House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill


 
 

8

 
 

(a)    

before the issue of the closure notice was authorised, reasonable

 

steps were taken to establish the identity of any person of a

 

description mentioned in section 136B(7)(b), and

 

(b)    

a constable complied with section 136C(3)(d) in relation to the

 

persons so identified.”

Schedule 3

49

Page 153, line 28, leave out from “Act” to “, of” in line 29 and insert “or paragraph

 

2(2) above”.

50

Page 153, line 39, at end insert—

 

“Duty to consult about adopting Schedule 3 to the 1982 Act as amended

 

3A  (1)  

Sub-paragraph (2) applies if a local authority has not made a resolution

 

under section 2 of the 1982 Act or (as the case may be) paragraph 2(2)

 

above within the period of one year beginning with the coming into force

 

of section 26.

 

      (2)  

The local authority must, as soon as reasonably practicable, consult local

 

people about whether the local authority should make such a resolution.

 

      (3)  

In sub-paragraph (2) “local people” means persons who live or work in

 

the area of the local authority.”

51

Page 154, line 7, at end insert—

 

“; and references in this Schedule to the coming into force of section

 

26 are references to the coming into force of that section for

 

purposes other than the purposes of the Secretary of State or the

 

Welsh Ministers making orders.”

Schedule 4

52

Page 154, line 31, after “may” insert “—

 

(a)    

53

Page 154, line 32, at end insert—

 

“(b)    

specify conditions which involve, or consist of, the

 

exercise of a discretion by any person.”

54

Page 155, line 2, at end insert—

 

“(4A)    

Any conditions included, or treated as included, in relevant

 

premises licences by virtue of section 19(4) and this section cease

 

to have effect so far as they cease to be specified under this

 

section in relation to those licences.

 

(4B)    

Any conditions treated as mentioned in subsection (4)(b) cease to

 

be so treated so far as they cease to be specified under this section

 

in relation to the relevant premises licences concerned.

 

(4C)    

So far as conditions cease to be treated as mentioned in

 

subsection (4)(b), the existing conditions revive.

 

(4D)    

Subsections (4A) to (4C) are subject to any alternative transitional

 

or saving provision made by the order revoking the

 

specification.”


 
 

9

55

Page 155, line 14, leave out paragraph 3

56

Page 157, line 1, after “may” insert “—

 

(a)    

57

Page 157, line 2, at end insert—

 

“(b)    

specify conditions which involve, or consist of, the

 

exercise of a discretion by any person.”

58

Page 157, line 11, at end insert—

 

“(4A)    

Any conditions included, or treated as included, in relevant club

 

premises certificates by virtue of section 73A and this section

 

cease to have effect so far as they cease to be specified under this

 

section in relation to those certificates.

 

(4B)    

Any conditions treated as mentioned in subsection (4)(b) cease to

 

be so treated so far as they cease to be specified under this section

 

in relation to the relevant club premises certificates concerned.

 

(4C)    

So far as conditions cease to be treated as mentioned in

 

subsection (4)(b), the existing conditions revive.

 

(4D)    

Subsections (4A) to (4C) are subject to any alternative transitional

 

or saving provision made by the order revoking the

 

specification.”

59

Page 157, line 24, leave out paragraph 6

Schedule 7

60

Page 172, line 29, leave out “Sex encounter venues” and insert “Sexual entertainment

 

venues

61

Page 172, line 30, leave out from “of” to end of line 38 and insert “relevant

 

entertainment—

 

(a)    

at premises for which a licence for a sexual entertainment venue

 

is required (or the requirement has been waived) by virtue of

 

Schedule 3 to the Local Government (Miscellaneous Provisions)

 

Act 1982, and

 

(b)    

of a kind, and in a way, by virtue of which the premises qualify

 

as such a venue,

 

            

is not to be regarded as the provision of regulated entertainment for the

 

purposes of this Act.

