|
| |
|
| |
121 | Licensing policy statements |
| |
(1) | Section 5 of the Licensing Act 2003 (statement of licensing policy) is amended |
| |
as set out in subsections (2) to (7). |
| |
| 5 |
(a) | for “three” substitute “five”, and |
| |
(b) | in paragraph (b) omit “(a “licensing statement”)”. |
| |
| |
(4) | In subsection (3), for “three” substitute “five”. |
| |
| 10 |
(a) | for “three” substitute “five”, and |
| |
(b) | after “policy” insert “in respect of that period”. |
| |
(6) | After subsection (6) insert— |
| |
“(6A) | Without prejudice to subsection (4), a licensing authority may replace |
| |
its policy in respect of a period, with effect from any date during that |
| 15 |
| |
(a) | determining its policy with respect to the exercise of its |
| |
licensing functions in respect of a period of five years beginning |
| |
| |
(b) | publishing a statement of that policy before that date. |
| 20 |
(6B) | Subsection (3) applies in relation to any determination under |
| |
subsection (6A) as it applies in relation to a determination under |
| |
| |
(6C) | A licensing statement must specify the five year period to which it |
| |
| 25 |
(7) | After subsection (7) insert— |
| |
| |
“five year period”, in relation to a licensing authority, means— |
| |
(a) | if paragraph (b) does not apply, the period of five years |
| |
ending with 6 January 2016, and each subsequent period |
| 30 |
| |
(b) | if a licensing authority has published a licensing |
| |
statement under subsection (6A), the period of five years |
| |
to which the most recently published such statement |
| |
relates, and each subsequent period of five years; |
| 35 |
“licensing statement” means a statement published under |
| |
subsection (1)(b) or (6A)(b).” |
| |
(8) | Any policy determined, and any licensing policy statement published, under |
| |
section 5(1) of the Licensing Act 2003 in respect of the period of three years |
| |
beginning with 7 January 2011 is, on and after the commencement of this |
| 40 |
subsection, to be treated for all purposes as if— |
| |
(a) | it had been determined and published under that section (as amended |
| |
by this section) in respect of the period of five years beginning with 7 |
| |
| |
|
| |
|
| |
|
(b) | it specified the five year period to which it relates. |
| |
122 | Personal licences: relevant offences |
| |
(1) | Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is |
| |
amended as set out in subsections (2) to (4). |
| |
(2) | In paragraph 14 (offences under the Road Traffic Act 1988), after paragraph (c) |
| 5 |
| |
“(d) | section 6(6) (failing to co-operate with a preliminary |
| |
| |
(3) | The second paragraph 22 is renumbered as paragraph 22A. |
| |
(4) | After paragraph 23 insert— |
| 10 |
“24 | An offence under section 1 of the Criminal Attempts Act 1981 of |
| |
attempting to commit an offence that is a relevant offence. |
| |
25 | An offence under section 1 of the Criminal Law Act 1977 of |
| |
conspiracy to commit an offence that is a relevant offence. |
| |
26 | The offence at common law of conspiracy to defraud.”. |
| 15 |
(5) | The amendments made by this section apply on and after the commencement |
| |
of this section in relation to— |
| |
(a) | personal licences that are granted or renewed before, on or after the |
| |
commencement of this section, and |
| |
(b) | offences committed before, on or after that commencement. |
| 20 |
| |
123 | Review of effect of amendments on licensing scheme |
| |
(1) | As soon as reasonably practicable after the end of the review period, the |
| |
| |
(a) | carry out a review of the following provisions of this Chapter— |
| 25 |
(i) | section 103 (licensing authorities as responsible authorities), |
| |
(ii) | section 104 (Primary Care Trusts and Local Health Boards as |
| |
responsible authorities), |
| |
(iii) | section 105 (premises licences: who may make relevant |
| |
| 30 |
(iv) | section 106 (premises licenses: who may apply for review), |
| |
(v) | section 107 (club premises certificates: who may make relevant |
| |
| |
(vi) | section 108 (club premises certificates: who may apply for |
| |
| 35 |
(vii) | section 109 (reducing the burden: premises licences), |
| |
(viii) | section 110 (reducing the burden: club premises certificates), |
| |
(ix) | section 111 (reducing the burden: other situations), |
| |
(x) | section 112 (temporary event notices: who may make an |
| |
| 40 |
