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Abandoned and nuisance vehicles
| 27 | Removal of abandoned and nuisance vehicles |
| (1) | Section 3(2) (requirement to give notice to occupier) of the 1978 Act does not apply where the vehicle is abandoned on any relevant land in Greater London. |
| (2) | This section is without prejudice to section 3(2A) of the 1978 Act (no requirement to give notice to occupier in the case of vehicle abandoned on a road). |
| (3) | In this section, "relevant land" means land to which the public has access, and does not include any— |
| (a) | land within the curtilage of a dwelling; |
| (b) | driveway giving access to a dwelling; |
| (c) | fuel or field garden allotment within the meaning of section 19 of the Acquisition of Land Act 1981 (c. 67). |
| 28 | Disposal of removed vehicles |
| (1) | Section 4 (disposal of abandoned vehicles) of the 1978 Act shall have effect in the area of a borough council in accordance with this section. |
| (2) | For subsection (5), there is substituted— |
| "(5) | The local authority shall permit a person to remove a vehicle from their custody before it is disposed of by the local authority in pursuance of this section, if that person— |
| (a) | satisfies the authority that— |
| (ii) | either of subsections (5A) or (5B) below applies; and |
| (iii) | he is insured to drive the vehicle; and |
| (b) | gives a bond in the prescribed sum to the authority in the case— |
| (i) | where no current licence is displayed on the vehicle; or |
| (ii) | where no test certificate is shown to the authority, in the case where section 47 of the Road Traffic Act 1988 (c. 52) (obligatory test certificates) applies to the vehicle; and |
| (c) | pays to the authority such sums in respect of its removal and storage as may be prescribed. |
| (5A) | This subsection applies if the person in question has not been offered the opportunity to pay a fixed penalty under section 2A above. |
| (5B) | This subsection applies if the person in question has been offered the opportunity to pay a fixed penalty under section 2A above and— |
| (b) | he has not paid it and the period mentioned in section 2A(2)(a) above has not expired; or |
| (c) | he has not paid it and the period within which proceedings may be instituted for the offence in question has expired and no such proceedings have been issued; |
| (d) | he has not paid it and proceedings for the offence have been instituted but not determined. |
| (5C) | A bond under subsection (5)(b) above shall be repaid by the authority to the person who gave it once the authority is satisfied that a current licence has been obtained and can be displayed on the vehicle, or a test certificate has been issued in respect of the vehicle, as the case may be. |
| (5D) | In subsection (5)(b) "prescribed sum" means such sum as may be prescribed by a joint committee established under section 101(5) of the Local Government Act 1972 (c. 70) and consisting of at least one representative from each London borough council.". |
Enforcement action zones
| 29 | Enforcement action zones |
| (1) | Subject to section 30 (designation procedure for enforcement action zones) of this Act, a borough council (or two or more borough councils acting jointly) may designate an area of land in which, in their opinion, it is expedient that enhanced environmental crime enforcement action should be enabled. |
| (2) | An area designated under this section shall be known as an enforcement action zone and in this section and the said section 30 the council or councils designating the zone shall be known as the "designating authority". |
| (3) | The area designated under this section may comprise two or more parcels of land which— |
| (a) | need not be contiguous; and |
| (b) | need not be in the area of the same borough council. |
| (4) | In deciding whether to designate any area of land, the designating authority shall have regard to such matters as they think fit. |
| (5) | Without prejudice to the generality of subsection (4) above, among the matters to which the designating authority may have regard in deciding whether to include a particular area of land in an order under this section, are— |
| (a) | the level of environmental crime in the area; |
| (b) | the nature of use of land in the area; |
| (c) | the location of schools, playgrounds, recreation grounds, parks and other open spaces in the area; |
| (d) | the living conditions of those who live in the area and the social conditions and general environment of the area. |
| (6) | A designating authority may by resolution bring to an end a designation under this section. |
| (7) | In this section, "environmental crime" means criminal activity which is related to the degradation of the amenity of an area. |
| 30 | Designation procedure for enforcement action zones |
