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
19

19
Provisions supplemental to s. 18
(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
5
interim steps pending summary review),”;
(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
10
made,”.
(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
15
following review notice).
      (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
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(c)
any other person who made relevant representations in
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
25
20
Offence of persistently selling alcohol to children
(1)
After section 147 of the Licensing Act 2003 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
30
consecutive months alcohol is unlawfully sold on the same
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
35
(c)
that person was a responsible person in relation to the premises
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
40
under 18; or
(b)
that person did not have reasonable grounds for believing the
individual to be aged 18 or over.

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

(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
individual produced evidence that would have convinced a
reasonable person; or
5
(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
10
respect of the premises; or
(b)
the person or one of the persons who is the premises user in
respect of 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.
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(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
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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
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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;
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(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
35
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
40
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
45
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.

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

(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.
(4)
Where a magistrates’ court makes an order under subsection (1), it may
suspend its coming into force pending an appeal.
(5)
Section 130 (powers of appellate court to suspend section 129 order)
5
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.”
(2)
In section 186(2) of that Act (persons who may institute prosecutions under
10
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”
substitute “, 147 or 147A”.
15
(3)
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
of this section.
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Closure notices for persistently selling alcohol to children
(1)
After section 169 of the Licensing Act 2003 insert—
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“Closure notices
169A
Closure notices for persistently selling alcohol to children
(1)
A relevant officer may give a notice under this section (a ‘closure
notice’) applying to any premises if—
(a)
there is evidence that a person (‘the offender’) has committed
25
an offence under section 147A in relation to those premises;
(b)
the relevant officer considers that the evidence is such that, if
the offender were prosecuted for the offence, there would be a
realistic prospect of his being convicted; and
(c)
the offender is still, at the time when the notice is given, the
30
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
sales of alcohol on the premises in question; and
35
(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—
(a)
be in the form prescribed by regulations made by the Secretary
40
of State;
(b)
specify the premises to which it applies;
(c)
give such particulars of the circumstances believed to constitute
the alleged offence (including the sales to which it relates) as are
necessary to provide reasonable information about it;
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Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
22

(d)
specify the length of the period during which it is proposed that
sales of alcohol should be prohibited on those premises;
(e)
specify when that period would begin if the prohibition is
accepted;
(f)
explain what would be the effect of the proposed prohibition
5
and the consequences under this Act (including the maximum
penalties) of a sale of alcohol on the premises during the period
for which it is in force;
(g)
explain the right of every person who, at the time of the alleged
offence, held or was one of the holders of a premises licence in
10
respect of those premises to be tried for that offence; and
(h)
explain how that right may be exercised and how (where it is
not exercised) the proposed prohibition may be accepted.
(4)
The period specified for the purposes of subsection (3)(d) must be not
more than 48 hours; and the time specified as the time from which that
15
period would begin must be not less than 14 days after the date of the
service of the closure notice in accordance with subsection (6).
(5)
The provision included in the notice by virtue of subsection (3)(h)
must—
(a)
provide a means of identifying a police officer or trading
20
standards officer to whom notice exercising the option to accept
the prohibition may be given;
(b)
set out particulars of where and how that notice may be given
to that police officer or trading standards officer;
(c)
require that notice to be given within 14 days after the date of
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the service of the closure notice; and
(d)
explain that the right to be tried for the alleged offence will be
taken to have been exercised unless every person who, at the
time of the notice, holds or is one of the holders of the premises
licence for the premises in question accepts the proposed
30
prohibition.
(6)
Section 184 (giving of notices) does not apply to a closure notice; but
such a notice must be served on the premises to which it applies.
(7)
A closure notice may be served on the premises to which it applies—
(a)
only by being handed by a constable or trading standards
35
officer to a person on the premises who appears to the constable
or trading standards officer to have control of or responsibility
for the premises (whether on his own or with others); and
(b)
only at a time when it appears to that constable or trading
standards officer that licensable activities are being carried on
40
there.
(8)
A copy of every closure notice given under this section must be sent to
the holder of the premises licence for the premises to which it applies at
whatever address for that person is for the time being set out in the
licence.
45
(9)
A closure notice must not be given more than 3 months after the time
of the last of the sales to which the alleged offence relates.

