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A
BILL
To confer further powers upon local authorities in London; and for related purposes.
WHEREAS—
| (1) | It is expedient that further and better provision should be made for the improvement and development of local government services in London and for the benefit of persons residing therein and that the powers of London borough councils and the Common Council of the City of London (hereinafter referred to as "London borough councils") should be extended and amended as provided in this Act: |
| (2) | It is expedient that further provision be made in London about the use of penalty charges in the enforcement of certain legislation: |
| (3) | It is expedient that the range of premises in London in respect of which street litter control notices can be served should be extended: |
| (4) | It is expedient that London borough councils should be able to install turnstiles in public conveniences: |
| (5) | It is expedient that London borough councils should be able to make increased charges when giving permissions for the execution of works and use of objects on the highway, if the execution of works and use of objects produces income: |
| (6) | It is expedient that food business operators should be under a duty to display food hygiene inspection documentation at food business establishments in London: |
| (7) | It is expedient that London borough councils in their capacity as local housing authorities should be able to require remedial action to be taken in respect of houses in multiple occupation in cases where there has been a failure to comply with the relevant management regulations for such houses: |
| (8) | It is expedient that the powers of entry enjoyed by housing authorities in London should be altered: |
| (9) | It is expedient that the law relating to sex establishments in London should be altered: |
| (10) | It is expedient that the law relating to street trading in London should be altered to clarify that internet sales of vehicles that are kept on the street fall within its scope: |
| (11) | It is expedient that the law relating to street trading in the City of Westminster and the London Borough of Camden should be altered in relation to the seizure and disposal of receptacles used or about to be used for unlawful street trading: |
| (12) | It is expedient that the other provisions contained in this Act should be enacted: |
| (13) | The objects of this Act cannot be attained without the authority of Parliament: |
| (14) | In relation to the promotion of the Bill for this Act the Westminster City Council have complied with the requirements of section 239 of the Local Government Act 1972 (c. 70) and the other participating London borough councils have complied with the requirements of section 87 of the Local Government Act 1985 (c. 51): |
| (15) | In relation to the promotion of the Bill the London borough councils have acted through their representation in London Councils, a statutory joint committee whose membership is made up from members of all the London borough councils. |
May it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
PART 1
Preliminary
| 1 | Citation, commencement and extent |
| (1) | This Act may be cited as the London Local Authorities Act 2010. |
| (2) | This Act and the London Local Authorities Acts 1990 to 2007 may be cited together as the London Local Authorities Acts 1990 to 2010. |
| (a) | section 9 (display of food hygiene documents); and |
| (b) | section 23 (Licensing Act 2003 applications: regulated entertainment involving nudity, etc.). |
shall come into operation at the end of the period of two months beginning with the date on which it is passed.
| (4) | Sections 9 and 23 shall come into operation on the appointed day. |
In this Act, except where the context otherwise requires—
"the Act of 2007" means the London Local Authorities Act 2007 (c. ii);
"authorised officer", in relation to a borough council, means—
| (a) | any employee of the council; |
| (b) | any other person by whom, in pursuance of arrangements made with the council, any functions under this Act fall to be discharged; or |
| (c) | any employee of any such person, |
who is authorised in writing by the council to act in relation to the relevant provision of this Act;
"borough council" means London borough council and includes the Common Council of the City of London in its capacity as a local authority and "borough" and "council" shall be construed accordingly.
| (1) | For the purposes of the provisions mentioned in section 1(3)(a) and (b), "the appointed day" means such day as may be fixed in relation to a borough by resolution of the borough council, subject to and in accordance with the provisions of this section. |
| (2) | Different days may be fixed under this section for the purpose of the application of different provisions of this Act to a borough. |
| (3) | The borough council shall cause to be published in a local newspaper circulating in the borough and in the London Gazette notice— |
| (a) | of the passing of any such resolution and of a day fixed by them; and |
| (b) | of the general effect of the provisions of this Act coming into operation on that day, |
and the day so fixed shall not be earlier than the expiration of one month from the publication of the notice in the London Gazette.
| (4) | A document certified by the officer appointed for that purpose by the borough council to be a true reproduction of a page or part of a page of any such newspaper or London Gazette— |
| (a) | bearing the date of its publication; and |
| (b) | containing any such notice, |
shall be evidence of the publication of the notice and of the date of publication.
