House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

89

House of Commons

Notices of Amendments

given on

Thursday 5 February 2009

For other Amendment(s) see the following page(s):

Policing and Crime Bill Committee 70-88

Public Bill Committee

Policing and Crime Bill

Mr Vernon Coaker

126

Clause  29,  page  22,  line  37,  leave out ‘licensed’ and insert ‘excluded’.

Mr Vernon Coaker

127

Clause  29,  page  23,  line  8,  leave out from ‘subsection (2)’ to end of line 14 and

insert ‘“excluded premises”—

(a)
in relation to England and Wales, means—

(i)
premises which may by virtue of Part 3 or 5 of the Licensing Act

2003 (premises licence or permitted temporary activity) be used

for the supply of alcohol,

(ii)
premises which may by virtue of Part 4 of that Act (club

premises certificate) be used for the supply of alcohol to

members or guests,

(b)
in relation to Northern Ireland, means—

(i)
licensed premises within the meaning of the 1996 Licensing

Order,

(ii)
premises of a club registered under the Registration of Clubs

(Northern Ireland) Order 1996,

(iii)
premises for which an occasional licence (within the meaning of

the 1996 Licensing Order) has been granted.’

Mr Vernon Coaker

128

Clause  29,  page  23,  line  19,  after ‘1996’ insert ‘Licensing’.

Notices of Amendments: 5 February 2009
90

Policing and Crime Bill, continued

Mr Vernon Coaker

129

Clause  29,  page  23,  line  20,  after ‘1996’ insert ‘Licensing’.

Mr Vernon Coaker

130

Schedule  4,  page  124,  line  15,  leave out ‘in particular localities’ and insert ‘for

existing licences’.

Mr Vernon Coaker

131

Schedule  4,  page  124,  line  17,  leave out from ‘on’ to ‘or disorder’ in line 29 and

insert ‘two or more existing relevant premises licences in its area if, in the case of each of

the premises concerned, it considers that—

(a)
there has been nuisance to members of the public, or a section of the

public, or disorder, on or near the premises,

(b)
the nuisance or disorder is associated with the consumption of alcohol on

the premises or with the consumption of alcohol supplied on the

premises,

(c)
there is likely to be a repetition of nuisance or disorder that is so

associated, and

(d)
it is appropriate to impose the conditions for the purposes of mitigating

or preventing the nuisance’.

Mr Vernon Coaker

132

Schedule  4,  page  124,  line  33,  leave out ‘in the locality concerned’ and insert ‘to

which the resolution applies’.

Mr Vernon Coaker

133

Schedule  4,  page  124,  line  40,  leave out ‘in a locality’.

Mr Vernon Coaker

134

Schedule  4,  page  124,  leave out lines 43 to 45.

Mr Vernon Coaker

135

Schedule  4,  page  125,  line  9,  leave out the words from first ‘the’ to ‘resolution’ in

line 11 and insert ‘holders of the relevant premises licences to which the resolution is to

apply and the responsible authorities for the premises concerned are consulted before the’.

Mr Vernon Coaker

136

Schedule  4,  page  126,  line  31,  leave out ‘in particular localities’ and insert ‘for

existing certificates’.

Mr Vernon Coaker

137

Schedule  4,  page  126,  line  33,  leave out from ‘on’ to ‘or disorder’ in line 45 and

insert ‘two or more existing relevant club premises certificates in its area if, in the case of

each of the premises concerned, it considers that—

Notices of Amendments: 5 February 2009
91

Policing and Crime Bill, continued

(a)
there has been nuisance to members of the public, or a section of the

public, or disorder, on or near the premises,

(b)
the nuisance or disorder is associated with the consumption of alcohol on

the premises or with the consumption of alcohol supplied on the

premises,

(c)
there is likely to be a repetition of nuisance or disorder that is so

associated, and

(d)
it is appropriate to impose the conditions for the purposes of mitigating

or preventing the nuisance’.

Mr Vernon Coaker

138

Schedule  4,  page  127,  line  3,  leave out ‘in the locality concerned’ and insert ‘to

which the resolution applies’.