| (1) | Before designating any area under section 29 (enforcement action zones) of this Act, the designating authority shall publish, or cause to be published, in at least one local newspaper circulating in the locality, a notice that such a proposal has been made, naming a place or places in the locality where a map or maps defining the area concerned may be inspected at all reasonable hours. |
| (2) | Any notice under subsection (1) above shall state that any objection to the proposal may be made to the proper officer of any one of the borough councils of whom the designating authority is comprised, in writing within such period (not being less than 21 days from the date when the notice was given), as is specified in the notice. |
| (3) | The designating authority shall not designate an area under this section until after the expiry of the specified period. |
| (4) | In determining whether to designate an area under this section, the authority— |
| (a) | shall take into account any objections made in accordance with subsection (2) above; |
| (b) | may modify the proposal if— |
| (i) | they have notified, in writing, any person who has made an objection or representation to them of their intention and their reasons for it and has given them a reasonable opportunity to respond; and |
| (ii) | the intended modification does not extend the area of land specified in the proposal. |
| (5) | Where the authority designates an area under this section, they shall notify any person who has made an objection in accordance with subsection (2) above. |
| (6) | The designation shall not come into effect until the approval of the Secretary of State has been obtained. |
| (7) | Any approval given by the Secretary of State under subsection (6) above— |
| (a) | shall not be given until the designating authority has notified the Secretary of State that they have designated the area in accordance with this section; |
| (b) | shall be given in writing to the designating authority; and |
| (c) | may require the designating authority to make such modifications to the designation as he thinks appropriate. |
| (8) | The designating authority shall comply with any requirements made under subsection (7)(c) above. |
| (9) | Notice of the coming into effect of the designation of a particular area shall be published by the authority in at least one local newspaper circulating in the locality and on the same or a subsequent date in the London Gazette, and such notice shall— |
| (a) | contain a full statement of the effect of the designation; |
| (b) | describe any modifications made in accordance with any requirements made under subsection (7)(c) above; |
| (c) | name a place or places in the locality where a copy of the designation and of a map defining the area concerned may be seen at all reasonable hours; and |
| (d) | specify a date when the designation shall come into effect, being at least 14 and not more than 28 days after the publication of the notice in the London Gazette. |
| (10) | A designation shall come into effect on the date specified in the notice given under subsection (9) above. |
| 31 | Enforcement action zones: modification of enactments |
| (1) | If an enforcement action zone is established in an area, the enactments set out in the first column in Part 1 of the table in Schedule 2 to this Act shall as respects offences committed in the zone apply and have effect as if amended in accordance with the second column of that Part of that table. |
| (2) | The enactments set out in the first column in Part 2 of the table in the said Schedule 2 shall apply and have effect in a borough as if amended in accordance with the second column of that Part of that table. |
Town and country planning
| 32 | Application of section 215 of the Town and Country Planning Act 1990 to vegetation |
| (1) | In section 215 of the Planning Act (power to require proper maintenance of land) as it applies in Greater London, "the condition of land" includes the condition of vegetation which is growing on or overhanging the land in question. |
| (2) | In section 217 of the Planning Act (appeal to magistrates' court against section 215 notice), subsection (1)(b) shall not apply in Greater London in respect of a notice so far as it relates to the condition of vegetation which is growing on or overhanging land. |
PART 3
Licensing
CHAPTER 1
Hostess Bars and Near Beer Premises
| (1) | This section shall come into operation— |
| (a) | at the end of the period of two months beginning with the date on which this Act is passed, as regards the City of Westminster; |
| (b) | as from the appointed day as regards any other borough, where the borough council have resolved in accordance with subsection (1) of section 12 (amendment of law relating to sex establishments) of the Greater London Council (General Powers) Act 1986 (c. iv) that the amendments to Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) set out in subsection (4) of that section shall apply in their area. |
