1)   

The Secretary of State may, by regulations, make provision for the imposition

by a local authority of charges to be paid to the authority for each month by—

(a)   

persons who for the whole or a part of that month held premises

licences authorising the use of premises in alcohol disorder zones in the

authority’s area for the sale of alcohol by retail; and

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(b)   

clubs which for the whole or a part of that month were authorised by

virtue of club premises certificates to use premises in such zones for the

supply of alcohol to members or guests.

(2)   

The Secretary of State may by regulations make provision requiring or

authorising a local authority that imposes charges by reference to an alcohol

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disorder zone to use sums received by them in respect of those charges for the

purposes specified in or determined under the regulations.

(3)   

Those regulations may include provision requiring the amounts to be paid by

a local authority towards compensating and reimbursing a police authority to

be determined—

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(a)   

by agreement between the local authority and the police authority; or

(b)   

in the absence of agreement, by the Secretary of State.

(4)   

The rates of charges fixed under this section must be such as the Secretary of

State considers appropriate for securing that the funds that he considers

appropriate are available (after the costs of the scheme have been met from the

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charges) to be used for any purposes specified in or determined under

subsection (2).

(5)   

Regulations under this section fixing the rates of charges may fix different rates

for different descriptions of local authority, different descriptions of alcohol

disorder zones and different descriptions of premises and may do so either—

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(a)   

by setting out the different rates in the regulations; or

(b)   

by specifying the methods of computing the different rates in the

regulations.

(6)   

Regulations under this section fixing such rates—

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones

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(a)   

may authorise or require a local authority to grant discounts from the

charges; and

(b)   

must provide for exemptions from the charges for the purpose

mentioned subsection (7).

(7)   

The only exemptions from charges for which regulations under this section

5

may provide are exemptions for the purpose of securing that charges are not

imposed in relation to premises where—

(a)   

the principal use to which the premises are put does not consist in or

include the sale or supply of alcohol; and

(b)   

the availability of alcohol on those premises is not the main reason, or

10

one of the main reasons, why individuals enter or remain on those

premises (whether generally or at particular times of the day or on

particular days of the week, or both).

(8)   

Regulations providing for a discount or exemption from charges may make a

discount or exemption subject to compliance with conditions which—

15

(a)   

are set out in the regulations; or

(b)   

are specified by the local authority in accordance with provision made

under the regulations;

   

and those conditions may include conditions requiring approvals to be given

in respect of premises by such persons, and in accordance with such scheme,

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as may be provided for in the regulations.

(9)   

The Secretary of State may by regulations make provision about—

(a)   

the payment, collection and enforcement of charges imposed in

accordance with regulations under this section;

(b)   

the determination of questions about liability for such charges, about

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the rate of charge applicable in relation to a particular set of premises

or about compliance with the conditions of any exemption or discount;

and

(c)   

appeals against decisions determining such questions.

(10)   

Such regulations may include provision for the suspension of premises

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licences and club premises certificates for non payment of a charge.

(11)   

In subsection (4) the reference, in relation to any charges, to the costs of the

scheme is a references to the costs of the arrangements made for or in

connection with the imposition, collection and recovery of those charges.

13      

Designation of alcohol disorder zones

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(1)   

A local authority may by order designate a locality in their area as an alcohol

disorder zone if they are satisfied—

(a)   

that there has been nuisance or annoyance to members of the public, or

a section of the public, or disorder, in or near that locality;

(b)   

that the nuisance, annoyance or disorder is associated with the

40

consumption of alcohol in that locality or with the consumption of

alcohol supplied at premises in that locality;

(c)   

that there is likely to be a repetition of nuisance, annoyance or disorder

that is so associated; and

(d)   

that subsection (8) allows the making of the order.

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(2)   

Before designating a locality as an alcohol disorder zone, a local authority must

publish a notice—

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones

12

 

(a)   

setting out their proposal to designate the locality; and

(b)   

inviting persons interested to make representations about the proposal,

and about what might be included in the action plan under

subsection (4).

(3)   

That notice must require the representations to be made before the end of the

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period of 28 days beginning with the day after publication of the notice.

(4)   

As soon as reasonably practicable after the end of the period for making

representations about a proposal by a local authority to designate a locality, the

local authority and the local chief officer of police must—

(a)   

prepare a document (“the action plan”) setting out the steps the taking

10

of which would, in their opinion, make the designation of the locality

unnecessary;

(b)   

publish the action plan in such manner as they consider appropriate for

bringing it to the attention of persons likely to be interested in it; and

(c)   

send a copy of the plan to every person who holds—

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(i)   

a premises licence authorising the use of premises in the locality

for the sale of alcohol by retail; or

(ii)   

a club premises certificate by virtue of which authorisation is

given to the use of premises in the locality for the supply of

alcohol to members or guests.

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(5)   

The steps set out in the action plan may include the establishment and

maintenance of a scheme for the making of payments to the local authority.

(6)   

The action plan must also contain proposals by—

(a)   

the local authority in whose area the locality to which the proposed

designation relates is situated, and

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(b)   

the local chief officer of police,

   

about what action they will take in relation to that locality if the plan is

implemented.