(xi) | section 113 (temporary event notices: conditions), |
| |
|
| |
|
| |
|
(xii) | section 117 (temporary event notices: time for objection by |
| |
| |
(xiii) | section 119 (early morning alcohol restriction orders), |
| |
(xiv) | section 120 (suspension of licence or certificate for failing to pay |
| |
| 5 |
(xv) | section 122 (personal licences: relevant offences), and |
| |
(b) | set out the conclusions of the review in a report. |
| |
(2) | In particular, the review must assess the effect of the amendments made by |
| |
those sections on the scheme established by the Licensing Act 2003. |
| |
(3) | The Secretary of State must lay a copy of the report before Parliament. |
| 10 |
(4) | In this section, “review period” means the period of five years beginning |
| |
| |
(a) | if all of those sections commence on the same day, that day, and |
| |
(b) | otherwise, the first day on which all of those sections have commenced. |
| |
| 15 |
| |
Application of late night levy requirement in licensing authority’s area |
| |
124 | Late night levy requirement |
| |
(1) | In this Chapter, “the late night levy requirement” means a requirement to pay |
| |
the late night levy in accordance with this Chapter. |
| 20 |
(2) | A licensing authority may decide that the late night levy requirement is to |
| |
| |
(3) | In making a decision under subsection (2) a licensing authority must |
| |
| |
(a) | the costs of policing and other arrangements for the reduction or |
| 25 |
prevention of crime and disorder, in connection with the supply of |
| |
alcohol between midnight and 6 am, and |
| |
(b) | having regard to those costs, the desirability of raising revenue to be |
| |
applied in accordance with section 130. |
| |
(4) | A licensing authority may not decide that the late night levy requirement is to |
| 30 |
apply in part only of its area. |
| |
(5) | This section is subject to section 131. |
| |
Liability to pay late night levy |
| |
125 | “Relevant late night authorisation” and related definitions |
| |
(1) | This section applies for the purposes of this Chapter. |
| 35 |
(2) | “Relevant late night authorisation”, in relation to a licensing authority and a |
| |
levy year, means a premises licence or club premises certificate which— |
| |
(a) | is granted by the authority, and |
| |
|
| |
|
| |
|
(b) | authorises the supply of alcohol at a time or times during the late night |
| |
supply period on one or more days in the related payment year. |
| |
(3) | The “late night supply period” in relation to a licensing authority means the |
| |
period of the day decided by the authority under section 131 or 132. |
| |
(4) | A late night supply period must— |
| 5 |
(a) | begin at or after midnight, and |
| |
(b) | end at or before 6 am. |
| |
(5) | The late night supply period determined by a licensing authority for a levy |
| |
| |
(a) | for each payment year beginning during the levy year, and |
| 10 |
(b) | throughout each such payment year. |
| |
(6) | Regulations must make provision as to how payment years are to be |
| |
determined in relation to holders of premises licences or club premises |
| |
| |
(7) | Regulations under subsection (6) may, in particular— |
| 15 |
(a) | provide for a holder’s payment year to be determined by reference to |
| |
the period in respect of which the holder is liable to pay an annual fee |
| |
under section 55(2) or 92(2) of the Licensing Act 2003, or |
| |
(b) | confer functions or a discretion on licensing authorities in relation to |
| |
authorisations granted by them. |
| 20 |
(8) | Regulations under subsection (6) which provide for licensing authorities to |
| |
determine payment years must require an authority to decide how the |
| |
payment years are to be determined at the time the authority decides under |
| |
section 124(2) that the late night levy requirement is to apply in its area. |
| |
(9) | For the purposes of this section, a payment year is related to a levy year if it |
| 25 |
begins at the same time as, or during, the levy year. |
| |
126 | Liability to pay late night levy |
| |
(1) | Where the late night levy requirement applies in the area of a licensing |
| |
authority, the holder of a relevant late night authorisation must pay a levy (“the |
| |
late night levy”) to the authority in respect of that authorisation for each levy |
| 30 |
year, in accordance with this Chapter. |
| |
(2) | But a holder of a relevant late night authorisation who falls within an |
