Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee: 15 February 2011

658

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

Public Bill Committee: 15 February 2011

659

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.’.

Public Bill Committee: 15 February 2011

660

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

Public Bill Committee: 15 February 2011

661

Police Reform and Social Responsibility Bill, continued

(c)	pay such amount of no less than £1 and no more than £5 in

respect of the costs of taking and analysing the sample as may be

specified in the order.

(2)	A court may not impose an alcohol monitoring requirement unless—

(a)	it is satisfied that—

(i)	the offender has a propensity to misuse alcohol and the

offender expresses willingness to comply with the

alcohol monitoring requirement, or

(ii)	the misuse by the offender of alcohol caused or

contributed to the offence in question, and

(b)	the court has been notified by the Secretary of State that

arrangements for implementing the requirement are available in

the area proposed to be specified in the order under section 216

(local justice area to be specified in relevant order).

(3)	A relevant order imposing an alcohol monitoring requirement must

provide that the results of any tests carried out on any samples provided

by the offender to the monitoring officer in pursuance of the requirement

are to be communicated to the responsible officer.

(4)	The Secretary of State may from time to time give guidance about the

exercise of the function of making determinations as to the provision of

samples pursuant to subsection (1)(b).

(5)	The Secretary of State may make rules for all or any of the following

purposes:

(a)	regulating the provision of samples pursuant to an alcohol

monitoring requirement, including hours of attendance, interval

between samples and the keeping of attendance records;

(b)	regulating the provision and carrying on of a facility for the

testing of samples;

(c)	determining the maximum and minimum fee that may be

specified under subsection (1)(c), and the frequency of such

payments;

(d)	regulating the functions of the monitoring officer; and

(e)	making such supplemental, incidental, consequential and

transitional provision as the Secretary of State considers

necessary or expedient.

(6)	In this section, ‘monitoring officer’ means any person, other than the

responsible officer, specified in an alcohol monitoring requirement as the

person to whom samples must be provided.”.

(2)	Schedule (Alcohol monitoring requirement) makes further amendments to the

Criminal Justice Act 2003.’.

Public Bill Committee: 15 February 2011

662

Police Reform and Social Responsibility Bill, continued

Youth rehabilitation orders: alcohol monitoring requirement

Mr Matthew Offord

NC11

To move the following Clause:—

‘(1)	In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph

24 insert—

“24A	Alcohol monitoring requirement

(1)	In this Part “alcohol monitoring requirement”, in relation to a youth

rehabilitation 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

(c)	pay such amount in respect of the costs of taking and analysing

the sample as may be specified in the order.

(2)	A court may not impose an alcohol monitoring requirement unless—

(a)	it is satisfied that—

(i)	the offender has a propensity to misuse alcohol and

expresses willingness to comply with the alcohol

monitoring requirement, or

(ii)	the misuse by the offender of alcohol caused or

contributed to the offence in question, and

(b)	the court has been notified by the Secretary of State that

arrangements for implementing the requirement are available in

the local justice area proposed to be specified in the order.

(3)	A youth rehabilitation order imposing an alcohol monitoring requirement

must provide that the results of any tests carried out on any samples

provided by the offender to the monitoring officer in pursuance of the

requirement are to be communicated to the responsible officer.

(4)	Where the offender has not attained the age of 17, the order must provide

for the sample to be provided in the presence of an appropriate adult.

(5)	The Secretary of State may from time to time give guidance about the

exercise of the function of making determinations as to the provision of

samples pursuant to sub-paragraph (1)(b).

(6)	The Secretary of State makes rules for all or any of the following

purposes:

(a)	regulating the provision of samples pursuant to an alcohol

monitoring requirement, including hours of attendance, interval

between samples and the keeping of attendance records;

(b)	regulating the provision and carrying on of a facility for the

testing of samples;

(c)	determining the maximum and minimum fee that may be

specified under sub-paragraph (1)(c), and the frequency of such

payments;

Public Bill Committee: 15 February 2011

663

Police Reform and Social Responsibility Bill, continued

(d)	regulating the functions of the monitoring officer; and

(e)	making such supplemental, incidental, consequential and

transitional provision as the Secretary of State considers

necessary or expedient.

