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Police Reform and Social Responsibility Bill, continued

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

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’.

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

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Police Reform and Social Responsibility Bill, continued

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

Dr Julian Huppert

Tom Brake

3

Schedule  16,  page  175,  line  22,  leave out ‘two’ and insert ‘four’.

Dr Julian Huppert

Tom Brake

4

Schedule  16,  page  175,  line  29,  at end add ‘sufficient to constitute a social

problem’.

Dr Julian Huppert

Tom Brake

5

Schedule  16,  page  175,  line  29,  at end insert—

‘(3A)

The third condition is that the Secretary of State shall have consulted with the

Advisory Council on the Misuse of Drugs as to its opinion on the merits of

making a temporary class drug order.’.

Dr Julian Huppert

Tom Brake

6

Schedule  16,  page  175,  line  29,  at end insert—

‘(3B)

The fourth condition is that the Secretary of State shall have requested the

Advisory Council on the Misuse of Drugs to begin investigating the merits of

making the substance or product a class A drug, a class B drug or a class C drug.’.

James Brokenshire

567

Schedule  16,  page  176,  line  6,  leave out ‘such’.

James Brokenshire

568

Schedule  16,  page  176,  line  7,  leave out ‘A temporary class drug order’ and insert

‘An order under this section’.

James Brokenshire

569

Schedule  16,  page  176,  line  8,  leave out ‘a temporary class drug order’ and insert

‘an order under this section’.

James Brokenshire

570

Schedule  16,  page  178,  line  3,  leave out ‘the reference in subsections (1) and’ and

insert ‘a reference in subsection (1) or’.

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Police Reform and Social Responsibility Bill, continued

James Brokenshire

571

Schedule  16,  page  178,  line  4,  leave out ‘(in the case of subsection (1)) section

10(2)(i)’ and insert ‘(i)’.

James Brokenshire

572

Schedule  16,  page  178,  line  9,  leave out ‘(in the case of subsection (1)) section

10(2)(i)’ and insert ‘(as the case may be) (i)’.

James Brokenshire

573

Schedule  16,  page  179,  line  19,  at end insert—

‘18A	In section 37(1) (interpretation), after the definition of “supplying” insert—

““temporary class drug order” means an order made under section

2A(1);”.’.

Dr Julian Huppert

Tom Brake

2

Clause  150,  page  100,  line  1,  leave out from ‘omit’ to end of line and insert

‘paragraph (a) and insert “(a) a number of persons comprising at least a third of the

membership with wide and recent experience of relevant areas of science or medicine.”’.

New Clauses

Police reform: minor and consequential amendments

Nick Herbert

NC9

To move the following Clause:—

‘Schedule (Police reform: minor and consequential amendments) (Police reform:

minor and consequential amendments) has effect.’.

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Police Reform and Social Responsibility Bill, continued

Code of practice on the operational independence of chief constables

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

NC2

To move the following Clause:—

‘(1)	The Secretary of State shall publish a Code of Practice on the Operational

Independence of Chief Constables detailing where their actions shall be

independent of the Police and Crime Commissioner.

(2)	Regulations to bring into force a Code of Practice under subsection (1) shall be

subject to agreement by affirmative resolution of both Houses of Parliament.’.

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.’.

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.’.

Public Bill Committee: 10 February 2011

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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

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581

Police Reform and Social Responsibility Bill, continued

(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—

“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.’.

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Police Reform and Social Responsibility Bill, continued

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”.’.

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.”’.

Alcohol monitoring requirement

Mr Matthew Offord

NC10

To move the following Clause:—

‘(1)	After section 212 of the Criminal Justice Act 2003, insert—

“212A

Alcohol monitoring requirement

(1)	In this Part ‘alcohol monitoring requirement’, in relation to a relevant

order, means a requirement that during a period specified in the order, the

offender must—

(a)	not consume alcohol,

(b)	for the purpose of ascertaining whether there is alcohol in the

offender’s body, provide samples of such description as may be

determined, at such times or in such circumstances as may

(subject to the provisions of the order) be determined by the

responsible officer or by the person specified as the person to

whom the samples are to be provided, and

© Parliamentary copyright	Revised 10 February 2011