PART 2
Penalty Charges
| 4 | Powers exercisable by police civilians and accredited persons |
| (1) | Where a designation under section 38 of the Police Reform Act 2002 (c. 30) applies paragraph 1 of Schedule 4 to that Act (community support officers' powers to issue fixed penalty notices) to any person, that person shall have the power of a borough council to serve a penalty charge notice where he has reason to believe that a penalty charge is payable to the borough council by virtue of a penalty charge provision within the meaning of section 61(7) of the Act of 2007. |
| (2) | An accredited person within the meaning of section 47 of the Police Reform Act 2002 whose accreditation specifies that paragraph 1 of Schedule 5 to that Act (accredited persons' powers to issue fixed penalty notices) applies to him shall have the power of a borough council to serve a penalty charge notice where he has reason to believe that a penalty charge is payable to the borough council by virtue of a penalty charge provision within the meaning of section 61(7) of the Act of 2007. |
| 5 | Power to require name and address |
| (1) | If a borough council, a community support officer or an accredited person proposes to serve on a person a penalty charge notice under section 61(2) of the Act of 2007, the council, community support officer or accredited person may require the person to give him his name and address. |
| (2) | Where a requirement of the borough council under subsection (1) is made in person then— |
| (a) | it must be made by an authorised officer of the council; and |
| (b) | the authorised officer must, if required to do so, show proof of his authorisation. |
| (3) | A person commits an offence if— |
| (a) | he fails to give his name and address when required to do so under subsection (1), or |
| (b) | he gives a false or inaccurate name or address in response to a requirement under that subsection. |
| (4) | A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. |
| (5) | In subsection (1) "accredited person" means an accredited person within the meaning of section 47 of the Police Reform Act 2002. |
PART 3
Public Health, Environmental Protection and Highways
| 6 | Street litter control notices |
Section 94(1)(a) of the Environmental Protection Act 1990 (c. 43) (street litter: supplementary provisions) shall apply in Greater London as though for "commercial or retail premises" there were substituted "premises other than dwellings".
| 7 | Use of turnstiles at public toilets |
Section 1 of the Public Lavatories (Turnstiles) Act 1963 (c. 32) (abolition of turnstiles) shall not apply in respect of a public lavatory or public sanitary convenience controlled or managed by a borough council.
| 8 | Charges for permitting the use of objects, etc. on the highway |
| (1) | In relation to a relevant permission, "the standard amount" in section 115F(2) of the 1980 Act (power to impose conditions on permissions for execution of works and use of objects, etc. on the highway) means such amount as may be sufficient in the aggregate taking one year with another to cover the reasonable costs of a council, not otherwise recovered, of— |
| (a) | the cleansing of streets in which permitted activities take place so far as that cleansing is attributable to permitted activities; and |
| (b) | any reasonable administrative or other costs incurred in connection with the administration of Part VIIA of the 1980 Act in relation to relevant permissions; and |
| (c) | the cost of enforcing— |
| (i) | the provisions of Part VIIA of the 1980 Act so far as it relates to permitted activities; or |
| (ii) | section 130 of the 1980 Act (protection of public rights) in relation to activities which are capable of being authorised by a relevant permission but are not; |
| (iii) | the law in relation to obstruction of the highway in relation to activities which are capable of being authorised by a relevant permission but are not. |
| (2) | Section 115F(3) of the 1980 Act shall not apply in the area of a borough council in relation to a relevant permission. |
"the 1980 Act" means the Highways Act 1980 (c. 66);
"permitted activities" means activities carried out under the authority of a relevant permission;
"relevant permission" means a permission granted by a borough council under section 115E(1)(b)(i) of the 1980 Act (permission to use objects, etc. on, in or over the highway resulting in the production of income).
