|
| |
|
| 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. |
| |
| |
(a) | regulations under subsection (5) of section 130 amend subsection (4) of |
| 5 |
| |
(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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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, |
| |
| |
(ii) | for no fee to be payable in respect of any such application to the |
| 45 |
extent that it relates to such a variation. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 40 |
(3) | Any regulations under this Chapter may— |
| |
(a) | make different provision for different cases; |
| |
(b) | make provision subject to exceptions; |
| |
|
| |
|
| |
|
(c) | make supplemental, incidental, consequential and transitional |
| |
| |
(4) | Subsection (3) is subject to section 127(4) and 134(4). |
| |
| |
| 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 |
| |
| |
“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). |
| |
| |
(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 |
| |
| 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 |
| |
| |
(b) | land which is vested in, but not occupied by, the possessor for the time |
| 45 |
being of the Duchy of Cornwall. |
| |
|
| |
|
| |
|
(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).” |
| |
| |
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) |
| |
| 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 |
| |
| |
“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 |
| |
| |
|
| |
|