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 1 — Drinking banning orders
8

treated for the purposes of sections 4 and 7 as an order of the magistrates’ court
from which the appeal was brought.
10
Breach of drinking banning orders
(1)
If the subject of a drinking banning order or of an interim order does, without
reasonable excuse, anything that he is prohibited from doing by the order, he
5
is guilty of an offence.
(2)
A person guilty of an offence under subsection (1) shall be liable, on summary
conviction, to a fine not exceeding level 4 on the standard scale.
(3)
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
10
(1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts
(Sentencing) Act 2000 (c. 6).
(4)
A local authority may bring proceedings for an offence under subsection (1).
(5)
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
15
(1) in such cases and such circumstances as may be prescribed by the order.
(6)
In proceedings for an offence under subsection (1), a copy of the original
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
20
(b)
of its contents,

to the same extent that oral evidence of those things is admissible in those
proceedings.
(7)
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
25
the persons entitled to be present for the purposes of those proceedings
included one person authorised to be present by a relevant authority.
(8)
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
30
reports of proceedings in which children and young persons are
concerned) does not apply in respect of the young person against
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
35
under 18) does so apply.
(9)
If, in relation to any such proceedings, the court does exercise its power to give
a direction under section 45 of the Youth Justice and Criminal Evidence Act
1999, it must give its reasons for doing so.
(10)
Subject to paragraph 2(2) of Schedule 2 to the Youth Justice and Criminal
40
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
Young Persons Act 1933 (power to prohibit publication of certain matters).

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders
9

(11)
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.
11
Interpretation of Chapter 1
(1)
In this Chapter —
5
“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—
(a)
the chief officer of police of the police force for the police area
where the conduct to which the application relates occurred;
10
(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;
(c)
the local authority in whose area that individual normally
resides; and
15
(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;
“local authority” means—
(a)
a county council in England;
20
(b)
a metropolitan district council;
(c)
a non-metropolitan district council for an area for which there is
no county council;
(d)
a London borough council;
(e)
the Common Council of the City of London;
25
(f)
the Council of the Isles of Scilly;
(g)
a county council or a county borough council in Wales;
“relevant authority” means—
(a)
the chief officer of police of a police force for a police area;
(b)
the Chief Constable of the British Transport Police Force;
30
(c)
a local authority;
“relevant persons” means—
(a)
in relation to the chief officer of a police force, persons who are
within or likely to be within the police area for which that force
is maintained;
35
(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
Safety Act 2003 (c. 20);
(c)
in relation to a local authority, persons who are within or likely
40
to be within the area of the authority;
“subject”, in relation to an order, means the individual against whom it is
made;
“young person” has the same meaning as in the Children and Young
Persons Act 1933 (c. 12) (see section 107(1) of that Act).
45
(2)
References in this Chapter to protecting persons from criminal or disorderly
conduct include references to protecting their property from unlawful loss or

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones
10

damage; and, in relation to such protection, references to persons within an
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.
5
(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;
10
(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
15
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
20
(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
25
(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 a local
authority that imposes charges by reference to an alcohol disorder zone to use
30
sums received by them in respect of those charges for the purposes specified in
or determined under the regulations.
(3)
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
35
charges) to be used for any purposes specified or determined under subsection
(2).
(4)
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—
40
(a)
by setting out the different rates in the regulations; or
(b)
by specifying the methods of computing the different rates in the
regulations.
(5)
Regulations under this section fixing such rates—

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones
11

(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 (6).
(6)
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).
(7)
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,
20
as may be provided for in the regulations.
(8)
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
25
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.
(9)
Such regulations may include provision—
30
(a)
for interest to be charged at such rate and in such manner as may be
specified in or determined under the regulations on charges that are
overdue; and
(b)
for the suspension of premises licences and club premises certificates
for non payment of a charge.
35
(10)
In subsection (3) 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
(1)
A local authority may by order designate a locality in their area as an alcohol
40
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
consumption of alcohol in that locality or with the consumption of
45
alcohol supplied at premises in that locality;

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones
12

(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.
(2)
Before designating a locality as an alcohol disorder zone, a local authority must
publish a notice—
5
(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
10
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
15
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—
20
(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.
25
(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
30
(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
35
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—
40
(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
45
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.