183

House of Commons

Notices of Amendments

given on

Thursday 4 February 2010

For other Amendment(s) see the following page(s):

Crime and Security Bill Committee 144-181

Public Bill Committee

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Crime and Security Bill

James Brokenshire

Andrew Rosindell

171

Clause  39,  page  79,  line  33,  at end insert ‘or agent’.

James Brokenshire

Andrew Rosindell

172

Clause  39,  page  79,  leave out lines 41 to 43.

James Brokenshire

Andrew Rosindell

173

Clause  41,  page  83,  line  24,  after ‘telephone’, insert ‘or any device capable of

sending or receiving electronic data’.

James Brokenshire

Andrew Rosindell

174

Clause  42,  page  83,  line  33,  leave out ‘take reasonable precautions to’.

Code of conduct (Private Security Industry Act 2001)

James Brokenshire

Andrew Rosindell

NC30

To move the following Clause:—

‘The Secretary of State shall by regulations make provision for the introduction

of a code of conduct in respect of vehicle immobilisation activities and the issuing

Notices of Amendments: 4 February 2010

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Crime and Security Bill, continued

of penalties for parking on private land undertaken by any business licensed

under section 4A of the Private Security Industry Act 2001 (inserted by section

39 of this Act), including making provision for requirements for appropriate

signage on private land and maximum levels of penalties which may be levied.’.

Power to restrict sale and supply of alcohol

Mr David Hanson

NC31

To move the following Clause:—

‘(1)	The Licensing Act 2003 is amended as follows.

(2)	In Part 9 (miscellaneous and supplementary), after section 172 there is inserted—

“Early morning alcohol restriction orders

172A	Power to make early morning alcohol restriction order

(1)	If a licensing authority considers it necessary for the promotion of the

licensing objectives, it may, subject as follows, make an order under this

section.

(2)	An order under this section is an order providing that —

(a)	premises licences and club premises certificates granted by the

authority, and temporary event notices given to the authority,

shall not have effect to the extent that they authorise the sale of

alcohol between 3am and 6am, and

(b)	club premises certificates granted by the authority shall not have

effect to the extent that they authorise the supply of alcohol by or

on behalf a club to, or to the order of, a member of the club

between 3am and 6am.

(3)	It is immaterial for the purposes of an order under this section whether a

premises licence or club premises certificate is granted, or a temporary

event notice is given, before or after the order is made.

(4)	An order under this section may provide that it is to apply—

(a)	every day or only on particular days (for example, particular days

of the week or year),

(b)	in relation to the whole or part of a licensing authority’s area, or

(c)	for a limited or unlimited period.

(5)	An order under this section must specify—

(a)	the days in relation to which it is to apply,

(b)	the area in relation to which it is to apply,

(c)	if it is to apply for a limited period, that period, and

(d)	the date from which it is to apply.

(6)	An order under this section must—

(a)	be in the prescribed form, and

(b)	have the prescribed content.

172B	Procedural requirements for early morning alcohol restriction order

(1)	A licensing authority proposing to make an order under section 172A

must—

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Crime and Security Bill, continued

(a)	advertise the proposed order in the prescribed manner,

(b)	hold a hearing to consider any relevant representations, unless

the authority and each person who has made such representations

agree that a hearing is unnecessary.

(2)	In this section “relevant representations” means representations which—

(a)	are about the likely effect of the making of the proposed order on

the promotion of the licensing objectives,

(b)	are made to the licensing authority by—

(i)	an affected person,

(ii)	an interested party, or

(iii)

a responsible authority,

(c)	are made in the prescribed form and manner and within the

prescribed period,

(d)	have not been withdrawn, and

(e)	in the case of representations made by an affected person or an

interested party (who is not also a responsible authority), that

they are not, in the opinion of the licensing authority, frivolous

or vexatious.

(3)	In subsection (2)(b)(i) “affected person” means—

(a)	the holder of a premises licence or club premises certificate in

respect of affected premises,

(b)	the premises user in relation to a temporary event notice in

respect of affected premises,

(c)	a person who has applied for a premises licence or club premises

certificate in respect of affected premises (where the application

has not been determined), and

(d)	a person to whom a provisional statement has been issued in

respect of affected premises.

