461

House of Commons

Notices of Amendments

given on

Thursday 3 February 2011

For other Amendment(s) see the following page(s):

Police Reform and Social Responsibility Bill Committee 421-459

Public Bill Committee

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Police Reform and Social Responsibility Bill

Independent assessment of the Misuse of Drugs Act 1971

Dr Julian Huppert

NC3

To move the following Clause:—

‘The Secretary of State shall commission an independent assessment of the

Misuse of Drugs Act 1971 every three years and report its findings to both Houses

of Parliament.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

580

Clause  134,  page  92,  line  34,  at end add—

‘(5)	Holders of relevant late night authorisations participating in the following

arrangements will pay a reduced levy of 50 per cent.—

(a)	Best Bar None,

(b)	business improvement districts,

(c)	Purple Flag,

(d)	Pubwatch, Clubwatch or Shopwatch,

(e)	community alcohol partnerships, and

(f)	any other arrangements as may be prescribed by the Secretary of State.’.

Notices of Amendments: 3 February 2011

462

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

581

Clause  134,  page  92,  line  17,  after ‘(b)’, insert ‘other’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

582

Clause  134,  page  92,  line  17,  after ‘authorisations’, insert ‘not included in section

134’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

583

Clause  134,  page  92,  line  25,  after ‘descriptions’, insert ‘not included in section

134’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

584

Clause  134,  page  92,  line  28,  after ‘prescribe’, insert ‘additional’.

Accountability of police

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

NC4

To move the following Clause:—

‘(1)	The local police force must provide a written report to the Local Authority at the

end of each levy year where a levy is applied to the local authority area.

(2)	The report to be submitted to the local authority within 12 weeks of the end of the

levy period.

(3)	The report must contain—

(a)	details of the amount received through the levy and the amount spent by

the police in providing policing in the areas covered by the late-night levy

during the hours that it applies, and

(b)	details of the impact of the levy on crime and disorder in the area covered

by the levy.’.

Notices of Amendments: 3 February 2011

463

Police Reform and Social Responsibility Bill, continued

Accountability of licensing authority

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

NC5

To move the following Clause:—

‘(1)	The licensing authority must provide a written report to the local authority at the

end of each levy year where a levy is applied to the local authority area.

(2)	The report to be submitted to the local authority within 12 weeks of the end of the

levy period.

(3)	The report must contain—

(a)	details of the amount received through the levy and the amount spent by

the licensing authority in providing services in the areas covered by the

late-night levy during the hours that it applies, and

(b)	details of the impact of the levy on crime and disorder in the area covered

by the levy.’.

Licensing

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

NC6

To move the following Clause:—

‘(1)	The Licensing Act 2003 is amended as set out in subsections (2) to (7).

(2)	In section 55(1) (regulations about fees for premises licence applications), for

paragraph (b) substitute—

“(b)	provide for the amount of the fee to be determined by the

relevant licensing authority.”.

(3)	In section 55(3) (regulations about annual fees for premises licence holders)—

(a)	leave out “include provision prescribing”,

(b)	for paragraph (a) substitute—

“(a)	provide for the amount of the fee to be determined by the

relevant licensing authority.”,

(c)	in paragraph (b), at beginning insert “may include provision

prescribing”.

(4)	After subsection (3) insert—

“(3A)

Where regulations made under this section provide for the amount of a

fee to be determined by the relevant licensing authority, the authority—

(a)	shall determine the amount of the fee,

(b)	may determine different amounts for different classes of case

specified in the Regulations,

(c)	shall publish the amount of the fee as determined from time to

time, and

(d)	shall aim to ensure that the income from fees of that kind as

nearly as possible equates to the cost of providing the service to

which the fee relates (including a reasonable share of

Notices of Amendments: 3 February 2011

464

Police Reform and Social Responsibility Bill, continued

expenditure which is referable only partly or only indirectly to

the provision of that service).

(3B)	For the purposes of subsection (3A)(d) a licensing authority shall

compare income and costs in such manner, at such times and by reference

to such periods as the authority, having regard to any guidance issued by

the Secretary of State, thinks appropriate.”.

(5)	After section 55(4) (recovery of fees relating to premises licences), insert—

“(5)	A licensing authority may waive, in whole or in part, and in respect of any

case or class of case, any fee prescribed by regulations under this

section.”.

(6)	After section 100(7) (temporary event notice procedure), insert—

“(7A)

A licensing authority may waive, in whole or in part, and in respect of any

case or class of case, a fee payable under this section.”.

(7)	After section 110 (theft, loss, etc of temporary event notice), insert—

“110A

Fees

(1)	Regulations which prescribe the fees referred to in section 100(7) and

110(3) may provide for the amount of the fee to be determined by the

relevant licensing authority.

(2)	Where regulations provide for the amount of a fee to be determined by

the relevant licensing authority as mentioned in subsection (1), the

authority—

(a)	shall determine the amount of the fee,

(b)	may determine different amounts for different classes of case

specified in the Regulations,

(c)	shall publish the amount of the fee as determined from time to

time, and

(d)	shall aim to ensure that the income from fees of that kind as

nearly as possible equates to the cost of providing the service to

which the fee relates (including a reasonable share of

expenditure which is referable only partly or only indirectly to

the provision of that service).

