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 2 — Alcohol Disorder Zones
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Procedure for designation of zones
(1)
An order designating an alcohol disorder zone must identify the locality being
designated either by name or, if appropriate, by describing its boundaries.
(2)
A local authority who have designated a locality as an alcohol disorder zone
may by order revoke the designation.
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(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
designating a locality that includes the whole or part of the locality
already designated; and
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(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.
(4)
The local authority who have designated a locality as an alcohol disorder zone
and the local chief officer of police must—
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(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
period of three months,

together carry out a review of the need for the designation.
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(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.
(6)
The Secretary of State may make regulations which, for the purpose of
supplementing the provisions of section 13 and this section, prescribe
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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
authorities to publicise the making and effect of orders designating localities as
alcohol disorder zones.
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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
police applies to them to do so.
(2)
If on such an application the local authority decides not to make a proposal,
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they must—
(a)
give notice of their decision (setting out their reasons) to the local chief
officer of police; and
(b)
send a copy of that notice to the Secretary of State and to the police
authority for the police area in which the locality to which the proposal
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relates is situated.
(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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Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones
14

(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).
(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
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the Secretary of State and to the police authority for his police area.
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Guidance about the designation of zones
(1)
The Secretary of State—
(a)
must issue such guidance as he considers appropriate about the
manner in which local authorities, police authorities and chief officers
10
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.
(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
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alcohol disorder zone.
(3)
Before issuing or revising any guidance under this section, the Secretary of
State must consult—
(a)
persons he considers represent the interests of local authorities;
(b)
persons he considers represent the interests of chief officers of police;
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(c)
persons he considers represent the interests of police authorities;
(d)
persons he considers represent the interests of holders of premises
licences;
(e)
persons he considers represent the interests of holders of club premises
certificates; and
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(f)
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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Supplemental provisions for Chapter 2
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(1)
In this Chapter—
“alcohol disorder zone” means a locality designated as such a zone under
section 13;
“local authority” means—
(a)
a district council;
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(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
local authority;
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(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
for the police area in which that locality is situated;
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Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
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“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.
(3)
References in this Chapter to premises’ being in a locality (however described)
include references to their being partly in that locality.
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(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)
Those powers all include power—
(a)
to make different provision for different cases;
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(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)
Subsection (5)(b) is subject to the restriction on exemptions contained in section
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12(6).
Chapter 3
Other provisions
Licence reviews
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Power of police to require review of premises licence
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After section 53 of the Licensing Act 2003, insert—
“Summary reviews in serious cases of crime or disorder
53A
Summary reviews on application of senior police officer
(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
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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
(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
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serious disorder or both;

and that certificate must accompany the application.
(2)
On receipt of such an application, the relevant licensing authority
must—
(a)
within 48 hours of the time of its receipt, consider under section
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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
accordance with section 53C and reach a determination on that
review.
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(3)
The Secretary of State must by regulations—

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

(a)
require a relevant licensing authority to whom an application
for a review under this section has been made to give notice of
the review to the holder of the premises licence and to every
responsible authority;
(b)
prescribe the period after the making of the application within
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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;
(d)
prescribe the period after the making of the application within
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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
party; and
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(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
officer who is a member of that force and of or above the rank
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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).
(5)
In computing the period of 48 hours mentioned in subsection (2)(a)
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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
to take interim steps pending the determination of the review applied
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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.
(3)
The interim steps the relevant licensing authority must consider taking
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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;
(c)
the removal of the designated premises supervisor from the
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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
condition is added.
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(5)
Where on its consideration of whether to take interim steps the relevant
licensing authority does take one or more such steps—

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

(a)
its decision takes effect immediately or as soon after that as that
authority directs; but
(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
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(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
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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—
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(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—
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(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—
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(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.
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(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.
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(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
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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
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(b)).
(3)
Those steps are—

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

(a)
the modification of the conditions of the premises licence,
(b)
the exclusion of a licensable activity from the scope of the
licence,
(c)
the removal of the designated premises supervisor from the
licence,
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(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
10
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
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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).
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(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
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(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
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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,
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(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—
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(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.”