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Policing and Crime Bill


Policing and Crime Bill
Schedule 3 — Lap dancing and other sex encounter venues etc: transitional provision

149

 

Schedule 3

Section 25

 

Lap dancing and other sex encounter venues etc: transitional provision

Effect of section 25: cases where no existing resolutions passed

1          

A resolution made on or after the coming into force of section 25 by a local

authority under section 2 of the 1982 Act that Schedule 3 to that Act is to

5

apply to the area of the local authority applies to that Schedule as amended

by section 25.

Effect of section 25: cases where existing resolutions in force

2     (1)  

Sub-paragraph (2) applies if a local authority has, before the coming into

force of section 25, resolved under section 2 of the 1982 Act that Schedule 3

10

to that Act is to apply to the area of the local authority.

      (2)  

The amendments made by section 25 do not apply to the area of the local

authority concerned and the resolution concerned does not apply to the

Schedule as amended by section 25 but the local authority may resolve that

the Schedule as amended by section 25 is to apply to their area.

15

      (3)  

Section 2 of the 1982 Act has effect in relation to a resolution under sub-

paragraph (2) that Schedule 3 to that Act as amended by section 25 is to

apply to the area of a local authority as section 2 of that Act has effect in

relation to any resolution under that section that the Schedule is to apply to

the area of a local authority.

20

      (4)  

The definition of “the appropriate authority” in paragraph 5 of Schedule 3 to

the 1982 Act has effect as if the reference to a resolution under section 2 of

that Act included a reference to a resolution under sub-paragraph (2).

Power to make transitional provision on adoption of Schedule 3 of the 1982 Act as amended

3     (1)  

The relevant national authority may by order make such transitional,

25

transitory or saving provision as the relevant national authority considers

appropriate in connection with the coming into force, in consequence of a

resolution of a local authority under section 2 to the 1982 Act (including that

section as applied by paragraph 2(3) above), of Schedule 3 to that Act as

amended by section 25.

30

      (2)  

An order under this paragraph may, in particular, make different provision

from that made by paragraphs 28 and 29 of Schedule 3 to that Act (and may

accordingly provide for those paragraphs not to apply).

      (3)  

The power of the relevant national authority under this paragraph—

(a)   

is exercisable by statutory instrument,

35

(b)   

may be exercised so as to make different provision for different

purposes or different areas,

(c)   

includes power to make supplementary, incidental or consequential

provision.

Interpretation

40

4          

In this Schedule—

 
 

Policing and Crime Bill
Schedule 4 — General licensing conditions relating to alcohol
Part 1 — Premises licences

150

 

“the 1982 Act” means the Local Government (Miscellaneous

Provisions) Act 1982 (c. 30),

“relevant national authority” means—

(a)   

in relation to England, the Secretary of State, and

(b)   

in relation to Wales, the Welsh Ministers,

5

“local authority” has the same meaning as in Part 2 of the 1982 Act (see

section 2(5) of that Act).

Schedule 4

Section 31

 

General licensing conditions relating to alcohol

Part 1

10

Premises licences

Types of mandatory conditions

1          

After section 19(3) of the Licensing Act 2003 (c. 17) (mandatory conditions

where licence authorises supply of alcohol) insert—

“(4)   

The other conditions are any conditions specified in an order under

15

section 19A and applicable to the premises licence.”

Power of Secretary of State to impose section 19(4) mandatory conditions

2          

After section 19 of that Act insert—

“19A    

Power of Secretary of State to impose section 19(4) mandatory

conditions

20

(1)   

The Secretary of State may by order specify conditions relating to the

supply of alcohol and applicable to all relevant premises licences or

relevant premises licences of a particular description if the Secretary

of State considers it appropriate to do so for the promotion of the

licensing objectives.

25

(2)   

The number of conditions in force by virtue of subsection (1) in

relation to all relevant premises licences and the number of

conditions in force by virtue of that subsection in relation to relevant

premises licences of particular descriptions must not (when added

together) exceed at any time nine.

30

(3)   

An order under subsection (1) may relate to existing or future

relevant premises licences.

(4)   

Any conditions specified by an order under subsection (1) in relation

to existing relevant premises licences are to be treated as—

(a)   

included in those licences from the coming into force of the

35

order, and

(b)   

overriding any conditions already included in those licences

(“the existing conditions”) so far as they are—

(i)   

identical to the existing conditions, or

 
 

Policing and Crime Bill
Schedule 4 — General licensing conditions relating to alcohol
Part 1 — Premises licences

151

 

(ii)   

inconsistent with, and more onerous than, the

existing conditions.