| (2) | The said Schedule 3 shall apply in the area of the borough as follows. |
| (3) | In paragraph 2, after the words "sex encounter establishment" the words ", a hostess bar" are inserted. |
| (4) | Paragraph 3A (inserted, as far as that Schedule applies in Greater London, by section 12 of the Greater London Council (General Powers) Act 1986) is renumbered as sub-paragraph 3A(1) and the following sub-paragraph is inserted after it— |
| "(2) | In sub-paragraph (1) above, "premises" includes any vehicle, vessel or stall.". |
| (5) | After paragraph 3A, the following paragraph is inserted— |
"Meaning of "hostess bar"
3B.—(1) Subject to sub-paragraph (2) below, in this Schedule "hostess bar" means—
| (a) | any premises used for a business which consists, whether in whole or in part, of the offering, expressly or by implication, whether on payment of a fee or not, of the provision of companions for customers on the premises; or |
| (b) | any premises in respect of which any impression, by whatever means, is given to customers, or potential customers, that a performance, entertainment, service, exhibition or other experience of a sexual nature is available on the said premises; or |
| (c) | any premises in respect of which any impression, by whatever means, is given to customers, or potential customers, that alcoholic refreshments are available on the said premises despite the premises not being the subject of a premises licence or a club certificate under the 2003 Act. |
| (2) | The following premises are not hostess bars for the purposes of this paragraph, namely— |
| (a) | premises in which the sale to customers for consumption of alcohol is not a licensable activity under or by virtue of the 2003 Act; |
| (b) | premises in respect of which there is in force— |
| (i) | a licence granted by the council under section 21 (licensing of public exhibitions, etc.) of the Greater London Council (General Powers) Act 1966 (c. xxviii); |
| (ii) | a premises licence granted under Part 3 of the 2003 Act; |
| (iii) | a club premises certificate granted under Part 4 of the 2003 Act; |
| (iv) | a temporary event notice given under the 2003 Act, by virtue of which the premises may be used for the supply of alcohol (within the meaning of section 14 of that Act); |
| (v) | a licence under Part II of the Gaming Act 1968 (c. 65), |
| (3) | Sub-paragraph (2)(b) applies— |
| (a) | only during the hours permitted by the licence or notice there mentioned, and |
| (b) | only if provided that the premises are in use wholly or mainly and bona fide for the purpose authorised by the licence, notice or certificate. |
| (4) | In sub-paragraph (1) above, "premises" includes any vehicle, vessel or stall. |
| (5) | In this paragraph, "the 2003 Act" means the Licensing Act 2003 (c. 17).". |
| (6) | In paragraphs 13(2)(a) and (b) after the words "sex establishments" there shall be inserted the words ", hostess bars". |
| (7) | For paragraph 13(3)(d) there shall be substituted the following sub-paragraph— |
"(d) any change—
| (i) | of a sex cinema to a sex shop, a sex encounter establishment, or hostess bar; |
| (ii) | of a sex shop to a sex encounter establishment, a sex cinema or a hostess bar; |
| (iii) | of a sex encounter establishment to a sex cinema, a sex shop or a hostess bar; or |
| (iv) | of a hostess bar to a sex cinema, a sex shop or a sex encounter establishment.". |
| 34 | Application to existing premises |
| (1) | This section applies to premises falling within paragraph 3B of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30), inserted by section 33 (hostess bars) of this Act, which exist on the date on which that section comes into force in the borough in which they are situated. |
| (2) | Until the period of four weeks commencing with that date has expired, paragraph 6(1) of that Schedule shall not apply to those premises by reason that they fall within the said paragraph 3B. |
| (3) | If an application for a licence under that Schedule is made in respect of those premises during that period, they may lawfully continue to be used for the purposes mentioned in the said paragraph 3B until the determination or withdrawal of that application, and if an appeal is lodged until the determination or abandonment of the appeal. |
On the day that section 33 (hostess bars) of this Act comes into force in a borough, Part IV (near beer premises) of the London Local Authorities Act 1995 (c. x) shall cease to have effect as respects that borough.
CHAPTER 2
Street Trading
Introductory
| 36 | Interpretation of Chapter 2 |
In this Chapter—
"the Act of 1990" means the London Local Authorities Act 1990 (c. vii);
"the Act of 1999" means the City of Westminster Act 1999 (c. i).
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