(7)	In this paragraph—

        “appropriate adult” means—

(a)	the offender’s parent or guardian or, if the offender is in the care

of a local authority or voluntary organisation, a person

representing that authority or organisation,

(b)	a social worker of the local authority, or

(c)	if no person falling within paragraph (a) or (b) is available, any

responsible person aged 18 or over who is not a police officer or

a person employed by the police;

“monitoring officer” means any person, other than the responsible

officer, specified in an alcohol monitoring requirement as the person to

whom samples must be provided.”.

(2)	Schedule (Youth rehabilitation orders: alcohol monitoring requirement) makes

further amendments to the Criminal Justice and Immigration Act 2008.’.

New Schedules

Nick Herbert

NS3

To move the following Schedule:—

‘Police reform: minor and consequential amendments

Part 1

Police Act 1996

1	The Police Act 1996 is amended in accordance with this Part.

2	For the italic cross-heading before section 1 substitute—

“Police areas and police forces”

3	Omit the italic cross-heading before section 2.

4    (1)

Section 2 (maintenance of police forces) is amended in accordance with this

paragraph.

(2)	The existing provision of section 2 becomes subsection (1) of that section.

(3)	After that subsection, insert—

“(2)	For further provision about the maintenance of those police forces, see

Chapter 1 of Part 1 of the Police Reform and Social Responsibility Act

2011.”.

5

Omit—

(a)	sections 3 to 5, and

(b)	the italic cross-heading before section 5A.

6    (1)

Section 5A (maintenance of the metropolitan police force) is amended in

accordance with this paragraph.

Public Bill Committee: 15 February 2011

664

Police Reform and Social Responsibility Bill, continued

(2)	The existing provision of section 5A becomes subsection (1) of that section.

(3)	After that subsection, insert—

“(2)	For further provision about the maintenance of the metropolitan police

force, see Chapter 2 of Part 1 of the Police Reform and Social

Responsibility Act 2011.”.

7	Omit sections 5B to 6.

8	Before section 6ZA insert the following cross-heading—

“The City of London”.

9	After that cross-heading insert—

“6AZA

Common Council to remain police authority for City

The Common Council of the City of London is to continue to be the

police authority for the City of London police area.”.

10  (1)

Section 6ZA (power to confer particular functions on police authorities) is

amended in accordance with this paragraph.

(2)	In the title, for “police authorities” substitute “the Common Council”.

(3)	In subsection (1), for “police authorities” substitute “the Common Council”.

(4)	In subsection (2)—

(a)	for “a police authority” substitute “the Common Council”;

(b)	for “police force maintained for its area” substitute “the City of

London police force”;

(c)	for “the authority” substitute “the Common Council”.

(5)	In subsection (3), for paragraphs (a) and (b) substitute—

“(a)	the Common Council,

(b)	the Commissioner of Police for the City of London, and”.

(6)	Omit subsection (4).

11  (1)

Section 6ZB (plans by police authorities) is amended in accordance with this

paragraph.

(2)	In the title, for “police authorities” substitute “the Common Council”.

(3)	In subsection (1)—

(a)	for “every police authority” substitute “the Common Council”;

(b)	for “the authority’s” substitute “the Common Council’s”;

(c)	for “its area” substitute “the City of London police area, and for the

discharge by the City of London Police of its national or international

functions”.

(4)	In subsection (3)—

(a)	for “a police authority” substitute “the Common Council”;

(b)	for “relevant chief officer of police” substitute “Commissioner of

Police for the City of London”;

(c)	for “the authority” substitute “the Common Council”.

(5)	In subsection (4)—

(a)	for “a police authority” substitute “the Common Council”;

(b)	for “relevant chief officer of police” (in the first place) substitute

“Commissioner of Police for the City of London”;

(c)	for “authority for” substitute “Common Council for”;

(d)	for “Authority shall” substitute “Common Council shall”;

(e)	for “relevant chief officer of police” (in the second place) substitute

“Commissioner of Police for the City of London”.

© Parliamentary copyright	Revised 15 February 2011