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Police Reform and Social Responsibility Bill


Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 2 — Late night levy

91

 

   

the licensing authority must exercise its power under subsection (1)(c) so as to

secure that all the categories that apply in its area in respect of future levy

periods are permitted exemption categories or permitted reduction categories.

(5)   

Where—

(a)   

regulations under subsection (5) of section 130 amend subsection (4) of

5

that section, and

(b)   

by virtue of the regulations the proportion of the net amount of levy

payments to be paid to the relevant local policing body ceases to satisfy

section 130(4),

   

the licensing authority must exercise its power under subsection (1)(d) so as to

10

secure that the proportion of the net amount of levy payments to be paid to the

relevant local policing body in respect of future levy years satisfies that

provision.

(6)   

Any decision made under subsection (1) may take effect only—

(a)   

in the case of a decision under paragraph (a), at the end of a levy period,

15

(b)   

in the case of decision under paragraph (b), (c) or (d), in respect of

future levy periods.

(7)   

Regulations under section 133 apply in relation to any decision of a licensing

authority under this section.

133     

Introduction or variation of late night levy requirement: procedure

20

(1)   

Regulations must make provision as to the procedure to be followed by a

licensing authority in relation to any proposal for—

(a)   

a decision under section 124(2) that the late night levy requirement is to

apply in the area of the licensing authority (and any related decision

under section 131(1));

25

(b)   

a decision under section 132(1)(a) that the late night levy is to cease to

apply in the area of the licensing authority;

(c)   

a decision under section 132(1)(b), (c) or (d).

(2)   

Regulations under this section must, in particular—

(a)   

require the licensing authority, where it proposes to make any decision

30

mentioned in subsection (1), to consult the following about the

proposal—

(i)   

the relevant local policing body;

(ii)   

the relevant chief officer of police;

(iii)   

holders of relevant late night authorisations;

35

(iv)   

any other persons prescribed by the regulations;

(b)   

make provision requiring the licensing authority to publish notice of

any decision mentioned in subsection (1) (and of related decisions);

(c)   

in the case of a decision under section 124(2), make provision—

(i)   

enabling any relevant late night authorisation to be varied

40

under section 34, 41A, 84 or 86A of the Licensing Act 2003, on

the application of the holder, so as to cease to be a relevant late

night authorisation before the beginning of the first levy year,

and

(ii)   

for no fee to be payable in respect of any such application to the

45

extent that it relates to such a variation.

 
 

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 2 — Late night levy

92

 

(3)   

In the case of a proposal that the late night levy requirement should apply to

the area of a licensing authority, the consultation about the proposal required

under subsection (2)(a) must include consultation about the matters to be

decided under section 131(1).

(4)   

Regulations under this section may specify matters of which the licensing

5

authority must be satisfied before deciding under section 124(2) that the late

night levy requirement is to apply in its area.

(5)   

In subsection (2)(c), “relevant late night authorisation” includes a premises

licence or club premises certificate which would be a relevant late night

authorisation if the licensing authority were to make the decisions in

10

subsection (1)(a) in accordance with the proposal.

134     

Permitted exemption and reduction categories

(1)   

Regulations may prescribe—

(a)   

categories of holders of relevant late night authorisations in relation to

whom, if a licensing authority so decides, the requirement to pay the

15

late night levy is not to apply (“permitted exemption categories”);

(b)   

categories of holders of relevant late night authorisations in relation to

whom, if a licensing authority so decides, a reduced amount of the levy

is to apply (“permitted reduction categories”).

(2)   

References in subsection (1) to a decision of a licensing authority are to a

20

decision by the authority under section 131(1)(b) or (c) or 132(1)(c) that the

category in question is to apply in its area.

(3)   

Without prejudice to section 135(3), categories of holders may be prescribed for

this purpose by reference, in particular, to—

(a)   

participation in arrangements of particular descriptions;

25

(b)   

particular descriptions of premises in respect of which authorisations

are held.

(4)   

Regulations under subsection (1) which prescribe permitted reduction

categories must also prescribe, in relation to each such category—

(a)   

what the reduced amount of the levy is, or

30

(b)   

the manner in which the reduced amount of the levy is to be calculated,

   

and must provide for the reduced 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

late night levy in respect of an authorisation in that category for a levy year.

135     

Late night levy: regulations

35

(1)   

Any power to make regulations under this Chapter is exercisable by the

Secretary of State, but may be exercised only with consent of Treasury.

(2)   

Regulations may amend any provision made by or under an Act so far as

necessary or expedient in consequence of any provision made by or under this

Chapter.