| |
applicable exemption category is not liable to pay the late night levy in respect |
| |
of that authorisation for the levy year. |
| |
(3) | For this purpose, “applicable exemption category”, in relation to a levy year, |
| 35 |
means a permitted exemption category that the licensing authority has decided |
| |
under section 131 or 132 is to apply in its area for the levy year. |
| |
127 | Amount of late night levy |
| |
(1) | For any levy year, the amount of the levy is— |
| |
(a) | the amount prescribed by regulations, or |
| 40 |
(b) | the amount calculated in accordance with regulations. |
| |
(2) | But in the case of the holder of a relevant late night authorisation who falls |
| |
within an applicable reduction category, the amount of the late night levy |
| |
|
| |
|
| |
|
payable in respect of the authorisation is the reduced amount that applies in |
| |
relation to that category (see section 134(4)). |
| |
(3) | For this purpose “applicable reduction category”, in relation to a levy year, |
| |
means a permitted reduction category that the licensing authority has decided |
| |
under section 131 or 132 is to apply in its area for the levy year. |
| 5 |
(4) | Subject to subsection (2), regulations under subsection (1) must provide for the |
| |
amount of the late night levy, or the manner in which it is to be calculated, to |
| |
be the same for all persons liable to pay the levy in respect of an authorisation |
| |
| |
Administration of late night levy |
| 10 |
128 | Payment and administration of the levy |
| |
| |
(a) | must make provision as to collection and administration, and |
| |
(b) | may make provision as to enforcement, |
| |
| 15 |
(2) | Regulations under subsection (1) must make provision as to the time or times |
| |
for payment of the levy to a licensing authority by holders of relevant late night |
| |
| |
(3) | Provision made by virtue of subsection (2) may in particular provide for any |
| |
such time or times to be determined by reference to the holders’ payment |
| 20 |
| |
(4) | Regulations under subsection (1) may make provision for adjustments to be |
| |
| |
(a) | a relevant late night authorisation ceases to be such an authorisation |
| |
during the holder’s payment year; |
| 25 |
(b) | a premises licence or club premises certificate becomes a relevant late |
| |
night authorisation during the holder’s payment year; |
| |
(c) | an order under section 172A of that Act (early morning restriction |
| |
orders) precludes the supply of alcohol by virtue of the relevant late |
| |
night authorisation at all the times during the applicable late night |
| 30 |
supply period when it would otherwise have been permitted by virtue |
| |
| |
| including in cases where the change occurs after the end of the levy year. |
| |
(5) | Any payment of the late night levy which is owed to a licensing authority |
| |
under this Chapter may be recovered as a debt due to the authority. |
| 35 |
(6) | The following provisions of the Licensing Act 2003 apply for the purposes of |
| |
| |
(a) | section 55A (suspension of premises licence for failure to pay annual |
| |
| |
(b) | section 92A (suspension of club premises certificate for failure to pay |
| 40 |
| |
| but as if a reference to an annual fee, or to the annual fee owed under section |
| |
55(2) or 92(2), were a reference to the late night levy, or to the amount of the |
| |
late night levy owed under this Chapter. |
| |
|
| |
|
| |
|
(7) | Provision that may be made by regulations under this section includes |
| |
provision conferring functions or a discretion on licensing authorities. |
| |
129 | Net amount of levy payments |
| |
(1) | In this Chapter “the net amount of levy payments” of a licensing authority in |
| |
respect of any period means the amount, calculated in accordance with |
| 5 |
regulations, which represents— |
| |
(a) | the aggregate amount of payments to the authority in respect of the |
| |
levy that are attributable to that period, less |
| |
(b) | the aggregate amount of expenses of the authority attributable to that |
| |
period that are permitted deductions under regulations under |
| 10 |
| |
(2) | Regulations under subsection (1)— |
| |
(a) | must prescribe descriptions of expenses which, if incurred by the |
| |
licensing authority in connection with the collection, administration or |
| |
enforcement of the late night levy for any period, may be deducted for |