(4)	In subsection (2)(b)(ii) “interested party” means—

(a)	a person living in the vicinity of affected premises,

(b)	a body representing persons who live in that vicinity,

(c)	a person involved in a business in that vicinity,

(d)	a body representing persons involved in such businesses, and

(e)	a member of the licensing authority.

(5)	In subsection (2)(b)(iii) “responsible authority” means—

(a)	the chief officer of police for a police area any part of which is in

the area specified in the order,

(b)	the fire and rescue authority for an area any part of which is in

the area specified in the order,

(c)	the local weights and measures authority for any such area,

(d)	the enforcing authority within the meaning given by section 18

of the Health and Safety at Work etc Act 1974 for any such area,

(e)	the local planning authority within the meaning given by the

Town and Country Planning Act 1990 for any such area,

(f)	the local authority by which statutory functions are exercisable

in the area specified in the order in relation to minimising or

preventing the risk of pollution of the environment or of harm to

human health,

(g)	a body which—

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Crime and Security Bill, continued

(i)	represents those who, in relation to the area specified in

the order, are responsible for, or interested in, matters

relating to the protection of children from harm, and

(ii)	is recognised by the licensing authority for the purposes

of this section as being competent to advise on such

matters,

(h)	any other licensing authority in whose area part of any affected

premises is situated,

(i)	where affected premises are a vessel—

(i)	a navigation authority (within the meaning of section

221(1) of the Water Resources Act 1991) having

functions in relation to the waters where the vessel is

usually moored or berthed or any waters where it is

navigated at a time when it is used for licensable

activities to which the proposed order relates,

(ii)	the Environment Agency,

(iii)

the British Waterways Board, and

(iv)	the Secretary of State, and

(j)	a prescribed person.

(6)	Where a licensing authority determines for the purposes of subsection

(2)(e) that any representations are frivolous or vexatious, it must notify

the person who made them of its reasons for its determination.

(7)	In this section—

“affected premises”, in relation to a proposed order, means premises in

respect of which it applies from the date specified in it;

“statutory function” means a function conferred by or under an enactment.

172C	Making of early morning alcohol restriction order

(1)	A licensing authority may not make an order under section 172A

applying in relation to—

(a)	an area not specified in the proposed order advertised under

section 172B, or

(b)	a day not specified in that proposed order.

(2)	After making an order under section 172A a licensing authority must

publish it or otherwise make it available—

(a)	in the prescribed form and manner, and

(b)	within the prescribed period.

172D	Variation and revocation of early morning alcohol restriction order

(1)	A licensing authority may vary or revoke an order under section 172A.

(2)	Sections 172B and 172C apply in relation to the variation or revocation

of an order under section 172A as in relation to the making of such an

order.

172E	Exceptions from effect of early morning alcohol restriction order

(1)	An order under section 172A does not apply in prescribed cases or

circumstances.

(2)	The cases referred to in subsection (1) may in particular be defined by

reference to—

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Crime and Security Bill, continued

(a)	particular kinds of premises, or

(b)	particular days.

(3)	An order under section 172A is subject to an order under section 172

(whether made before or afterwards), unless and to the extent that the

order under section 172 provides otherwise.”

(3)	In section 7 (exercise and delegation of functions), in subsection (2), after

paragraph (a) (but before the final “or”) there is inserted—

“(aa)

the functions of making, and varying or revoking, an order under

section 172A (early morning alcohol restriction order),”.’

Member’s explanatory statement

This New Clause enables licensing authorities to suspend the effect of licences and other authori­

sations under the Licensing Act 2003, so far as relating to the sale and supply of alcohol, between

3am and 6am.

Mr David Hanson

175

Clause  44,  page  85,  line  11,  at end insert—

‘( )	Section [Power to restrict sale and supply of alcohol] (power to restrict sale and

supply of alcohol) extends to England and Wales only.’

Member’s explanatory statement

This amendment secures that NC31extends to England and Wales only.

Mr David Hanson

176

Title,  line  5,  after ‘weapons;’ insert ‘about licensing the sale and supply of alcohol;’.

Member’s explanatory statement

This amendment is consequential on NC31.

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Revised 5 February 2010