Mr Vernon Coaker

139

Schedule  4,  page  127,  line  10,  leave out ‘in a locality’.

Mr Vernon Coaker

140

Schedule  4,  page  127,  leave out lines 13 to 15.

Mr Vernon Coaker

141

Schedule  4,  page  127,  line  25,  leave out the words from first ‘the’ to ‘resolution’ in

line 27 and insert ‘holders of the relevant club premises certificates to which the

resolution is to apply and the responsible authorities for the premises concerned are

consulted before the’.

Mr Vernon Coaker

142

Schedule  6,  page  141,  line  9,  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Mr Vernon Coaker

143

Schedule  6,  page  141,  line  15,  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Mr Vernon Coaker

144

Schedule  6,  page  141,  line  20,  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Mr Vernon Coaker

145

Schedule  6,  page  141,  line  22,  leave out paragraph 33 and insert—

‘33(1)
Section 57 (duty to keep and produce licence) is amended as follows.

      (2)
In the heading after “licence” insert “etc.”.

      (3)
In subsection (2) for “is” substitute “and a list of any relevant general

conditions applicable to the licence are”.

Notices of Amendments: 5 February 2009
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Policing and Crime Bill, continued

      (4)
In subsection (5)—

(a)
after “it)” insert “or a list of relevant general conditions”, and

(b)
after “copy)” insert “or the list”.

      (5)
In subsection (7) after “of a premises licence” insert “or a list of relevant

general conditions”.

      (6)
After subsection (10) insert—

“(11)
In this section “relevant general conditions”, in relation to a premises

licence, means conditions applicable to the licence by virtue of section

19(4), 19A or 21A.”’

Mr Vernon Coaker

146

Schedule  6,  page  141,  line  36,  leave out ‘in particular localities’ and insert ‘to

existing certificates’.

Mr Vernon Coaker

147

Schedule  6,  page  141,  line  43,  leave out ‘in particular localities’ and insert ‘to

existing certificates’.

Mr Vernon Coaker

148

Schedule  6,  page  142,  line  1,  leave out paragraph 38 and insert—

‘38(1)
Section 94 (duty to keep and produce certificate) is amended as follows.

      (2)
In the heading after “certificate” insert “etc.”.

      (3)
In subsection (2) for “is” substitute “and a list of any relevant general

conditions applicable to the certificate are”.

      (4)
In subsection (7) after “copy)” insert “or any list of relevant general

conditions”.

      (5)
In subsection (9) after “of a club premises certificate” insert “or a list of

relevant general conditions”.

      (6)
After subsection (12) insert—

“(13)
In this section “relevant general conditions”, in relation to a club

premises certificate, means conditions applicable to the certificate by

virtue of section 73A, 73B or 74A.”’

Mr Vernon Coaker

149

Schedule  6,  page  142,  line  9,  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Mr Vernon Coaker

150

Clause  33,  page  25,  leave out line 2 and insert—

‘(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2)
After section 41 insert—’.

Mr Vernon Coaker

151

Clause  33,  page  25,  line  31,  at end insert—

Notices of Amendments: 5 February 2009
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Policing and Crime Bill, continued

‘(3)
After section 44 insert—

“44A
Detention of property pending appeal

(1)
This section applies where—

(a)
a restraint order includes provision under section 41A

authorising the detention of property, and

(b)
the restraint order is discharged under section 42(5) or 43(3)(b).

(2)
This section also applies where—

(a)
a restraint order includes provision under section 41A

authorising the detention of property, and

(b)
the restraint order is varied under section 42(5) or 43(3)(b) so as

to omit any such provision.

(3)
The property may be detained until there is no further possibility of an

appeal against—

(a)
the decision to discharge or vary the restraint order, or

(b)
any decision made on an appeal against that decision.”’.

Mr Vernon Coaker

152

Clause  34,  page  25,  leave out line 33 and insert—

‘(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2)
After section 120 insert—’.

Mr Vernon Coaker

153

Clause  34,  page  26,  line  13,  at end insert—

‘(3)
After section 122 insert—

“122A
Detention of property pending appeal

(1)
This section applies where—

(a)
a restraint order includes provision under section 120A

authorising the detention of property, and

(b)
the restraint order is recalled under section 121(7).

