House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

121

House of Commons

Thursday 17 February 2011

Public Bill Committee Proceedings

Police Reform and Social Responsibility Bill

[nineteenth and twentieth Sittings]

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

Withdrawn  628

Clause  151,  page  100,  line  10,  at end insert—

‘(4AB)
A specialist unit shall be established within the Crown Prosecution Service,

reporting to the Director of Public Prosecutions, so as to ensure minimal delay in

decisions relating to arrest warrants issued under this section.’.

Clause Agreed to.

Clauses 152 to 156 Agreed to.

New Clauses

Police reform: minor and consequential amendments

Nick Herbert

Added  NC9

To move the following Clause:—

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

minor and consequential amendments) has effect.’.

Public Bill Committee Proceedings: 17 February 2011
122

Police Reform and Social Responsibility Bill, continued

Police: complaints

Nick Herbert

Added  NC12

To move the following Clause:—

‘Schedule (Police: complaints) (Police: complaints) has effect.’.

Code of practice on the operational independence of chief constables

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

Negatived on division  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

Withdrawn  NC3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

Withdrawn  NC4

To move the following Clause:—

Public Bill Committee Proceedings: 17 February 2011
123

Police Reform and Social Responsibility Bill, continued

‘(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

Not called  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

Withdrawn  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)—

Public Bill Committee Proceedings: 17 February 2011
124

Police Reform and Social Responsibility Bill, continued

(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—

“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).

Public Bill Committee Proceedings: 17 February 2011
125

Police Reform and Social Responsibility Bill, continued

(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

Withdrawn  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

Not selected  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

Withdrawn  NC10

To move the following Clause:—

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



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