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Session 2008 - 09
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Policing and Crime Bill


Policing and Crime Bill
Part 3 — Alcohol misuse

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(8)   

After paragraph 27(10) (appeals) insert—

  “(10A)  

Sub-paragraph (10) does not apply if the grounds for refusing an

application for the renewal of a licence are those set out in paragraph

12(3)(c) or (d) of this Schedule.”

(9)   

Schedule 3 (provisions which are transitional on this section) has effect.

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Part 3

Alcohol misuse

26      

Increase in penalty for offence

In section 12(4) of the Criminal Justice and Police Act 2001 (c. 16) (penalty for

offence of consuming alcohol in a designated public place) for “level 2”

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substitute “level 4”.

27      

Selling alcohol to children

In section 147A(1)(a) of the Licensing Act 2003 (c. 17) (offence of selling alcohol

to children on different occasions) for “3 or more different occasions” substitute

“2 or more different occasions”.

15

28      

Confiscating alcohol from young persons

(1)   

Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)

(confiscation of alcohol from young persons in a public place etc) is amended

as follows.

(2)   

In subsection (1) omit “and to state his name and address”.

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(3)   

After subsection (1) insert—

“(1AA)   

A constable who imposes a requirement on a person under subsection

(1) shall also require the person to state the person’s name and address.

(1AB)   

A constable who imposes a requirement on a person under subsection

(1) may, if the constable reasonably suspects that the person is under

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the age of 16, remove the person to the person’s place of residence or a

place of safety.”

(4)   

Subsection (1A) is omitted.

(5)   

In subsection (3) after “subsection (1)” insert “or (1AA)”.

(6)   

In subsection (4) after “that subsection” insert “or (1AA)”.

30

(7)   

In subsection (6) omit “and (1A)”.

29      

Offence of persistently possessing alcohol in a public place

(1)   

A person under the age of 18 is guilty of an offence if, without reasonable

excuse, the person is in possession of alcohol in any relevant place on 3 or more

occasions within a period of 12 consecutive months.

35

(2)   

“Relevant place”, in relation to a person, means—

(a)   

any public place, other than excluded premises, or

 
 

Policing and Crime Bill
Part 3 — Alcohol misuse

25

 

(b)   

any place, other than a public place, to which the person has unlawfully

gained access.

(3)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

(4)   

For the purposes of subsection (2) a place is a public place if at the material time

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the public or any section of the public has access to it, on payment or otherwise,

as of right or by virtue of express or implied permission.

(5)   

In subsection (2) “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

10

2003 (c. 17) (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,

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(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,

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(iii)   

premises for which an occasional licence (within the meaning of

the 1996 Licensing Order) has been granted.

(6)   

In this section “alcohol”—

(a)   

in relation to England and Wales, has the same meaning as in the

Licensing Act 2003,

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(b)   

in relation to Northern Ireland, has the same meaning as “intoxicating

liquor” in the 1996 Licensing Order.

(7)   

References in this section to the 1996 Licensing Order are to the Licensing

(Northern Ireland) Order 1996 (S. I. 1996/3158 (N. I. 22)).

30      

Directions to individuals who represent a risk of disorder

30

In section 27(1) of the Violent Crime Reduction Act 2006 (c. 38) (power to

require person to leave a public place etc) for “aged 16 or over” substitute “aged

10 or over”.

31      

General licensing conditions relating to alcohol

Schedule 4 (which makes provision about general licensing conditions relating

35

to alcohol) has effect.

 
 

Policing and Crime Bill
Part 4 — Injunctions: gang-related violence

26

 

Part 4

Injunctions: gang-related violence

Power to grant injunctions

32      

Injunctions to prevent gang-related violence

(1)   

A court may grant an injunction under this section if two conditions are met.

5

(2)   

The first condition is that the court is satisfied on the balance of probabilities

that the respondent has engaged in, or has encouraged or assisted, gang-

related violence.

(3)   

The second condition is that the court thinks it is necessary to grant the

injunction for either or both of the following purposes—

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(a)   

to prevent the respondent from engaging in, or encouraging or

assisting, gang-related violence;

(b)   

to protect the respondent from gang-related violence.

(4)   

An injunction under this section may (for either or both of those purposes)—

(a)   

prohibit the respondent from doing anything described in the

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injunction;

(b)   

require the respondent to do anything described in the injunction.

(5)   

In this section “gang-related violence” means violence or a threat of violence

which occurs in the course of the activities of a gang or is otherwise related to

such activities.

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Contents of injunctions

33      

Contents of injunctions

(1)   

This section applies in relation to an injunction under section 32.

(2)   

The prohibitions included in the injunction may, in particular, have the effect

of prohibiting the respondent from—

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(a)   

being in a particular place;

(b)   

being with particular persons in a particular place;

(c)   

being in charge of a particular species of animal in a particular place;

(d)   

wearing particular descriptions of articles of clothing in a particular

place;

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(e)   

using the internet to facilitate or encourage violence.

(3)   

The requirements included in the injunction may, in particular, have the effect

of requiring the respondent to—

(a)   

notify the person who applied for the injunction of the respondent’s

address and of any change to that address;

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(b)   

be at a particular place between particular times on particular days;

(c)   

present himself or herself to a particular person at a place where he or

she is required to be between particular times on particular days;

(d)   

participate in particular activities between particular times on

particular days.

40

 
 

Policing and Crime Bill
Part 4 — Injunctions: gang-related violence

27

 

(4)   

A requirement of the kind mentioned in subsection (3)(b) may not be such as

to require the respondent to be at a particular place for more than 8 hours in

any day.

(5)   

The prohibitions and requirements included in the injunction must, so far as

practicable, be such as to avoid—

5

(a)   

any conflict with the respondent’s religious beliefs, and

(b)   

any interference with the times, if any, at which the respondent

normally works or attends any educational establishment.

(6)   

Nothing in subsection (2) or (3) affects the generality of section 32(4).

(7)   

In subsection (2) “place” includes an area.

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34      

Contents of injunctions: supplemental

(1)   

This section applies in relation to an injunction under section 32.

(2)   

The court must specify, in relation to each prohibition or requirement in the

injunction, whether it is to be in force—

(a)   

until further order, or

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(b)   

until the end of a specified period.

(3)   

The court may order the applicant and the respondent to attend a review

hearing on a specified date.

(4)   

A review hearing is a hearing held for the purpose of considering whether the

injunction should be varied or discharged.

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(5)   

The court may attach a power of arrest in relation to—

(a)   

any prohibition in the injunction, or

(b)   

any requirement in the injunction, other than one which has the effect

of requiring the respondent to participate in particular activities.

(6)   

If the court attaches a power of arrest, it may specify that the power is to have

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effect for a shorter period than the prohibition or requirement to which it

relates.

Applications

35      

Applications for injunctions under section 32

(1)   

An application for an injunction under section 32 may be made by—

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(a)   

the chief officer of police for a police area,

(b)   

the chief constable of the British Transport Police Force, or

(c)   

a local authority.

(2)   

In this Part “local authority” means—

(a)   

in relation to England, a district council, a county council, a London

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borough council, the Common Council of the City of London or the

Council of the Isles of Scilly;

(b)   

in relation to Wales, a county council or a county borough council.

 
 

 
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