Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
79

(a)
premises licences and club premises certificates granted by the
authority, and temporary event notices given to the authority,
do not have effect to the extent that they authorise the sale of
alcohol during the period specified in the order, and
(b)
club premises certificates granted by the authority do not have
5
effect to the extent that they authorise the supply of alcohol by
or on behalf of a club to, or to the order of, a member of the club
during the period specified in the order.
(3)
For the purposes of subsection (2)(a) and (b), the period that may be
specified in the order must—
10
(a)
begin no earlier than midnight, and
(b)
end no later than 6am.
(4)
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.
15
(5)
An order under this section may provide that it is to apply—
(a)
in relation to the same period of every day on which the order
is to apply, or in relation to different periods of different days,
(b)
every day or only on particular days (for example, particular
days of the week or year),
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(c)
in relation to the whole or part of a licensing authority’s area, or
(d)
for a limited or unlimited period.
(6)
An order under this section must specify—
(a)
the days on which it is to apply and the period of those days,
(b)
the area in relation to which it is to apply,
25
(c)
if it is to apply for a limited period, that period, and
(d)
the date from which it is to apply.
(7)
An order under this section must—
(a)
be in the prescribed form, and
(b)
have the prescribed content.
30
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, and
(b)
hold a hearing to consider any relevant representations, unless
35
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
40
on the promotion of the licensing objectives,
(b)
are made to the licensing authority by an affected person, a
responsible authority or any other person,
(c)
are made in the prescribed form and manner and within the
prescribed period,
45
(d)
have not been withdrawn, and

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
80

(e)
in the case of representations made by a person who is not a
responsible authority, are not, in the opinion of the licensing
authority, frivolous or vexatious.
(3)
In subsection (2)(b), “affected person” means—
(a)
the holder of the premises licence or club premises certificate in
5
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
10
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) and (e), “responsible authority” means—
(a)
the licensing authority and any other licensing authority in
15
whose area part of any affected premises is situated,
(b)
the chief officer of police for a police area any part of which is in
the area specified in the order,
(c)
the fire and rescue authority for an area any part of which is in
the area specified in the order,
20
(d)
the Primary Care Trust or Local Health Board for an area any
part of which is in the area specified in the order,
(e)
the local weights and measures authority for any such area,
(f)
the enforcing authority within the meaning given by section 18
of the Health and Safety at Work etc Act 1974 for any such area,
25
(g)
the local planning authority within the meaning given by the
Town and Country Planning Act 1990 for any such area,
(h)
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
30
to human health,
(i)
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
35
(ii)
is recognised by the licensing authority for the purposes
of this section as being competent to advise on such
matters,
(j)
where affected premises are a vessel—
(i)
a navigation authority (within the meaning given by
40
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,
45
(ii)
the Environment Agency,
(iii)
the British Waterways Board, and
(iv)
the Secretary of State, and
(k)
a prescribed person.

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
81

(5)
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.
(6)
In this section—
“affected premises”, in relation to a proposed order, means
5
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
10
(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,
(b)
a day not specified in that proposed order, or
15
(c)
a period other than the period specified in that proposed order
of any day so specified.
(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
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(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
25
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
30
reference to—
(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
35
order under section 172 provides otherwise.”.
(4)
Section 55 of the Crime and Security Act 2010 (power to restrict sale and supply
of alcohol) is repealed.
Suspension for failure to pay annual fees
120
Suspension of licence or certificate for failing to pay annual fee
40
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (5).

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
82

(2)
In section 26(2) (period of validity of premises licence), after “section 52” insert
“or 55A”.
(3)
After section 55 (annual fee for premises licence) insert—
“55A
Suspension of premises licence for failing to pay annual fee
(1)
A licensing authority must suspend a premises licence if the holder of
5
the licence has failed to pay the authority an annual fee that has become
due under section 55(2).
(2)
Subsection (1) does not apply if—
(a)
either—
(i)
the holder’s failure to pay the fee at the time it became
10
due was because of an administrative error (whether
made by the holder, the authority or anyone else), or
(ii)
before or at the time the fee became due, the holder
notified the authority in writing that the holder
disputed liability for, or the amount of, the fee, and
15
(b)
the grace period for payment of the fee has not expired (see
subsection (8)).
(3)
If a licensing authority suspends a premises licence under subsection
(1), the authority must give the holder of the licence a notice to that
effect, specifying the day the suspension takes effect.
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(4)
A day specified in a notice under subsection (3) must be at least two
working days after the day the authority gives the notice.
(5)
If the holder of the licence pays the annual fee, the licensing authority
must give the holder written acknowledgement of receipt of the fee.
(6)
The acknowledgement of receipt under subsection (5) must—
25
(a)
specify the day the authority received the fee (the “receipt
day”), and
(b)
be given to the holder as soon as is reasonably practicable but in
any event—
(i)
if the receipt day was a working day, before the end of
30
the first working day after the receipt day,
(ii)
otherwise, before the end of the second working day
after the receipt day.
(7)
A suspension of a premises licence under subsection (1)—
(a)
takes effect on the day specified in the notice under subsection
35
(3), and
(b)
ceases to have effect on the receipt day, as specified in the
acknowledgement of receipt under subsection (5).
(8)
In this section, the “grace period” for payment of a fee is the period of
21 days, beginning on the day after the day the fee became due.”.
40
(4)
In section 80(2) (period of validity of club premises certificate), after “section
88” insert “or 92A”.

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
83

(5)
After section 92 (annual fee for club premises certificate) insert—
“92A
Suspension of club premises certificate for failing to pay annual fee
(1)
A licensing authority must suspend a club premises certificate if the
holder of the certificate has failed to pay the authority an annual fee
that has become due under section 92(2).
5
(2)
Subsection (1) does not apply if—
(a)
either—
(i)
the holder’s failure to pay the fee at the time it became
due was because of an administrative error (whether
made by the holder, the authority or anyone else), or
10
(ii)
before or at the time the fee became due, the holder
notified the authority in writing that the holder
disputed liability for, or the amount of, the fee, and
(b)
the grace period for payment of the fee has not expired (see
subsection (8)).
15
(3)
If a licensing authority suspends a club premises certificate under
subsection (1), the authority must give the holder of the certificate a
notice to that effect, specifying the day the suspension takes effect.
(4)
A day specified in a notice under subsection (3) must be at least 2
working days after the day the authority gives the notice.
20
(5)
If the holder of the certificate pays the annual fee, the licensing
authority must give the holder written acknowledgement of receipt of
the fee.
(6)
The acknowledgement of receipt under subsection (5) must—
(a)
specify the day the authority received the fee (the “receipt
25
day”), and
(b)
be given to the holder as soon as is reasonably practicable but in
any event—
(i)
if the receipt day was a working day, before the end of
the first working day after the receipt day,
30
(ii)
otherwise, before the end of the second working day
after the receipt day.
(7)
A suspension of a club premises certificate under subsection (1)—
(a)
takes effect on the day specified in the notice under subsection
(3), and
35
(b)
ceases to have effect on the receipt day, as specified in the
acknowledgement of receipt under subsection (5).
(8)
In this section, the “grace period” for payment of a fee is the period of
21 days, beginning on the day after the day the fee became due.”.
(6)
The amendments made by this section apply in relation to premises licences
40
and club premises certificates in relation to which annual fees become due on
or after the commencement of this section.