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
84

Miscellaneous
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).
(2)
In subsection (1)—
5
(a)
for “three” substitute “five”, and
(b)
in paragraph (b) omit “(a “licensing statement”)”.
(3)
Omit subsection (2).
(4)
In subsection (3), for “three” substitute “five”.
(5)
In subsection (4)—
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
period, by—
(a)
determining its policy with respect to the exercise of its
licensing functions in respect of a period of five years beginning
with that date, and
(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
subsection (1).
(6C)
A licensing statement must specify the five year period to which it
relates.”
25
(7)
After subsection (7) insert—
“(8)
In this section—
“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
of five years, or
(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
January 2011, and

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Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
85

(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
insert—
“(d)
section 6(6) (failing to co-operate with a preliminary
test).”.
(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
Review
123
Review of effect of amendments on licensing scheme
(1)
As soon as reasonably practicable after the end of the review period, the
Secretary of State must—
(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
representations),
30
(iv)
section 106 (premises licenses: who may apply for review),
(v)
section 107 (club premises certificates: who may make relevant
representations),
(vi)
section 108 (club premises certificates: who may apply for
review),
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
objection),
40
(xi)
section 113 (temporary event notices: conditions),

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 2 — Late night levy
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(xii)
section 117 (temporary event notices: time for objection by
police),
(xiii)
section 119 (early morning alcohol restriction orders),
(xiv)
section 120 (suspension of licence or certificate for failing to pay
annual fee),
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
with—
(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.
Chapter 2
15
Late night levy
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
apply in its area.
(3)
In making a decision under subsection (2) a licensing authority must
consider—
(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

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Part 2 — Licensing
Chapter 2 — Late night levy
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(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
year must be the same—
(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
certificates.
(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

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Chapter 2 — Late night levy
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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
for the levy year.
Administration of late night levy
10
128
Payment and administration of the levy
(1)
Regulations—
(a)
must make provision as to collection and administration, and
(b)
may make provision as to enforcement,

of the late night levy.
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
authorisations.
(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
years.
(4)
Regulations under subsection (1) may make provision for adjustments to be
made in cases where—
(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
of the authorisation;

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
this Chapter—
(a)
section 55A (suspension of premises licence for failure to pay annual
fee);
(b)
section 92A (suspension of club premises certificate for failure to pay
40
annual fee),

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.

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Chapter 2 — Late night levy
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(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
subsection (2)(a).
(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
period,
(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
policing body, and
(b)
must apply the remainder of that amount in accordance with
regulations.
(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.

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Chapter 2 — Late night levy
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(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
year—
(i)
the late night supply period;
15
(ii)
the permitted exemption categories (if any) that are to apply in
its area;
(iii)
the permitted reduction categories (if any) that are to apply in
its area;
(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).
(4)
Where—
(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,