 

    (1A)  

The provision of relevant entertainment—

 

(a)    

at premises which are subject to a licence for a sexual

 

entertainment venue but are not such a venue merely because of

 

the operation of paragraph 2A(3)(b) of Schedule 3 to the Act of

 

1982, and

 

(b)    

of a kind, and in a way, by virtue of which the premises would

 

qualify as such a venue but for the operation of that paragraph,

 

            

is not to be regarded as the provision of regulated entertainment for the

 

purposes of this Act.

 

    (1B)  

The provision of entertainment consisting of the performance of live

 

music or the playing of recorded music is not to be regarded as the

 

provision of regulated entertainment for the purposes of this Act to the


 
 

10

 
 

extent that it is an integral part of such provision of relevant

 

entertainment as falls within sub-paragraph (1) or (1A).

 

    (1C)  

The provision of entertainment facilities is not to be regarded as the

 

provision of regulated entertainment for the purposes of this Act to the

 

extent that it is for the purposes of such provision of entertainment as

 

falls within sub-paragraph (1), (1A) or (1B).

 

      (2)  

In this paragraph—”

62

Page 172, line 40, at end insert—

 

““relevant entertainment” has the meaning given by paragraph 2A(2)

 

of that Schedule to that Act;”

63

Page 172, line 41, leave out “sex encounter venue” and insert “sexual

 

entertainment venue”

64

Page 174, line 13, at end insert—

 

“30A      

In section 25A(6) (grant of premises licence: supply of alcohol from

 

community premises) for “(4)” substitute “(5)”.”

65

Page 174, line 15, leave out from second “21”” to end of line 18

66

Page 174, line 18, at end insert—

 

“31A      

In section 41D(5) (variation of premises licence: supply of alcohol from

 

community premises) for “(4)” substitute “(5)”.”

67

Page 174, line 21, leave out from second “21”” to end of line 24

68

Page 174, line 24, at end insert—

 

“32A      

In section 52A(3) (review: supply of alcohol from community premises)

 

for “20 and 21” substitute “19(4) and 19A to 21”.”

69

Page 174, line 26, leave out from second “21”” to end of line 29

70

Page 174, line 32, leave out “general” and insert “mandatory”

71

Page 174, line 35, leave out “general” and insert “mandatory”

72

Page 174, line 38, leave out “general” and insert “mandatory”

73

Page 174, line 40, leave out “general” and insert “mandatory”

74

Page 174, line 42, leave out “section 19(4), 19A or 21A” and insert “section 19(4) or

 

19A”

75

Page 175, line 7, at end insert “and”

76

Page 175, line 8, leave out from ““alcohol”” to end of line 11

77

Page 175, line 14, at end insert “and”

78

Page 175, line 15, leave out from ““alcohol”” to end of line 18

79

Page 175, line 21, leave out “general” and insert “mandatory”

80

Page 175, line 23, leave out “general” and insert “mandatory”

81

Page 175, line 26, leave out “general” and insert “mandatory”

82

Page 175, line 28, leave out “general” and insert “mandatory”


 
 

11

83

Page 175, line 30, leave out “section 73A, 73B or 74A” and insert “section 73A or

 

73B”

84

Page 175, line 32, leave out from second “21”” to end of line 35

85

Page 175, leave out lines 38 to 40 and insert—

 

““(aa)    

an order under section 19A or 73B (orders in relation to

 

mandatory licensing conditions),”.”

86

Page 176, line 1, leave out sub-paragraph (4)

87

Page 192, line 2, at end insert—

 

“Part 8A

 

Extradition

 

113A      

In section 185(5) of the Extradition Act 2003 (c. 41) (limit on fees and

 

expenses) after “amount” insert “allowed”.”

Schedule 8

88

Page 200, line 26, at end insert—

 

“Part 11A

 

Misuse of Drugs Act 1971: warrants

 

Reference

Extent of repeal

 
 

Misuse of Drugs Act 1971 (c. 38)

In section 23—

 
  

(a)    

in subsection (3), “acting for the police

 
  

area in which the premises are situated”,

 
  

and

 
  

(b)    

subsection (5).”

 

 
 

12


 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 12 November 2009