40

(3)   

Any regulations under this Chapter may—

(a)   

make different provision for different cases;

(b)   

make provision subject to exceptions;

 
 

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 2 — Late night levy

93

 

(c)   

make supplemental, incidental, consequential and transitional

provision.

(4)   

Subsection (3) is subject to section 127(4) and 134(4).

136     

Interpretation

In this Chapter—

5

“club premises certificate” has the same meaning as in the Licensing Act

2003 (see section 60 of that Act);

“late night levy” means a levy payable under section 126(1);

“the late night levy requirement” has the meaning given by section 124;

“late night supply period”, has the meaning given by section 125;

10

“levy year”, in relation to a licensing authority, means a period of one

year, beginning with the date specified under section 131(1)(a) or an

anniversary of that date, for which the late night levy requirement

applies in the area of the authority;

“licensing authority” means an authority which is a licensing authority

15

within the meaning of the Licensing Act 2003 (see section 3 of that Act);

“net amount of levy payments” has the meaning given by section 128;

“payment year”, in relation to the holder of a relevant late night

authorisation, means a year to which any payment of the late night levy

by the holder in respect of the authorisation relates;

20

“permitted exemption category” and “permitted reduction category”

have the meanings given by section 134;

“premises licence” has the same meaning as in the Licensing Act 2003 (see

section 11 of that Act);

“relevant late night authorisation” has the meaning given by section 125;

25

“relevant chief officer of police”, in relation to a licensing authority, means

the chief officer of police for the police area which comprises or

includes the area of the licensing authority;

“relevant local policing body”, in relation to a licensing authority, means

the local policing body for the police area which comprises or includes

30

the area of the licensing authority;

“supply of alcohol” has the same meaning as in Part 3 of the Licensing Act

2003 (see section 14 of that Act).

137     

Crown application

(1)   

This Chapter binds the Crown and has effect in relation to any premises

35

licence, or club premises certificate, which relates to land in which there is—

(a)   

an interest belonging to Her Majesty in right of the Crown,

(b)   

an interest belonging to a government department, or

(c)   

an interest held in trust for Her Majesty for the purposes of such a

department.

40

(2)   

This Chapter also applies in relation to any premises licence, or club premises

certificate, which relates to—

(a)   

land which is vested in, but not occupied by, Her Majesty in right of the

Duchy of Lancaster, and

(b)   

land which is vested in, but not occupied by, the possessor for the time

45

being of the Duchy of Cornwall.

 
 

Police Reform and Social Responsibility Bill
Part 3 — Parliament Square Garden and surrounding area

94

 

(3)   

Provision made by or under this Chapter applies to persons in the public

service of the Crown as it applies to other persons.

(4)   

But nothing in this Chapter affects Her Majesty in Her private capacity.

138     

Amendments of the Licensing Act 2003

(1)   

The Licensing Act 2003 is amended as follows.

5

(2)   

In section 55 (fees: premises licences), after subsection (1) insert—

“(1A)   

Subsection (1) is subject to regulations under section 133(2)(c)(ii) of the

Police Reform and Social Responsibility Act 2011 (exemption from fees

for variation applications prior to introduction of late night levy).”

(3)   

In section 92 (fees: club premises certificates), after subsection (1) insert—

10

“(1A)   

Subsection (1) is subject to regulations under section 133(2)(c)(ii) of the

Police Reform and Social Responsibility Act 2011 (exemption from fees

for variation applications prior to introduction of late night levy).”

Part 3

Parliament Square Garden and surrounding area

15

Repeal of SOCPA 2005 provisions

139     

Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions

(1)   

Sections 132 to 138 of the Serious Organised Crime and Police Act 2005 (which

regulate demonstrations and use of loudspeakers in the vicinity of Parliament)

are repealed.

20

(2)   

The public assemblies in relation to which section 14 of the Public Order Act

1986 applies, as a consequence of the repeal of section 132(6) of the Serious

Organised Crime and Police Act 2005, include public assemblies which started,

or were being organised, before this section comes into force.

Controls on activities in Parliament Square Garden and adjoining pavements

25

140     

Controlled area of Parliament Square

(1)   

For the purposes of this Part, the “controlled area of Parliament Square” means

the area of land that is comprised in—

(a)   

the central garden of Parliament Square, and

(b)   

the footways that immediately adjoin the central garden of Parliament

30

Square.

(2)   

In subsection (1)—

“the central garden of Parliament Square” means the site in Parliament

Square on which the Minister of Works was authorised by the

Parliament Square (Improvements) Act 1949 to lay out the garden

35

referred to in that Act as “the new central garden”;

“footway” has the same meaning as in the Highways Act 1980 (see section

329(1) of that Act).

 
 

 
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