(7)   

The power of the Secretary of State to make regulations under subsection (2) of

section 12 shall be exercisable in relation to sums received by a local authority

30

in accordance with such a scheme as it is exercisable in relation to sums

received by a local authority in respect of charges imposed by virtue of

regulations under that section.

(8)   

A local authority may only make an order designating a locality as an alcohol

disorder zone if—

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(a)   

the period of 8 weeks beginning with the day after the publication of

the action plan has expired without such steps for implementing the

action plan having been taken as, in that authority’s opinion, make the

designation of the locality unnecessary; or

(b)   

the local authority is satisfied (whether before or after the end of that

40

period) that the plan will not be implemented, that the steps required

by the plan are no longer being taken or that effect is no longer being

given to arrangements made in accordance with the plan.

14      

Procedure for designation of zones

(1)   

An order designating an alcohol disorder zone must identify the locality being

45

designated either by name or, if appropriate, by describing its boundaries.

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones

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(2)   

A local authority who have designated a locality as an alcohol disorder zone

may by order revoke the designation.

(3)   

If a local authority consider that the locality designated by an alcohol disorder

zone should be varied, they may—

(a)   

make a proposal for the purposes of section 13 for a replacement order

5

designating a locality that includes the whole or part of the locality

already designated; and

(b)   

in any designation order made to give effect to that proposal, revoke

the previous designation with effect from the coming into force of the

replacement order.

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(4)   

The local authority who have designated a locality as an alcohol disorder zone

and the local chief officer of police must—

(a)   

as soon as reasonably practicable after the end of three months from the

coming into force of the designation, and

(b)   

as soon as reasonably practicable after the end of each subsequent

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period of three months,

   

together carry out a review of the need for the designation.

(5)   

On each such review the local authority and local chief officer of police must

consider whether it would be appropriate for any of the powers in subsections

(2) and (3) to be exercised.

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(6)   

The Secretary of State may make regulations which, for the purpose of

supplementing the provisions of section 13 and this section, prescribe

additional procedures to be followed in relation to the making or revocation of

orders for the designation of a locality as an alcohol disorder zone.

(7)   

Those regulations must include, in particular, provision requiring local

25

authorities to publicise the making and effect of orders designating localities as

alcohol disorder zones.

15      

Functions of local chief officer of police

(1)   

It is the duty of a local authority to consider whether to make a proposal for the

designation of a locality as an alcohol disorder zone if the local chief officer of

30

police applies to them to do so.

(2)   

If on such an application the local authority decides not to make a proposal,

they must—

(a)   

give notice of their decision (setting out their reasons) to the local chief

officer of police; and

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(b)   

send a copy of that notice to the Secretary of State.

(3)   

A local authority which—

(a)   

are proposing to designate a locality as an alcohol disorder zone, and

(b)   

are not doing so on an application from the local chief officer of police,

   

must consult that chief officer before publishing notice of their proposal.

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(4)   

The consent of the local chief officer of police is required for the making of—

(a)   

an order designating a locality as an alcohol disorder zone; or

(b)   

the making of an order under section 14(2).

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones

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(5)   

Where the local chief officer of police does not give a consent required by

subsection (4)(a), he must give notice of his decision (setting out his reasons) to

the Secretary of State.

16      

Guidance about the designation of zones

(1)   

The Secretary of State—

5

(a)   

must issue such guidance as he considers appropriate about the

manner in which local authorities, police authorities and chief officers

of police are to exercise and perform their powers and duties by virtue

of this Chapter; and

(b)   

may from time to time revise that guidance.

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(2)   

The guidance must include guidance about what alternative steps should be

considered before a proposal is made for the designation of a locality as an

alcohol disorder zone.

(3)   

Before issuing or revising any guidance under this section, the Secretary of

State must consult—

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(a)   

persons he considers represent the interests of local authorities;

(b)   

persons he considers represent the interests of chief officers of police;

(c)   

persons he considers represent the interests of holders of premises

licences;

(d)   

persons he considers represent the interests of holders of club premises

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certificates; and

(e)   

such other persons as he thinks fit.

(4)   

It shall be the duty of every local authority, police authority and chief officer of

police, in exercising their powers and duties by virtue of this Chapter, to have

regard to the guidance for the time being in force under this section.

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17      

Supplemental provisions for Chapter 2

(1)   

In this Chapter—

“alcohol disorder zone” means a locality designated as such a zone under

section 13;

“local authority” means—

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(a)   

a district council;

(b)   

a county council for an area for which there are no district

councils;

(c)   

a London borough council;

(d)   

the Common Council of the City of London in its capacity as a

35

local authority;

(e)   

the Council of the Isles of Scilly;

(f)   

a county council or a county borough council in Wales;

“local chief officer of police”, in relation to the designation of a locality as

an alcohol disorder zone, means the chief of police of the police force

40

for the police area in which that locality is situated;

“locality” includes a part of a locality.

(2)   

Expressions used in this Chapter and in the Licensing Act 2003 (c. 17) or in a

Part of that Act have the same meanings in this Chapter as in that Act or Part.

 
 

 
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Revised 8 June 2005