Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

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(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.”

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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

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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”

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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).”

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