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(b)	a DNA profile derived from a DNA sample falling within

paragraph (a).

(2)	Material to which this section applies may be retained—

(a)	if (at any time) the person to whom it relates consents in writing

to its retention, and

(b)	for as long as the consent is not withdrawn.

(3)	Material to which this section applies may be retained without limit of

time if, before the material would (but for this section) be required to be

destroyed under section 11(6), the person to whom it relates is convicted

of—

(a)	an offence in Scotland which is punishable by imprisonment, or

(b)	a recordable offence in England and Wales or Northern Ireland

(as falling to be construed for the purposes of paragraphs 20B to

20E of Schedule 8 to the Terrorism Act 2000 (see paragraph

20F(2) of that Schedule)).

(4)	Material to which this section applies may be retained—

(a)	if the chief constable determines that it is necessary for the

material to be retained for the purposes of national security, and

(b)	for as long as the determination has effect.

(5)	A determination mentioned in subsection (4)—

(a)	has effect for a maximum of 2 years beginning with the date on

which the material would (but for this section) be required to be

destroyed under section 11(6),

(b)	may be renewed.

(6)	The reference in subsection (4) to the chief constable is a reference to the

chief constable of the police force—

(a)	of which the constable who took (or directed the taking of) the

material was a member, or

(b)	in the case of a DNA profile, of which the constable who took (or

directed the taking of) the sample from which the profile derived

was a member.

(7)	Material retained under section 11 or this section must not be used other

than—

(a)	in the interests of national security, or

(b)	for the purposes of a terrorist investigation.

(8)	Section 11(6) is subject to this section.

(9)	In this section—

“DNA profile” means any information derived from a DNA sample,

“DNA sample” means any material that has come from a human body and

consists of or includes human cells,

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“terrorist investigation” has the meaning given by section 32 of the

Terrorism Act 2000.”’.

Member’s explanatory statement

This New Clause provides for the retention, destruction and use of material that has been obtained

from an individual who is subject to a control order in Scotland. To this end, it amends section 11

of the Counter-Terrorism Act 2008 and inserts a new section 11A.

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

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(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—

(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,

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(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—

(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.

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Revised 23 February 2010