(5)   

In this section—

“existing relevant premises licence”, in relation to an order,

means a relevant premises licence granted before the coming

5

into force of the order and in effect, or capable of having

effect, on its coming into force,

“future relevant premises licence”, in relation to an order,

means a relevant premises licence granted on or after the

coming into force of the order,

10

“relevant premises licence” means a premises licence

authorising the supply of alcohol.”

Power of relevant licensing authorities to impose general conditions in existing licences

3          

After section 21 of that Act (mandatory condition: door supervision) insert—

“21A    

General conditions for existing licences

15

(1)   

The relevant licensing authority may resolve to impose such

permitted conditions as it considers appropriate on 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

20

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

25

so associated, and

(d)   

it is appropriate to impose the conditions for the purposes of

mitigating or preventing the nuisance or disorder concerned.

(2)   

Any conditions included in a resolution under subsection (1) which

is in force are to be treated as—

30

(a)   

included in all the relevant premises licences to which the

resolution applies, and

(b)   

overriding any conditions already included in those licences

(“the existing conditions”) so far as they are—

(i)   

identical to the existing conditions, or

35

(ii)   

inconsistent with, and more onerous than, the

existing conditions.

(3)   

The relevant licensing authority for premises must consider whether

to make a resolution under subsection (1) if any responsible

authority for the premises requests such a resolution.

40

(4)   

The Secretary of State may by regulations make provision about—

(a)   

the procedure to be followed in connection with requests

under subsection (3),

(b)   

consultation before making a resolution under subsection (1),

(c)   

bringing such a resolution to the attention of those affected

45

by it,

 
 

Policing and Crime Bill
Schedule 4 — General licensing conditions relating to alcohol
Part 2 — Club premises certificates

152

 

(d)   

varying, reviewing or appealing conditions imposed by

virtue of this section.

(5)   

Regulations under subsection (4)(b) must, in particular, ensure that

the holders of the relevant premises licences to which the resolution

is to apply and the responsible authorities for the premises

5

concerned are consulted before the resolution is made.

(6)   

In this section—

“existing relevant premises licence”, in relation to a resolution

to impose permitted conditions, means a relevant premises

licence granted before the coming into force of the resolution

10

and in effect, or capable of having effect, on the coming into

force of the resolution,

“permitted conditions” means such conditions relating to the

supply of alcohol as the Secretary of State may by order

specify,

15

“relevant premises licence” means a premises licence

authorising the supply of alcohol.”

Part 2

Club premises certificates

Mandatory conditions relating to the supply of alcohol to members or guests

20

4          

After section 73 of the Licensing Act 2003 (c. 17) (certificate authorising

supply of alcohol for consumption off the premises) insert—

“73A    

Mandatory conditions relating to the supply of alcohol to members or

guests

Where a club premises certificate authorises the supply of alcohol to

25

members or guests, the certificate must include any conditions

specified in an order under section 73B and applicable to the

certificate.”

Power of Secretary of State to impose section 73A mandatory conditions

5          

After section 73A of that Act (as inserted by paragraph 4 above) insert—

30

“73B    

Power of Secretary of State to impose section 73A mandatory

conditions

(1)   

The Secretary of State may by order specify conditions relating to the

supply of alcohol to members or guests and applicable to all relevant

club premises certificates or relevant club premises certificates of a

35

particular description if the Secretary of State considers it

appropriate to do so for the promotion of the licensing objectives.

(2)   

The number of conditions in force by virtue of subsection (1) in

relation to all relevant club premises certificates and the number of

conditions in force by virtue of that subsection in relation to relevant

40

club premises certificates of particular descriptions must not (when

added together) exceed at any time nine.

 
 

Policing and Crime Bill
Schedule 4 — General licensing conditions relating to alcohol
Part 2 — Club premises certificates

153

 

(3)   

An order under subsection (1) may relate to existing or future

relevant club premises certificates.

(4)   

Any conditions specified by an order under subsection (1) in relation

to existing relevant club premises certificates are to be treated as—

(a)   

included in those certificates from the coming into force of

5

the order, and

(b)   

overriding any conditions already included in those

certificates (“the existing conditions”) so far as they are—

(i)   

identical to the existing conditions, or

(ii)   

inconsistent with, and more onerous than, the

10

existing conditions.

(5)   

In this section—

“existing relevant club premises certificate”, in relation to an

order, means a relevant club premises certificate granted

before the coming into force of the order and in effect, or

15

capable of having effect, on its coming into force,

“future relevant club premises certificate”, in relation to an

order, means a relevant club premises certificate granted on

or after the coming into force of the order,

“relevant club premises certificate” means a club premises

20

certificate authorising the supply of alcohol to members or

guests.”

