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| | Page 2, line 20 [Clause 1], at end insert— |
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| | | ‘(5) | Before making a drinking banning order, a court may receive a report from an |
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| | | appropriate officer about the proposed subject of the order, which contains |
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| | | information about the subject and, in particular, about whether there is any reason |
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| | | to suspect that he may be— |
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| | | (a) | suffering from substance addiction (including alcohol dependence); |
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| | | (b) | a person falling within section 1 of the Mental Health Act 1983; or |
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| | | (c) | suffering from any other recognised physical or mental illness or |
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| | | condition which could either— |
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| | | (i) | affect his ability to restrict his intake of alcohol, |
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| | | (ii) | cause him to engage in criminal conduct while under the |
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| | | (iii) | affect his ability to comply with a drinking banning order. |
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| | | (6) | In subsection (5) above “an appropriate officer” means— |
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| | | (a) | where the proposed subject is aged 18 or over, an officer of the National |
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| | | Offender Management Service, a doctor or a social worker of a local |
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| | | authority social services department; |
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| | | (b) | where the proposed subject is aged under 18, a social worker of a local |
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| | | authority social services department or a member of a youth offending |
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| | | (7) | If the court determines that the proposed subject of a drinking banning order may |
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| | | be a person falling within subsection (5)(a) to (c) above, the court shall not make |
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| | | a drinking banning order unless satisfied, on receipt of medical evidence, that— |
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| | | (a) | his ability to understand and comply with the order will not be |
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| | | significantly restricted by reason of his being a person falling within |
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| | | subsection (5)(a) to (c) above; and |
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| | | (b) | compliance with the order, either alone or in combination to any other |
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| | | order or sentence to which he is subject, would not have a deleterious |
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| | | effect on his mental or physical health.’. |
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| | Page 3, line 3 [Clause 2], at end insert— |
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| | | ‘(6) | For the purposes of this Act, “disorderly” shall mean conduct which would offend |
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| | | a reasonable person but which falls short of a criminal act.’. |
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| | Page 4, line 26 [Clause 5], leave out ‘under the influence of alcohol’ and insert |
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| | Page 4, line 28 [Clause 5], after ‘consider’, insert ‘on any application by the |
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| | Page 5, line 19 [Clause 6], leave out subsection (9). |
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| | Page 8, line 28 [Clause 10], leave out subsection (8). |
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| | Page 9, line 14 [Clause 11], leave out paragraph (c) and insert— |
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| | | ‘(c) | every local authority in whose area the place where that individual |
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| | | normally resides is situated; and’. |
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| | Page 9, line 16 [Clause 11], at end insert ‘“disorderly” means conduct which |
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| | would offend a reasonable person but which falls short of a criminal act.’. |
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| | Page 9, line 21 [Clause 11], leave out paragraphs (b) and (c) and insert— |
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| | | ‘( ) | a district council in England;’. |
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| | Page 10, line 22 [Clause 12], after ‘month’, insert ‘at an annual rate of no greater |
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| | than three per cent. of a premise’s rateable value,’. |
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| | Page 10, line 25 [Clause 12], after ‘retail’, insert ‘, provided that the premises have |
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| | been proven to contribute to alcohol-related disturbances’. |
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| | Page 10, line 28 [Clause 12], at end insert ‘, provided that the premises have been |
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| | proven to contribute to alcohol-related disturbances’. |
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| | Page 10, line 28 [Clause 12], at end insert ‘, provided that in every case the local |
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| | authority and the Secretary of State think it reasonable so to do.’. |
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| | Page 10, line 28 [Clause 12], at end insert ‘, provided that no charges shall be |
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| | payable by any persons or clubs unless the local authority is satisfied on the basis of |
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| | evidence that it is reasonable to impose charges on those particular persons or clubs.’. |
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| | Page 10, line 31 [Clause 12], leave out from ‘the’ to end of line 32 and insert |
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| | ‘purpose of reducing alcohol-related disorder in the locality.’. |
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| | Page 10, line 33 [Clause 12], leave out from ‘as’ to end of line 37 and insert— |
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| | | ‘(a) | the Secretary of State considers appropriate for securing that the funds |
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| | | that he considers appropriate are available (after the costs of the scheme |
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| | | have been met from the charges) to be used for any purposes specified or |
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| | | determined under subsection (2); and |
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| | | (b) | are commensurate with the level of responsibility for alcohol-related |
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| | | disorder in the locality of the persons or clubs so charged.’. |
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| | Page 11, line 9 [Clause 12], leave out ‘and’. |
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| | Page 11, line 13 [Clause 12], at end insert ‘; and |
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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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| | Page 11, line 13 [Clause 12], at end insert ‘and |
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| | | (c) | the holder of the premises licence has implemented and taken the steps |
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| | | necessary to make the designation of the premises unnecessary, in |
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| | | accordance with the action plan set up by the local authority or the local |
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| | | chief officer of police.’. |
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| | Page 11, line 22 [Clause 12], leave out ‘may’ and insert ‘must’. |
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| | Page 11, line 23 [Clause 12], at beginning insert ‘the imposition,’. |
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| | Page 11, line 29 [Clause 12], after ‘appeals’, insert ‘to the court’. |
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| | Page 11, line 42 [Clause 13], after ‘been’, insert ‘persistent and repeated’. |
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| | Page 12, line 45 [Clause 13], leave out paragraph (b). |
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| | Page 13, line 23 [Clause 14], at end insert— |
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| | | ‘(5A) | Twelve months after the compulsory charging stage of an Alcohol Disorder Zone |
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| | | is implemented, the locality will cease to be designated as an Alcohol Disorder |
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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 in section 13 for the designation of the locality as an alcohol disorder zone.’. |
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| | Page 15, line 30 [Clause 18], leave out ‘associated’ and insert ‘connected’. |
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| | Page 20, line 4 [Clause 20], leave out ‘convinced’ and insert ‘satisfied’. |
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| | Page 20, line 36 [Clause 20], at end insert ‘or to a term of 51 weeks imprisonment |
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| | Page 26, line 6, leave out Clause 23. |
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| | Page 26, line 34 [Clause 24], after ‘part’, insert ‘of’. |
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| | Page 26, line 36 [Clause 24], leave out ‘section 141A’ and insert ‘sections 139 and |
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| | Page 27, line 5 [Clause 25], leave out ‘section 141A’ and insert ‘sections 139 and |
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| | Page 27, line 17 [Clause 25], leave out subsections (4) to (8). |
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| | Page 29, line 24 [Clause 27], leave out subsections (1) to (3) and insert— |
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| | | ‘(1) | Any person who by way of trade or business intends to sell or transfer air weapons |
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| | | must do so with the authority, in writing, of the police. |
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| | | (2) | An application for the authority set out in subsection (1) must be made in |
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| | Page 29, line 30 [Clause 27], leave out subsection (2). |
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| | Page 29, line 40 [Clause 28], after ‘weapon’, insert ‘with a muzzle energy in |
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| | | Negatived on division 110 |
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| | Page 30, line 24, leave out Clause 29. |
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