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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),

20

(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

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(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

20

(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.

20

(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.

 
 

 
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