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| Thursday 20th October 2005 |
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| Violent Crime Reduction Bill
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| [fourth and fifth Sittings]
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| Clause 12, page 10, line 24, leave out subsection (2). |
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| Clause 12, page 10, line 24, after ‘regulations’, insert ‘to be agreed by Parliament |
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| before this Act comes into force’. |
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| Clause 12, page 10, line 24, after ‘regulations’, insert ‘which shall be published |
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| before this Act comes into effect’. |
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| Clause 12, page 10, line 24, leave out ‘or authorising’. |
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| Clause 12, page 10, line 28, leave out subsection (3). |
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| Clause 12, page 10, line 29, after second ‘authority’, insert ‘, and other relevant |
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| agencies or service providers,’. |
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| Clause 12, page 10, line 34, leave out ‘appropriate’ and insert ‘essential’. |
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| Clause 12, page 10, line 35, leave out ‘appropriate’ and insert ‘essential’. |
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| Clause 12, page 10, line 38, after ‘charges’, insert ‘in accordance with subsection |
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| Clause 12, page 11, line 4, at end insert ‘and |
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| | (c) | must provide for discounts for those premises where alcohol is sold for |
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| | consumption off the premises.’. |
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| | Negatived on division 172 |
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| Clause 12, page 11, line 7, after ‘where’, insert ‘either of the conditions in |
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| subsection (7A) are satisfied, or where’. |
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| Clause 12, page 11, line 8, leave out paragraphs (a) and (b) and insert ‘the supply |
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| of alcohol is not permitted between the hours of 8pm and 8am.’. |
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| Clause 12, page 11, line 8, leave out ‘or include’. |
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| Clause 12, page 11, line 9, leave out ‘and’. |
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| Clause 12, page 11, line 10, leave out ‘or one of the main reasons’. |
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| Clause 12, page 11, line 13, at end insert ‘; or |
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| | (c) | the alcohol sold is not for consumption on the premises in question.’. |
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| Clause 12, page 11, line 13, at end insert ‘; or |
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| | (c) | the sale of alcohol has not contributed to alcohol-related disorder in the |
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| | relevant alcohol disorder zone.’. |
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| Clause 12, page 11, line 13, at end insert— |
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| | ‘(7A) | The conditions for exemptions from charges under subsection (7) are— |
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| | (a) | that the sale or supply of alcohol on the premises has not caused any |
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| | nuisance or annoyance to members of the public, or disorder, in or near |
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| | the relevant alcohol disorder zone, or |
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| | (b) | that the sale or supply of alcohol on the premises is not likely to cause |
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| | any nuisance or annoyance to members of the public, or disorder, in or |
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| | near the relevant alcohol disorder zone.’. |
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| Clause 12, page 11, line 13, at end insert ‘; or |
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| | (c) | the sale or supply of alcohol is not permitted between the hours of 8 pm |
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| Clause 12, page 11, line 14, leave out subsection (8). |
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| Clause 12, page 11, line 22, after ‘regulations’, insert ‘to be agreed by Parliament |
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| before this Act comes into force’. |
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| Clause 12, page 11, line 23, leave out paragraph (a). |
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| Clause 12, page 11, line 29, leave out paragraph (c). |
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| Clause 12, page 11, line 29, at end insert— |
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| | ‘(9A) | Regulations made under subsection (9) shall include provision for appeals against |
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| | decisions determining such questions as set out in paragraphs (9)(a) and (b). |
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| Clause 12, page 11, line 30, leave out subsection (10). |
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| Clause 12, page 11, line 30, after ‘provision’, insert— |
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| | ‘(a) | for interest to be charged at such rate and in such manner as may be |
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| | specified in or determined under the regulations on charges that are |
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| | Clause, as amended, Agreed to. |
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| Clause 13, page 11, line 37, after ‘satisfied’, insert ‘beyond reasonable doubt’. |
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| Clause 13, page 11, line 38, after ‘been’, insert ‘persistent and repeated’. |
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| Clause 13, page 11, line 39, leave out ‘or disorder’. |
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| Clause 13, page 11, line 40, leave out from ‘with’ to ‘the’ in line 41. |
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| Clause 13, page 11, line 45, at end insert ‘; and |
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| | (e) | the decision to designate that locality as an alcohol disorder zone is |
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| | reasonable in all the circumstances’. |
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| Clause 13, page 12, line 1, after ‘locality’, insert ‘, including the proposed content |
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| Clause 13, page 12, line 12, at end insert ‘and which are reasonable in all the |
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| Clause 13, page 12, line 13, after ‘appropriate’, insert ‘and which is reasonable’. |
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| Clause 13, page 12, line 14, leave out ‘bringing it to the attention of’ and insert |
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| Clause 13, page 12, line 20, at end insert— |
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| | ‘(4A) | The relevant authorities shall consult with affected business within the locality on |
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| Clause 13, page 12, line 20, at end insert— |
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| | ‘(d) | consider and respond to any representations made in accordance with |
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| Clause 13, page 12, line 40, leave out paragraph (b). |
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| Clause 13, page 12, line 43, at end insert ‘and provided that decision to make such |
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| an order is reasonable in all the circumstances’. |
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| Clause 13, page 12, line 43, at end insert— |
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| | ‘(9) | The following persons may appeal to the Crown Court against the designation of |
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| | a locality as an alcohol disorder zone— |
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| | (a) | a person holding a premises licence authorising the use of premises in the |
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| | locality for the sale of alcohol by retail, or |
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| | (b) | a nominated officer of a club in the locality, holding a club premises |
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| | certificate authorising the supply of alcohol to members or guests. |
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| | (10) | Any appeal made under subsection (9) above shall be made within 28 days of the |
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| Clause 14, page 13, line 3, leave out subsection (3). |
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| Clause 14, page 13, line 4, after ‘varied’, insert ‘and to do so would be reasonable |
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| in accordance with the provisions of subsection 13(1)’. |
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| Clause 14, page 13, line 20, at end insert— |
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| | ‘(5A) | Twelve months after the compulsory charging stage of an Alcohol Disorder Zone |
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| | has been implemented, the locality will cease to be designated as an Alcohol |
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| | (5B) | If the local authority and police authority agree that the designation of the locality |
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| | as an Alcohol Disorder Zone should continue, they may repeat the procedure set |
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| | out under section 13 for the designation of the locality as an alcohol disorder |
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| Clause 14, page 13, line 21, leave out subsection (6). |
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| Clause 14, page 13, line 26, leave out ‘publicise’ and insert ‘communicate’. |
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| Clause 15, page 13, line 36, at end insert ‘and to the police authority for the police |
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| area in which the locality to which the proposal relates is situated.’. |
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| Clause 15, page 14, line 3, at end insert ‘and to the police authority for his police |
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| | Clause, as amended, Agreed to. |
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| Clause 16, page 14, line 17, at end insert— |
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| | ‘( ) | persons he considers represent the interests of police authorities;’. |
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| Clause 16, page 14, line 22, at end insert— |
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| | ‘(3A) | The Secretary of State may not issue guidance until a draft of it has been laid |
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| | before, and approved by resolution of, both Houses of Parliament.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 17, page 15, line 4, leave out from ‘instrument’ to end of line 5 and insert |
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| ‘but the Secretary of State may not make a statutory instrument under this Chapter unless |
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| a draft of the instrument has been laid before, and approved by a resolution of, each House |
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