| 9 | Display of food hygiene documents |
| (1) | This section applies in respect of any relevant establishment in the area of a borough council except a relevant establishment which is or forms part of a dwelling. |
| (2) | It is the duty of the food business operator who controls a relevant establishment to which this section applies to make sure that the food hygiene documents are displayed at that establishment in accordance with the requirements of this section. |
| (3) | Subject to subsection (10), the documents to be displayed shall be the most recent food hygiene documents provided by the borough council in respect of a relevant establishment. |
| (4) | In cases not falling within subsection (5), (6) or (7), the sticker shall be displayed— |
| (a) | at or near an entrance to the establishment for customers; and |
| (b) | in a place where the documents are capable of being read by customers before they enter the establishment when it is open for business. |
| (5) | If the establishment is one at which food is provided to customers but customers are not permitted or invited to enter the establishment, or the establishment is incapable of being entered by customers, the sticker shall be displayed at a place at the establishment where it is capable of being read by customers. |
| (6) | If the provision of food to customers is carried on at an establishment and the place at which the food is provided ("the outlet") forms a part of larger premises at which other activities are carried out, then the sticker shall, unless the council agrees otherwise, be displayed at the outlet or at the entrance to the outlet (if there is one): otherwise subsection (4) shall apply. |
| (7) | If the establishment is never open to customers, then the sticker shall be displayed at or near an entrance to the premises which is for the use of visitors to the premises. |
| (8) | In the case of an establishment which falls within subsection (4) or an outlet as mentioned in subsection (6) that in either case has an entrance for customers, the sticker shall be displayed— |
| (a) | on a window that forms part of the entrance; or |
| (b) | on an exterior window that is adjacent to the entrance; or |
| (c) | inside the establishment or outlet but capable of being read through such a window; or |
| (d) | if there is no such window, at some other place at or near the entrance. |
| (9) | If an establishment has more than one entrance for customers, the sticker shall be displayed at the entrance which is most frequently used by customers. |
| (10) | Subsection (3) does not apply in respect of a relevant establishment if— |
| (a) | it has not been subject to a relevant intervention since 1st January 2006; or |
| (b) | it has not been subject to a relevant intervention during the period of 6 years ending on the date in question. |
| (11) | The certificate shall be displayed in some place in the establishment where it is capable of being read by customers. |
| (12) | A person who fails to comply with the duty in subsection (2) commits an offence. |
| (13) | It is a defence for a person charged with an offence under subsection (12) to show— |
| (a) | that he did not know, and could not reasonably have been expected to know, that food hygiene documents complying with the requirements of this section were not being displayed in accordance with the requirements of this section; or |
| (b) | that on other grounds it was reasonable for him not to comply with the duty. |
| (14) | If a person charged with an offence under subsection (12) relies on a defence in subsection (13), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. |
| (15) | A person commits an offence if without lawful excuse he alters, defaces or removes from display a food hygiene document. |
| (16) | A person guilty of an offence under subsection (12) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. |
| (17) | A person guilty of an offence under subsection (15) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. |
| (18) | Schedule 2 to the London Local Authorities Act 2004 (c. i) is amended by the insertion, in the appropriate place, of the following entries into the table of offences in respect of which a fixed penalty notice can be given under section 15 (Fixed penalty offences) of that Act— |
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| "15 |
London Local Authorities Act 2010 |
9(12) |
Failure to comply with duty to display food hygiene documents |
| 16 |
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9 (15) |
Unlawful alteration, defacement or removal from display of food hygiene document". |
"food business operator" means a food business operator to whom Community Regulation 852/2004 applies;
"food hygiene documents" in respect of a relevant establishment, means a certificate and a sticker or similar device (in this section referred to respectively as a "certificate" and a "sticker") provided by the borough council setting out in such form as shall be prescribed in accordance with section 10 (form of food hygiene documentation)—
| (a) | a representation of the food hygiene standards at the establishment based upon a relevant intervention or relevant interventions; and |
| (b) | such other information as the council shall determine; |
"the Hygiene Regulations" means any regulations made by the Secretary of State or any Community regulations (so far as they relate to food or food hygiene) that in either case make provision for the inspection of relevant establishments by a borough council or by an individual on behalf of a borough council and include—
| (a) | the Food Hygiene (England) Regulations 2006 (S. I. 2006/14); and |
| (b) | Community Regulation 852/2004; |
"official control" means an official control for the purposes of Community Regulation 852/2004 and therefore includes an inspection, monitoring, surveillance, verification, an audit and sampling;
"relevant establishment" means any unit of a food business under the control of a food business operator that carries out any of the stages of production, processing and distribution of food;
"relevant intervention" means an intervention that is—
| (a) | an official control; or |
| (b) | any other kind of intervention as may be described by the Secretary of State or the Food Standards Agency in a code of practice issued under the Food Safety Act 1990 (c. 16) or the Hygiene Regulations. |
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