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 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).