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Public Bill Committee: 8 February 2011                  

513

 

Police Reform and Social Responsibility Bill, continued

 
 

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.’.

 


 

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.’.

 



 
 

Public Bill Committee: 8 February 2011                  

514

 

Police Reform and Social Responsibility Bill, continued

 
 

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

 

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—


 
 

Public Bill Committee: 8 February 2011                  

515

 

Police Reform and Social Responsibility Bill, continued

 
 

“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”.’.

 



 
 

Public Bill Committee: 8 February 2011                  

516

 

Police Reform and Social Responsibility Bill, continued

 
 

Crime and Security Act 2010 (Amendment)

 

Vernon Coaker

 

Diana Johnson

 

Clive Efford

 

Mark Tami

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Crime and Security Act 2010 is amended as follows.

 

(2)    

In section 172B(3) after paragraph (a) insert new paragraph—

 

“(b)    

the holder of a personal licence in respect of affected

 

premises.”’.

 

 

Order of the House [13 DECEMber 2010]

 

That the following provisions shall apply to the Police Reform and Social

 

Responsibility Bill—

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 17 February 2011.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [18 january 2011]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

18 January) meet—

 

(a)  

at 4.00 pm on Tuesday 18 January;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 20 January;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 25 January;


 
 

Public Bill Committee: 8 February 2011                  

517

 

Police Reform and Social Responsibility Bill, continued

 
 

(d)  

at 9.00 am and 1.00 pm on Thursday 27 January;

 

(e)  

at 10.30 am and 4.00 pm on Tuesday 1 February;

 

(f)  

at 9.00 am and 1.00 pm on Thursday 3 February;

 

(g)  

at 10.30 am and 4.00 pm on Tuesday 8 February;

 

(h)  

at 9.00 am and 1.00 pm on Thursday 10 February;

 

(i)  

at 10.30 am and 4.00 pm on Tuesday 15 February;

 

(j)  

at 9.00 am and 1.00 pm on Thursday 17 February;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table—

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 18

Until no later than

The Association of Police Authorities; Louise

 
 

January

1 pm

Casey, Victims’ Commissioner; the

 
   

Association of Chief Police Officers; Police

 
   

Federation of England and Wales

 
 

Tuesday 18

Until no later than

Ian Loader, Professor of Criminology and

 
 

January

6 pm

Director of Criminology at All Souls College,

 
   

University of Oxford; Chief Constable of

 
   

West Midlands Police; Rick Muir, Institute

 
   

for Public Policy Research

 
 

Thursday 20

Until no later than

The Local Government Association; the Chair

 
 

January

10.25 am

of the Advisory Council on the Misuse of

 
   

Drugs; the Wine and Spirit Trade Association;

 
   

the British Beer and Pub Association

 
 

Thursday 20

Until no later than

The Metropolitan Police Service; Liberty

 
 

January

2.30 pm

  
 

Thursday 20

Until no later than

Keir Starmer QC, Director of Public

 
 

January

3.15 pm

Prosecutions.

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clause 1; Schedule 1; Clause 2; Schedule 2; Clause 3;

 

Schedule 3; Clause 4; Schedule 4; Clauses 5 to 26; Schedule 5; Clauses 27

 

and 28; Schedule 6; Clauses 29 to 31; Schedule 7; Clauses 32 to 38; Schedule

 

8; Clauses 39 to 57; Schedule 9; Clauses 58 to 76; Schedule 10; Clauses 77

 

to 89; Schedule 11; Clause 90; Schedule 12; Clause 91; Schedule 13; Clauses

 

92 to 98; Schedule 14; Clause 99; Schedule 15; Clauses 100 to 149; Schedule

 

16; Clauses 150 to 156;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 3.00 pm on Thursday 17 February 2011.

 


 
 

Public Bill Committee: 8 February 2011                  

518

 

Police Reform and Social Responsibility Bill, continued

 
 

NOTICES WITHDRAWN

 

The following Notices have been withdrawn:

 

Mike Crockart

 

Dr Julian Huppert

 

32

 

Clause  57,  page  35,  line  36,  leave out from second ‘the’ to end of line 39 and insert

 

‘alternative vote system.’.

 

Mike Crockart

 

Dr Julian Huppert

 

33

 

Clause  57,  page  35,  line  40,  leave out subsection (5) and insert—

 

‘(5)    

Schedule [Alternative Vote System] has effect.’.

 

Mike Crockart

 

Dr Julian Huppert

 

NS2

 

To move the following Schedule:—

 

‘Alternative Vote System

 

19         

This Schedule applies to an election under Chapter 6 of Part 1 of a police and

 

crime commissioner for a police area at which there are three or more

 

candidates.

 

How votes are to be given

 

20  (1)  

A voter votes by marking the ballot paper with—

 

(a)    

the number 1 opposite the name of the candidate who is the voter’s

 

first preference (or, as the case may be, the only candidate for whom

 

the voter wishes to vote),

 

(b)    

if the voter wishes, the number 2 opposite the name of the candidate

 

who is the voter’s second preference, and so on.

 

      (2)  

The voter may mark as many preferences (up to the number of candidates) as

 

the voter wishes.

 

How votes are to be counted

 

21  (1)  

This rule sets out how votes are to be counted, in one or more stages of

 

counting, in order to give effect to the preferences marked by voters on their

 

ballot papers and so to determine which candidate is elected.

 

      (2)  

Votes shall be allocated to candidates in accordance with voters’ first

 

preferences and, if one candidate has more votes than the other candidates put

 

together, that candidate is elected.

 

      (3)  

If not, the candidate with the fewest votes is eliminated and that candidate’s

 

votes shall be dealt with as follows—

 

(a)    

each vote cast by a voter who also ranked one or more of the remaining

 

candidates shall be reallocated to that remaining candidate or (as the

 

case may be) to the one that the voter ranked highest;

 

(b)    

any votes not reallocated shall play no further part in the counting.

 

      (4)  

If, after that stage of counting, one candidate has more votes than the other

 

remaining candidates put together, that candidate is elected.


 
 

Public Bill Committee: 8 February 2011                  

519

 

Police Reform and Social Responsibility Bill, continued

 
 

      (5)  

If not, the process mentioned in paragraph (3) above shall be repeated as many

 

times as necessary until one candidate has more votes than the other remaining

 

candidates put together, and so is elected.

 

Information to be given by returning officer after each stage of counting

 

22  (1)  

If no candidate is elected (as mentioned in rule 2(2)) at the first stage of

 

counting, the returning officer shall, immediately after that stage, record and

 

make publicly available the following information—

 

(a)    

the number of first-preference votes obtained by each candidate;

 

(b)    

which candidate was eliminated;

 

(c)    

the number of rejected ballot papers.

 

      (2)  

Immediately after each subsequent stage of counting, except the final stage (on

 

completion of which the requirements in rule 2(5) apply), the returning officer

 

shall record and make publicly available the following information—

 

(a)    

the number of votes obtained by each candidate at that stage (including

 

any reallocated in accordance with rule 1);

 

(b)    

which candidate was eliminated at that stage;

 

(c)    

the number of votes of the candidate eliminated at the previous stage

 

that were not reallocated.’.

 

Member’s explanatory statement

 

This Schedule sets out the proposed change to the voting system for the election of a

 

Commissioner.

 


 
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