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
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(10)
No more that one closure notice may be given in respect of offences
relating to the same sales; nor may such a notice be given in respect of
an offence in respect of which a prosecution has already been brought.
(11)
In this section ‘relevant officer’ means—
(a)
a police officer of the rank of superintendent or above; or
5
(b)
an inspector of weights and measures appointed under section
72(1) of the Weights and Measures Act 1985.
169B
Effect of closure notices
(1)
This section applies where a closure notice is given under section 169A
in respect of an alleged offence under section 147A.
10
(2)
No proceedings may be brought for the alleged offence or any related
offence at any time before the time when the prohibition proposed by
the notice would take effect.
(3)
If before that time every person who, at the time of the notice, holds or
is one of the holders of the premises licence for the premises in question
15
accepts the proposed prohibition in the manner specified in the
notice—
(a)
that prohibition takes effect at the time so specified in relation
to the premises in question; and
(b)
no proceedings may subsequently be brought against any such
20
person for the alleged offence or any related offence.
(4)
If the prohibition contained in a closure notice takes effect in
accordance with subsection (3)(a) in relation to any premises, so much
of the premises licence for those premises as authorises the sale by retail
of alcohol on those premises is suspended for the period specified in the
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closure notice.
(5)
In this section ‘related offence’, in relation to the alleged offence, means
an offence under section 146 or 147 in respect of any of the sales to
which the alleged offence relates.
(6)
The operation of this section is not affected by any contravention of
30
section 169A(8).”
(2)
In subsection (1) of section 170 of that Act (exemptions from liability)—
(a)
for “A constable is not” substitute “Neither a constable nor a trading
standards officer is”; and
(b)
at the end insert “or of his functions in relation to a closure notice”.
35
(3)
For subsection (2) of that section substitute—
“(2)
Neither a chief officer of police nor a local weights and measures
authority is liable for relevant damages in respect of any act or omission
of a person in the performance or purported performance, while under
the direction or control of such a chief officer or local weights and
40
measures authority—
(a)
of a function of that person in relation to a closure order, or any
extension of it; or
(b)
of a function in relation to a closure notice.”

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
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(4)
After subsection (4) of that section insert—
“(4A)
In this section references to a constable include references to a person
exercising the powers of a constable by virtue of a designation under
section 38 of the Police Reform Act 2002 (community support officers
etc.); and, in relation to such a person, the first reference in subsection
5
(2) to a chief officer of police has effect as a reference to a police
authority.”
(5)
In section 171(5) of that Act (expressions defined for the purposes of Part 8),
(a)
after the definition of “appropriate person” insert—
“‘closure notice’ has the meaning given in section 169A;”
10
(b)
after the definition of “extension” insert—
“‘local weights and measures authority’ has the meaning
given by section 69 of the Weights and Measures Act
1985;”
(c)
after the definition of “senior police officer” insert—
15
“‘trading standards officer’, in relation to any premises to
which a premises licence relates, means a person
authorised by a local weights and measures authority to
act in the area where those premises are situated in
relation to proposed prohibitions contained in closure
20
notices;”.
(6)
In Part 1 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers of
community support officers), after paragraph 5 insert—
“Power to serve closure notice for licensed premises persistently selling to children
5A
Where a designation applies this paragraph to any person, that
25
person shall have—
(a)
within the relevant police area, and
(b)
if it appears to him as mentioned in subsection (7) of section
169A of the Licensing Act 2003 (closure notices served on
licensed premises persistently serving children),
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the capacity of a constable under that subsection to be the person by
whose delivery of a closure notice that notice is served.”
Directions to individuals to leave a locality
22
Directions to individuals who represent a risk of disorder
(1)
If the test in subsection (2) is satisfied in the case of an individual aged 16 or
35
over who is in a public place, a constable in uniform may give a direction to
that individual—
(a)
requiring him to leave the locality of that place; and
(b)
prohibiting the individual from returning to that locality for such
period (not exceeding 48 hours) from the giving of the direction as the
40
constable may specify.
(2)
That test is—
(a)
that the presence of the individual in that locality is likely, in all the
circumstances, to cause or to contribute to the occurrence of alcohol-

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions
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related crime or disorder in that locality, or to cause or to contribute to
a repetition or continuance there of such crime or disorder; and
(b)
that the giving of a direction under this section to that individual is
necessary for the purpose of removing or reducing the likelihood of
there being such crime or disorder in that locality during the period for
5
which the direction has effect or of there being a repetition or
continuance in that locality during that period of such crime or
disorder.
(3)
A direction under this section—
(a)
must be given in writing;
10
(b)
may require the individual to whom it is given to leave the locality in
question either immediately or by such time as the constable giving the
direction may specify;
(c)
must clearly identify the locality to which it relates;
(d)
must specify the period for which the individual is prohibited from
15
returning to that locality;
(e)
may impose requirements as to the manner in which that individual
leaves the locality, including his route; and
(f)
may be withdrawn or varied (but not extended so as to apply for a
period of more than 48 hours) by a constable.
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(4)
A constable may not give a direction under this section that prevents the
individual to whom it is given—
(a)
from having access to a place where he resides;
(b)
from attending at any place which he is required to attend for the
purposes of any employment of his or of any contract of services to
25
which he is a party;
(c)
from attending at any place which he is expected to attend during the
period to which the direction applies for the purposes of education or
training or for the purpose of receiving medical treatment; or
(d)
from attending at any place which he is required to attend by any
30
obligation imposed on him by or under an enactment or by the order of
a court or tribunal.
(5)
A constable who gives a direction under this section must make a record of—
(a)
the terms of the direction and the locality to which it relates;
(b)
the individual to whom it is given;
35
(c)
the time at which it is given;
(d)
the period during which that individual is required not to return to the
locality.
(6)
A person who fails to comply with a direction under this section is guilty of an
offence and shall be liable, on summary conviction, to a fine not exceeding level
40
4 on the standard scale.
(7)
In section 64A of the Police and Criminal Evidence Act 1984 (c. 60) (power to
photograph suspects), in subsection (1B), after paragraph (c) insert—
“(ca)
given a direction by a constable under section 22 of the Violent
Crime Reduction Act 2005;”.
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(8)
In this section “public place” means—
(a)
a highway; or