(3)	For the purposes of subsection (3) a licensing authority shall compare

income and costs in such manner, at such times and by reference to such

periods as the authority, having regard to any guidance issued by the

Secretary of State, thinks appropriate.”.

(8)	Regulation 4 of the Licensing Act 2003 (Fees) Regulations 2005 is revoked.’.

General duties of licensing authorities

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

NC7

To move the following Clause:—

‘(1)	The Licensing Act is amended as follows.

(2)	In section 4 (General duties of licensing authorities) insert—

“(e)	protecting and improving public health”.’.

Notices of Amendments: 3 February 2011

465

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

587

Clause  113,  page  73,  line  32,  at end insert—

‘(iii)

any standard conditions imposed under section 106B, and’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

588

Clause  113,  page  73,  line  32,  at end add—

‘(aa)

in the case where a premises licence or club premises certificate is in

force in respect of the premises used for the licensable activity, the

licensable activity is carried out in accordance with any conditions to

which the premises licence or club premises certificate is subject (except

where those conditions are inconsistent with the carrying out of the

licensable activities in question), and’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

589

Clause  113,  page  74,  line  22,  at end insert—

‘(3A)

After section 106(A) (inserted by subsection (3)) insert—

“106B

Standard conditions on temporary event notices

(1)	A licensing authority may, if the authority considers it appropriate for the

promotion of the licensing objectives to do so prescribe standard

conditions which, in accordance with subsections (2) to (5), may be

applied to any temporary event notice.

(2)	The relevant licensing authority may impose one or more of its standard

conditions on a standard temporary event notice if—

(a)	the authority considers it appropriate for the promotion of the

licensing objectives to do so, and

(b)	the conditions would not be inconsistent with the carrying out of

the licensable activities under the temporary event notice.

(3)	Where the authority decides to impose one or more standard conditions

under subsection (2)—

(a)	the authority must give the premises user notice of the decision,

(b)	the notice must be accompanied by a separate statement (the

“statement of standard conditions”) which sets out the standard

conditions that have been imposed on the temporary event

notice, and

(c)	a copy of the notice and statement of standard conditions must be

given to each relevant party.

(4)	The notice and statement of standard conditions under subsection (3)

must—

(a)	be in the prescribed form,

Notices of Amendments: 3 February 2011

466

Police Reform and Social Responsibility Bill, continued

(b)	be given to the premises user in the prescribed manner, and

(c)	be given no later than 24 hours before the beginning of the event

period specified in the temporary event notice.

(5)	Where the premises are situated in the area of more than one licensing

authority, the functions conferred on the relevant licensing authority by

subsection (2) must be exercised by those authorities jointly.”’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

590

Clause  113,  page  74,  line  26,  after ‘106A(3)’, insert ‘or statement of standard

conditions given under section 106B(3)’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

591

Clause  113,  page  74,  line  29,  after ‘106A(3)’, insert ‘or statement of standard

conditions given under section 106B(3)’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

592

Clause  113,  page  74,  line  44,  after ‘106A(3)’, insert ‘or statement of standard

conditions given under section 106B(3)’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

596

Clause  130,  page  89,  line  41,  leave out ‘70’ and insert ‘50’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

597

Clause  105,  page  66,  leave out lines 35 to 39 and insert—

‘(2)	In section 13 (authorised persons, interested parties and responsible authorities),

leave out sub-paragraphs (a) to (d) and insert—

(a)	a person who lives sufficiently close to the premises to be likely to be

affected by the authorised activities;

(b)	a person who has a business interest that might be affected by the

authorised activities;

(c)	anyone representing persons who satisfy (a) or (b).’.

Notices of Amendments: 3 February 2011

467

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

598

Clause  107,  page  68,  leave out lines 35 to 39 and insert—

‘(2)	In section 69 (authorised persons, interested parties and responsible authorities),

leave out sub-paragraphs (a) to (d) and insert—

(a)	a person who lives sufficiently close to the premises to be likely to be

affected by the authorised activities;

(b)	a person who has a business interest that might be affected by the

authorised activities;

(c)	anyone representing persons who satisfy (a) or (b).’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

599

Page  70,  line  8,  leave out Clause 109.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

600

Page  71,  line  4,  leave out Clause 110.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

601

Page  71,  line  18,  leave out Clause 111.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

602

Clause  118,  page  78,  line  18,  at end insert—

‘(3A)

A relevant officer may give a notice under this section (a “training order”)

applying to any premises if—

(a)	there is evidence that a person (“the offender”) has committed an offence

under section 147A of the Licensing Act 2003 in relation to those

premises;

(b)	the relevant officer considers that the evidence is such that, if the offender

were prosecuted for the offence, there would be a realistic prospect of his

being convicted; and

(c)	the offender is still, at the time when the notice is given, the holder of a

premises licence in respect of those premises, or one of the holders of

such a licence.

(3B)	A training order is a notice which—

© Parliamentary copyright	Revised 4 February 2011