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Public Bill Committee: 10 February 2009                  

156

 

Policing and Crime Bill, continued

 
 

(a)    

section 1 of the Protection of Children Act 1978 (c.37) (indecent

 

photographs of children);

 

(b)    

section 160 of the Criminal Justice Act 1988 (c.33) (possession

 

of indecent photographs of a child);

 

(c)    

section 170 of the Customs and Excise Management Act 1979

 

(c.2) (penalty for fraudulent evasion of duty etc) in relation to

 

goods prohibited to be imported under section 42 of the Customs

 

Consolidation Act 1876 (c.36) (indecent or obscene articles), if

 

the prohibited goods included indecent photographs of persons

 

under 16;

 

(d)    

sections 48 to 50 of the Sexual Offences Act 2003 (c.42) (abuse

 

of children through prostitution or pornography) where the

 

victim was under 18 and involved pornography;

 

“indecent photograph of a child” has the same definition as in sections 1 and

 

7 of the Protection of Children Act 1978 (c.37), and for the avoidance of

 

a doubt includes a reference to a pseudo-photograph of a child or a

 

tracing of an indecent photograph with the meaning of section 7(4A) of

 

that Act.”.

 

(4)    

In Schedule 3 of the Sexual Offences Act 2003 (c.42), after paragraph 35 insert—

 

“36      

An offence under section 53 of the Regulation of Investigatory Powers

 

Act 2000 (c.23) where subsection 5C applies.”’.

 


 

New Schedule

 

Paul Holmes

 

Dr Evan Harris

 

NS1

 

To move the following Schedule:—

 

‘schedule 4A

 

permitted temporary activities

 

1          

Part 5 of the Licensing Act 2003 (permitted temporary activities) has effect

 

subject to the following amendments.

 

2          

In the cross-heading before section 104 (objection to notice by police) omit

 

“Police”.

 

3          

In section 104(2) omit “(an ‘objection notice’)”.

 

4          

After section 104 (Police objections) insert—

 

“104A

Objection to notice by local authority officers

 

(1)    

Where an officer of a local authority which, in its capacity as a

 

licensing authority, receives a temporary event notice under this Part

 

is satisfied that allowing the premises to be used in accordance with

 

the notice would undermine any of the four licensing objectives, he

 

may give a notice stating the reasons why he is so satisfied—

 

(a)    

to the relevant licensing authority, and

 

(b)    

to the premises user.


 
 

Public Bill Committee: 10 February 2009                  

157

 

Policing and Crime Bill, continued

 
 

(2)    

The objection notice must be given no later than two clear working

 

days after the licensing authority receives the temporary event notice

 

under this Part.

 

(3)    

Subsection (2) does not apply at any time after the relevant licensing

 

authority has received a copy of a counter notice under section 107 in

 

respect of the temporary event notice.

 

104B  

Objection to notice by members of licensing authority

 

(1)    

Where an elected member of a licensing authority which receives a

 

temporary event notice under this Part is satisfied that allowing the

 

premises to be used in accordance with the notice would undermine

 

any of the licensing objectives, he may give a notice stating the

 

reasons why he is so satisfied—

 

(a)    

to the relevant licensing authority, and

 

(b)    

to the premises user.

 

(2)    

The objection notice must be given no later than two clear working

 

days after the licensing authority receives the temporary event notice

 

under this Part.

 

(3)    

Subsection (2) does not apply at any time after the relevant licensing

 

authority has received a copy of a counter notice under section 107 in

 

respect of the temporary event notice.”.

 

5          

In the heading of section 105 (Counter notice following police objection) omit

 

“police”.

 

6          

In section 105—

 

(a)    

in subsection (2)(a) for “the chief officer of police who gave the

 

objection notice” substitute “all persons who gave an objection

 

notice”;

 

(b)    

in subsection (2)(b) for “the crime prevention objective” substitute

 

“the licensing objective in question”;

 

(c)    

for subsection (7) substitute—

 

“(7)    

In this section—

 

‘objection notice’ means a notice served by—

 

(a)    

a chief officer of police under section 104(2),

 

(b)    

an officer of a local authority under section 104A(1),

 

(c)    

an elected member of a licensing authority under

 

section 104B(1),

 

    

“relevant chief officer of police” has the same meaning as in

 

section 104.”.

 

7          

In the heading of section 106 (Modification of notice following police

 

objection) omit “police”.

 

8          

In section 106—

 

(a)    

in subsection (1) after “chief officer of police” insert “or an officer of

 

a local authority or an elected member of a licensing authority”,

 

(b)    

in subsection (2) after “chief officer of police” insert “or the officer or

 

member”,

 

(c)    

in subsection (3)(a) after “objection notice” insert “in question”,

 

(d)    

in subsection (3)(b) leave out “that time” and insert “the time when all

 

objection notices in respect of the temporary notice are treated as

 

withdrawn”,


 
 

Public Bill Committee: 10 February 2009                  

158

 

Policing and Crime Bill, continued

 
 

(e)    

in subsection (4) after “chief officer of police” insert “or the officer or

 

member”,

 

(f)    

in subsection (7) for “section 104(2)” substitute “section 105(7)”.’.

 

 

Order of the House [19 January 2009]

 

That the following provisions shall apply to the Policing and Crime Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 26 February 2009.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [27 January 2009]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

27 January meet—

 

(a)  

at 4.00 pm on Tuesday 27 January;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 29 January;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 3 February;

 

(d)  

at 9.00 am and 1.00 pm on Thursday 5 February;

 

(e)  

at 10.30 am and 4.00 pm on Tuesday 10 February;

 

(f)  

at 9.00 am and 1.00 pm on Thursday 12 February;

 

(g)  

at 10.30 am and 4.00 pm on Tuesday 24 February;

 

(h)  

at 9.00 am on Thursday 26 February;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table—


 
 

Public Bill Committee: 10 February 2009                  

159

 

Policing and Crime Bill, continued

 
 

Date

Time

Witness

 
 

Tuesday 27 January

Until no later than

Association of Chief

 
  

12 noon

Police Officers of

 
   

England and Wales and

 
   

Northern Ireland;

 
   

Association of Police

 
   

Authorities; the Airport

 
   

Operators Association

 
 

Tuesday 27 January

Until no later than

The Poppy Project;

 
  

1.00 pm

English Collective of

 
   

Prostitutes; UK Network

 
   

of Sex Work Projects; the

 
   

Children’s Society;

 
   

Object

 
 

Tuesday 27 January

Until no later than

Alcohol Concern;

 
  

5.30 pm

Association of Chief

 
   

Police Officers of

 
   

England and Wales and

 
   

Northern Ireland; British

 
   

Beer and Pub

 
   

Association; Association

 
   

of Convenience Stores;

 
   

Local Government

 
   

Association

 
 

Tuesday 27 January

Until no later than

Association of Chief

 
  

7.00 pm

Police Officers of

 
   

England and Wales and

 
   

Northern Ireland; Serious

 
   

Organised Crime

 
   

Agency; Metropolitan

 
   

Police Force

 
 

Thursday 29 January

Until no later than

Liberty; the Bar Council

 
  

10.25 am

  
 

Thursday 29 January

Until no later than

Home Office;

 
  

3.00 pm

Department for Transport

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 16; Schedule 1; Clauses 17 to 20; Schedule 2;

 

Clauses 21 to 25; Schedule 3; Clauses 26 to 31; Schedule 4; Clauses 32 to 61;

 

Schedule 5; Clauses 62 to 86; Schedules 6 and 7; Clauses 87 to 91; new

 

Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 10.25 am on Thursday 26 February.

 


 
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