(2)
This section also applies where—

(a)
a restraint order includes provision under section 120A

authorising the detention of property, and

(b)
the restraint order is varied under section 121(7) so as to omit any

such provision.

(3)
The property may be detained until there is no further possibility of an

appeal against (or review of)—

(a)
the decision to recall or vary the restraint order, or

(b)
any decision made on an appeal against (or review of) that

decision.”’.

Mr Vernon Coaker

154

Clause  35,  page  26,  leave out line 15 and insert—

‘(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2)
After section 190 insert—’.

Notices of Amendments: 5 February 2009
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Policing and Crime Bill, continued

Mr Vernon Coaker

155

Clause  35,  page  27,  line  2,  at end insert—

‘(3)
After section 193 insert—

“193A
Detention of property pending appeal

(1)
This section applies where—

(a)
a restraint order includes provision under section 190A

authorising the detention of property, and

(b)
the restraint order is discharged under section 191(5) or

192(3)(b).

(2)
This section also applies where—

(a)
a restraint order includes provision under section 190A

authorising the detention of property, and

(b)
the restraint order is varied under section 191(5) or 192(3)(b) so

as to omit any such provision.

(3)
The property may be detained until there is no further possibility of an

appeal against—

(a)
the decision to discharge or vary the restraint order, or

(b)
any decision made on an appeal against that decision.”’.

Mr Vernon Coaker

156

Clause  36,  page  27,  line  27,  leave out ‘property held by the person’ and insert

‘realisable property’.

Mr Vernon Coaker

157

Clause  36,  page  27,  line  35,  leave out ‘property held by the person’ and insert

‘realisable property’.

Mr Vernon Coaker

158

Clause  36,  page  27,  line  42,  leave out ‘property held by the defendant’ and insert

‘realisable property’.

Mr Vernon Coaker

159

Clause  36,  page  28,  line  4,  leave out ‘property held by the defendant’ and insert

‘realisable property’.

Mr Vernon Coaker

160

Clause  36,  page  28,  line  36,  at end insert—

‘(12)
In relation to the first or second condition section 77(9) has effect as if

proceedings for the offence had been started against the defendant when the

investigation was started.’.

Mr Vernon Coaker

161

Clause  36,  page  28,  line  39,  leave out ‘free property held by the defendant’ and

Notices of Amendments: 5 February 2009
95

Policing and Crime Bill, continued

insert ‘realisable property’.

Mr Vernon Coaker

162

Clause  36,  page  29,  line  10,  at end insert—

‘(4A)
In relation to realisable property which is free property held by the recipient of a

tainted gift, references in subsection (4) to the defendant are to be read as

references to the recipient of that gift.’.

Mr Vernon Coaker

163

Clause  36,  page  30,  line  34,  at end insert—

‘(4A)
An officer exercising a power under subsection (4) may detain the vehicle for so

long as is necessary for its exercise.’.

Mr Vernon Coaker

164

Clause  36,  page  32,  line  41 ,  at end insert—

‘(3)
If such an application is made within that period and the application is

refused, the property may be detained until there is no further possibility

of an appeal against—

(a)
the decision to refuse the application, or

(b)
any decision made on an appeal against that decision.’.

Mr Vernon Coaker

165

Clause  36,  page  32,  line  41 ,  at end insert—

‘(4)
In subsection (2) the reference to the period mentioned in section 47J

includes that period as extended by any order under section 47M.’.

Mr Vernon Coaker

166

Clause  36,  page  33,  line  7,  at end insert—

‘(3)
If such an application is made within that period and the application is

refused, the property may be detained until there is no further possibility

of an appeal against—

(a)
the decision to refuse the application, or

(b)
any decision made on an appeal against that decision.’.

Mr Vernon Coaker

167

Clause  36,  page  33,  line  20,  leave out ‘free property held by the defendant’ and

insert ‘realisable property’.

Mr Vernon Coaker

168

Clause  36,  page  33,  line  20,  before ‘, and’ insert ‘other than exempt property

(within the meaning of section 47C(4))’.