| 15 |
the purposes of calculating the net amount of levy payments for the |
| |
| |
(b) | may make provision for determining the amounts to be taken into |
| |
account in calculating the net amount of levy payments, |
| |
(c) | may make provision for determining the period to which a payment or |
| 20 |
deduction is attributable. |
| |
(3) | A licensing authority must publish the following, in respect of each levy year— |
| |
(a) | before the beginning of the year, a statement of its estimate of the |
| |
amount of deductions permitted under regulations under subsection |
| |
(2)(a) to be made in respect of the year; |
| 25 |
(b) | after the end of the year, a statement of the net amount of levy |
| |
payments for the year, showing in particular the amounts mentioned in |
| |
paragraphs (a) and (b) of subsection (1) attributable to the year. |
| |
(4) | It is for the licensing authority to determine the manner in which any statement |
| |
under subsection (3) is to be published. |
| 30 |
Application of levy payments |
| |
130 | Application of net amount of levy payments |
| |
(1) | The net amount of levy payments for any levy year must be applied as follows. |
| |
(2) | The licensing authority— |
| |
(a) | must pay the specified proportion of that amount to the relevant local |
| 35 |
| |
(b) | must apply the remainder of that amount in accordance with |
| |
| |
(3) | In subsection (2)(a), “specified proportion” means the proportion determined |
| |
for the levy year under section 131(1)(b) or 132(1)(d). |
| 40 |
(4) | The specified proportion must be not less than 70 per cent. |
| |
(5) | Regulations may amend subsection (4) by specifying a different proportion in |
| |
place of the proportion for the time being specified in that subsection. |
| |
|
| |
|
| |
|
(6) | Regulations may make provision— |
| |
(a) | as to the time or times at which payments are to be made by the |
| |
licensing authority under subsection (2); |
| |
(b) | for adjustments of payments in cases where payments or repayments |
| |
are made in respect of the levy after the end of the levy year. |
| 5 |
(7) | Regulations under this section may make provision conferring a function or a |
| |
discretion on a licensing authority. |
| |
Late night levy requirement: further provision |
| |
131 | Introduction of late night levy requirement |
| |
(1) | Where a licensing authority decides under section 124 that the late night levy |
| 10 |
requirement is to apply in its area, it must also decide— |
| |
(a) | the date on which the late night levy requirement is first to apply, and |
| |
(b) | for the first levy year and, subject to section 132, each subsequent levy |
| |
| |
(i) | the late night supply period; |
| 15 |
(ii) | the permitted exemption categories (if any) that are to apply in |
| |
| |
(iii) | the permitted reduction categories (if any) that are to apply in |
| |
| |
(iv) | the proportion of the net amount of levy payments that is to be |
| 20 |
paid to the relevant local policing body under section 130. |
| |
(2) | Subsection (1)(b)(i) is subject to section 125(4) and (5). |
| |
(3) | Subsection (1)(b)(iv) is subject to section 130(4). |
| |
(4) | Regulations under section 133 apply in relation to any decision of a licensing |
| |
authority under section 124 or this section. |
| 25 |
132 | Amendment of late night levy requirement |
| |
(1) | Where the late night levy requirement applies in the area of a licensing |
| |
authority under section 124, the authority may decide— |
| |
(a) | that the requirement is to cease to apply in the area; |
| |
(b) | that a different late night supply period is to apply; |
| 30 |
(c) | that different permitted exemption categories or permitted reduction |
| |
categories are to apply in the area; |
| |
(d) | that a different proportion of the net amount of levy payments is to be |
| |
paid to the relevant local policing body. |
| |
(2) | Subsection (1)(b) is subject to section 125(4) and (5). |
| 35 |
(3) | Subsection (1)(d) is subject to section 130(4). |
| |
| |
(a) | regulations under section 134 alter the permitted exemption categories |
| |
or permitted reduction categories, and |
| |
(b) | by virtue of the regulations any category that applies in the area of a |
| 40 |
licensing authority by virtue of section 131(1)(b) or (iii) ceases to be a |
| |
permitted exemption category or permitted reduction category, |
| |
|
| |
|