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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.’.

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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—

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“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”.’.

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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;

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(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.

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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.

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(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.

© Parliamentary copyright	Revised 8 February 2011