|
| |
| |
(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. |
| 5 |
| |
| |
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” |
| 10 |
| |
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 |
| |
| |
(2) | In subsection (1) omit “and to state his name and address”. |
| 20 |
(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 |
| 25 |
the age of 16, remove the person to the person’s place of residence or a |
| |
| |
(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 |
| |
| |
| |
|
| |
| |
(b) | any place, other than a public place, to which the person has unlawfully |
| |
| |
(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 |
| 5 |
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 |
| |
| 15 |
(b) | in relation to Northern Ireland, means— |
| |
(i) | licensed premises within the meaning of the 1996 Licensing |
| |
| |
(ii) | premises of a club registered under the Registration of Clubs |
| |
(Northern Ireland) Order 1996, |
| 20 |
(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 |
| |
| 25 |
(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 |
| |
| |
31 | General licensing conditions relating to alcohol |
| |
Schedule 4 (which makes provision about general licensing conditions relating |
| 35 |
| |
| |
| |
|
| |
| |
| |
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- |
| |
| |
(3) | The second condition is that the court thinks it is necessary to grant the |
| |
injunction for either or both of the following purposes— |
| 10 |
(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 |
| 15 |
| |
(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 |
| |
| 20 |
| |
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— |
| 25 |
(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 |
| |
| 30 |
(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; |
| 35 |
(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 |
| |
| 40 |
| |
| |
|
| |
| |
(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 |
| |
| |
(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. |
| 10 |
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 |
| 15 |
(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. |
| 20 |
(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 |
| 25 |
effect for a shorter period than the prohibition or requirement to which it |
| |
| |
| |
35 | Applications for injunctions under section 32 |
| |
(1) | An application for an injunction under section 32 may be made by— |
| 30 |
(a) | the chief officer of police for a police area, |
| |
(b) | the chief constable of the British Transport Police Force, or |
| |
| |
(2) | In this Part “local authority” means— |
| |
(a) | in relation to England, a district council, a county council, a London |
| 35 |
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. |
| |
| |
| |
|