Power of relevant licensing authorities to impose general conditions in existing certificates

6          

After section 74 of that Act (mandatory condition: exhibition of films)

insert—

25

“74A    

General conditions for existing certificates

(1)   

The relevant licensing authority may resolve to impose such

permitted conditions as it considers appropriate on two or more

existing relevant club premises certificates in its area if, in the case of

each of the premises concerned, it considers that—

30

(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,

35

(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 or disorder concerned.

(2)   

Any conditions included in a resolution under subsection (1) which

40

is in force are to be treated as—

(a)   

included in all the relevant club premises certificates to

which the resolution applies, and

(b)   

overriding any conditions already included in those

certificates (“the existing conditions”) so far as they are—

45

(i)   

identical to the existing conditions, or

 
 

Policing and Crime Bill
Schedule 5 — Injunctions: powers to remand

154

 

(ii)   

inconsistent with, and more onerous than, the

existing conditions.

(3)   

The relevant licensing authority for premises must consider whether

to make a resolution under subsection (1) if any responsible

authority for the premises requests such a resolution.

5

(4)   

The Secretary of State may by regulations make provision about—

(a)   

the procedure to be followed in connection with requests

under subsection (3),

(b)   

consultation before making a resolution under subsection (1),

(c)   

bringing such a resolution to the attention of those affected

10

by it,

(d)   

varying, reviewing or appealing conditions imposed by

virtue of this section.

(5)   

Regulations under subsection (4)(b) must, in particular, ensure that

the holders of the relevant club premises certificates to which the

15

resolution is to apply and the responsible authorities for the

premises concerned are consulted before the resolution is made.

(6)   

In this section—

“existing relevant club premises certificate”, in relation to a

resolution to impose permitted conditions, means a relevant

20

club premises certificate granted before the coming into force

of the resolution and in effect, or capable of having effect, on

the coming into force of the resolution,

“permitted conditions” means such conditions relating to the

supply of alcohol to members or guests as the Secretary of

25

State may by order specify,

“relevant club premises certificate” mean a club premises

certificate authorising the supply of alcohol to members or

guests.”

Schedule 5

30

Section 44

 

Injunctions: powers to remand

Introductory

1     (1)  

The provisions of this Schedule apply where the court has power to remand

a person under section 41(5) or 42(4).

      (2)  

In this Schedule, “the court” means the High Court or a county court and

35

includes—

(a)   

in relation to the High Court, a judge of that court, and

(b)   

in relation to a county court, a judge or district judge of that court.

Remand in custody or on bail

2     (1)  

The court may—

40

 
 

Policing and Crime Bill
Schedule 5 — Injunctions: powers to remand

155

 

(a)   

remand the person in custody, that is, commit the person to custody

to be brought before the court at the end of the period of remand or

at such earlier time as the court may require, or

(b)   

remand the person on bail.

      (2)  

The court may remand the person on bail—

5

(a)   

by taking from the person a recognizance, with or without sureties,

conditioned as provided in paragraph 3, or

(b)   

by fixing the amount of the recognizances with a view to their being

taken subsequently and, in the meantime, committing the person to

custody as mentioned in sub-paragraph (1)(a).

10

      (3)  

Where a person is brought before the court after remand, the court may

further remand the person.

3     (1)  

Where a person is remanded on bail, the court may direct that the person’s

recognizance be conditioned for the person’s appearance—

(a)   

before that court at the end of the period of remand, or

15

(b)   

at every time and place to which during the course of the

proceedings the hearing may from time to time be adjourned.

      (2)  

Where a recognizance is conditioned for a person's appearance as

mentioned in sub-paragraph (1)(b), the fixing of any time for the person next

to appear is to be treated as a remand.

20

      (3)  

Nothing in this paragraph affects the power of the court at any subsequent

hearing to remand the person afresh.

4     (1)  

The court may not remand a person for a period exceeding 8 clear days

unless—

(a)   

the person is remanded on bail, and

25

(b)   

both that person and the person who applied for the injunction

consent to a longer period.

      (2)  

Where the court has power to remand a person in custody it may, if the

remand is for a period not exceeding 3 clear days, commit the person to the

custody of a constable.

30

Further remand

5     (1)  

If the court is satisfied that a person who has been remanded is unable by

reason of illness or accident to appear or be brought before the court at the

expiration of the period of remand, the court may, in the absence of the

person, further remand the person.

35

      (2)  

The power mentioned in sub-paragraph (1) may, in the case of a person who

was remanded on bail, be exercised by enlarging the person’s recognizance

and those of any sureties for the person to a later time.

      (3)  

Where a person remanded on bail is bound to appear before the court at any

time and the court has no power to remand the person under sub-paragraph

40

(1), the court may (in the person’s absence) enlarge the person’s

recognizance and those of any sureties for the person to a later time.

      (4)  

The enlargement of the person’s recognizance is to be treated as a further

remand.

 
 

 
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