House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

22

House of Commons

Thursday 12 February 2009

Public Bill Committee Proceedings

Policing and Crime Bill

[Eleventh and Twelfth Sittings]

Clauses 27 and 28 Agreed to.

James Brokenshire

Mr David Ruffley

Withdrawn  35

Clause  29,  page  22,  line  33,  leave out ‘reasonable excuse’ and insert ‘the

permission of his or her parent or guardian’.

James Brokenshire

Mr David Ruffley

Not called  86

Clause  29,  page  22,  line  34,  leave out from ‘place’ to end of line 35 and insert ‘and

in doing so is in breach of a current acceptable behaviour contract which has been signed

by that person’.

Paul Holmes

Dr Evan Harris

Not called  242

Clause  29,  page  22,  line  35,  at end insert ‘and in doing so is in breach of a current

Acceptable Behaviour Contract which has been signed by that person.’.

Mr Vernon Coaker

Agreed to  126

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

Mr Vernon Coaker

Agreed to  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,

Public Bill Committee Proceedings: 12 February 2009
23

Policing and Crime Bill, continued

(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

Agreed to  128

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

Mr Vernon Coaker

Agreed to  129

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

Clause, as amended, Agreed to.

James Brokenshire

Mr David Ruffley

Not selected  36

Clause  30,  page  23,  line  24,  leave out ‘16’ and insert ‘13’.

Paul Holmes

Dr Evan Harris

Not selected  243

Page  23,  line  22,  leave out Clause 30.

Clause Agreed to.

Clause 31 Agreed to.

Paul Holmes

Dr Evan Harris

Withdrawn  244

Schedule  4,  page  123,  line  17,  leave out paragraph 2.

James Brokenshire

Mr David Ruffley

Not called  37

Schedule  4,  page  123,  line  24,  leave out ‘appropriate’ and insert ‘necessary and

proportionate’.

James Brokenshire

Mr David Ruffley

Not called  38

Schedule  4,  page  123,  line  25,  at end insert ‘provided always that no such condition

Public Bill Committee Proceedings: 12 February 2009
24

Policing and Crime Bill, continued

shall increase the minimum statutory age at which alcohol can be purchased.’.

James Brokenshire

Mr David Ruffley

Not called  39

Schedule  4,  page  123,  line  26,  leave out sub-paragraph (2).

James Brokenshire

Mr David Ruffley

Not called  40

Schedule  4,  page  124,  line  2,  at end insert—

‘(4A)
Before making an order under this section the Secretary of State shall undertake

such public consultation as he considers appropriate in the context of the

conditions proposed and have due regard to the representations received.’.

Mr Vernon Coaker

Agreed to  130

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

existing licences’.

Paul Holmes

Dr Evan Harris

Not called  245

Schedule  4,  page  124,  line  17,  leave out ‘permitted’.

James Brokenshire

Mr David Ruffley

Not called  41

Schedule  4,  page  124,  line  17,  leave out ‘appropriate’ and insert ‘necessary and

proportionate’.

James Brokenshire

Mr David Ruffley

Not called  42

Schedule  4,  page  124,  line  17,  after ‘on’, insert ‘all’.

Mr Vernon Coaker

Agreed to  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’.

Public Bill Committee Proceedings: 12 February 2009
25

Policing and Crime Bill, continued

James Brokenshire

Mr David Ruffley

Not called  43

Schedule  4,  page  124,  line  17,  leave out ‘relevant’.

James Brokenshire

Mr David Ruffley

Not called  44

Schedule  4,  page  124,  line  30,  at end insert ‘provided always that no such condition

shall impose a condition requiring specific financial payment’.

Mr Vernon Coaker

Agreed to  132

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

which the resolution applies’.

Mr Vernon Coaker

Agreed to  133

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

Mr Vernon Coaker

Agreed to  134

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

Mr Vernon Coaker

Agreed to  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’.

James Brokenshire

Mr David Ruffley

Not called  45

Schedule  4,  page  125,  leave out lines 18 to 20.

Mr Vernon Coaker

Agreed to  136

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

existing certificates’.

Mr Vernon Coaker

Agreed to  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—

(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

Public Bill Committee Proceedings: 12 February 2009
26

Policing and Crime Bill, continued

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

or preventing the nuisance’.

Mr Vernon Coaker

Agreed to  138

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

which the resolution applies’.

Mr Vernon Coaker

Agreed to  139

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

Mr Vernon Coaker

Agreed to  140

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

Mr Vernon Coaker

Agreed to  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’.

Schedule, as amended, agreed to

Mr Vernon Coaker

Agreed to  259

Clause  32,  page  23,  line  36,  leave out second ‘the’ and insert ‘a’.

James Brokenshire

Mr David Ruffley

Withdrawn  87

Clause  32,  page  24,  line  4,  leave out paragraph (c).

James Brokenshire

Mr David Ruffley

Not called  88

Clause  32,  page  24,  line  17,  leave out subsection (10).

Mr Vernon Coaker

Agreed to  260

Clause  32,  page  24,  line  23,  leave out second ‘the’ and insert ‘a’.

James Brokenshire

Mr David Ruffley

Not called  89

Clause  32,  page  24,  line  28,  leave out paragraph (c).

Public Bill Committee Proceedings: 12 February 2009
27

Policing and Crime Bill, continued

James Brokenshire

Mr David Ruffley

Not called  90

Clause  32,  page  24,  line  39,  leave out subsection (10).

Clause, as amended, Agreed to.

Mr Vernon Coaker

Agreed to  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—’.

James Brokenshire

Mr David Ruffley

Not called  91

Clause  33,  page  25,  line  17,  leave out paragraph (a).

James Brokenshire

Mr David Ruffley

Not called  92

Clause  33,  page  25,  line  21,  leave out paragraph (e).

James Brokenshire

Mr David Ruffley

Withdrawn  93

Clause  33,  page  25,  line  30,  leave out subsection (5).

Mr Vernon Coaker

Agreed to  151

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

‘(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.”’.

Public Bill Committee Proceedings: 12 February 2009
28

Policing and Crime Bill, continued

Clause, as amended, Agreed to.

Mr Vernon Coaker

Agreed to  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

Agreed to on division  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.”’.

Clause, as amended, Agreed to.

Mr Vernon Coaker

Agreed to  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—’.

James Brokenshire

Mr David Ruffley

Not called  94

Clause  35,  page  26,  line  30,  leave out paragraph (a).