Police Reform and Social Responsibility Bill

Session 2010 - 11
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Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
68

(8)
In section 41D(6) (variation of premises licence: supply of alcohol from
community premises), for paragraph (b) substitute—
“(b)
subsection (6)(c) were omitted.”.
(9)
In section 194 (index of defined expressions), omit the entry for the expression
“interested party, in Part 3”.
5
(10)
In section 33 of the Policing and Crime Act 2009 (individual members of
licensing authorities to be interested parties), omit subsection (1).
(11)
The amendments made by this section apply in relation to applications relating
to premises licences that are made on or after the commencement of this
section.
10
107
Premises licences: who may apply for review
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (6).
(2)
In section 51 (application for review of premises licences)—
(a)
in subsection (1), for “an interested party or a responsible authority”
substitute “a responsible authority or any other person”, and
15
(b)
in subsection (3)—
(i)
in paragraph (b), for “interested parties and responsible
authorities” substitute “responsible authorities and other
persons”, and
(ii)
in paragraph (c), for “interested party” substitute “other
20
person”.
(3)
In section 52(8) (determination of application for review of premises licence)—
(a)
in paragraph (a)(i), for “an interested party” substitute “any other
person”, and
(b)
in paragraph (c), for “an interested party (who is not also a responsible
25
authority)” substitute “a person who is not a responsible authority”.
(4)
In section 53A(3) (summary reviews on application of senior police officer)—
(a)
in paragraph (c), for “interested parties” substitute “other persons”, and
(b)
in paragraph (e), for “interested party” substitute “other person”.
(5)
In section 53C(8) (review of premises licence following summary review
30
notice)—
(a)
in paragraph (a), for “an interested party” substitute “any other
person”, and
(b)
in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.
35
(6)
In section 167 (review of premises licence following closure order)—
(a)
in subsection (4)(b), for “interested parties” substitute “other persons”,
(b)
in subsection (4)(c), for “interested party” substitute “other person”,
(c)
in subsection (10)(a), for “an interested party” substitute “any other
person”,
40
(d)
in subsection (10)(c), for “an interested party (who is not also a
responsible authority)” substitute “a person who is not a responsible
authority”, and
(e)
in subsection (14), for ““interested party” and “responsible authority”
have” substitute ““responsible authority” has”.
45

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
69

(7)
The amendments made by this section apply in relation to applications for
review that are made on or after the commencement of this section.
108
Club premises certificates: who may make relevant representations
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (7).
(2)
In section 69 (authorised persons, interested parties and responsible
5
authorities)—
(a)
in the title, omit “, interested parties”,
(b)
in subsection (1), omit ““interested party”,”, and
(c)
omit subsection (3).
(3)
In section 71(6) (application for club premises certificate)—
10
(a)
in paragraph (a)(ii), for “interested parties” substitute “persons who
live, or are involved in a business, in the relevant licensing authority’s
area and who are”,
(b)
after paragraph (a) insert—
“(aa)
require the relevant licensing authority to advertise the
15
application within the prescribed period—
(i)
in the prescribed form, and
(ii)
in a manner which is prescribed and is likely to
bring the application to the attention of the
persons who are likely to be affected by it; and”,
20
and
(c)
in paragraph (c), for “interested parties and responsible authorities”
substitute “responsible authorities and other persons”.
(4)
In section 72(8) (determination of application for club premises certificate)—
(a)
in paragraph (a), for “an interested party or responsible authority”
25
substitute “a responsible authority or other person”, and
(b)
in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.
(5)
In section 85(6) (determination of application to vary club premises
certificate)—
30
(a)
in paragraph (a), for “an interested party or responsible authority”
substitute “a responsible authority or other person”, and
(b)
in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.
(6)
In section 86B(2)(b)(ii) (determination of application for minor variation of club
35
premises certificate), for “an interested party” substitute “any other person”.
(7)
In section 194 (index of defined expressions), omit the entry for the expression
“interested party, in Part 4”.
(8)
In section 33 of the Policing and Crime Act 2009 (individual members of
licensing authorities to be interested parties), omit subsection (2).
40
(9)
The amendments made by this section apply in relation to applications relating
to club premises certificates that are made on or after the commencement of
this section.

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
70

109
Club premises certificates: who may apply for review
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (4).
(2)
In section 87 (application for review of club premises certificate), for subsection
(1) substitute—
“(1)
Where a club holds a club premises certificate, a responsible authority
5
or any other person may apply to the relevant licensing authority for a
review of the certificate.”.
(3)
In section 87(3) (application for review of club premises certificate)—
(a)
in paragraph (b), after “to the authority” insert “by the club, responsible
authorities and other persons”, and
10
(b)
in paragraph (c), for “interested party” substitute “other person”.
(4)
In section 88(8) (determination of application for review of club premises
certificate)—
(a)
in paragraph (a), for “an interested party” substitute “any other
person”, and
15
(b)
in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.
(5)
The amendments made by this section apply in relation to applications for
review that are made on or after the commencement of this section.
Reducing the evidential burden on licensing authorities
20
110
Reducing the burden: premises licences
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (14).
(2)
In section 18 (determination of application for premises licence)—
(a)
in subsection (3)(b), for “necessary” substitute “appropriate”, and
(b)
in subsection (4)(a)(i), for “necessary” substitute “appropriate”.
25
(3)
In section 22(2) (prohibited conditions: plays), for “necessary” substitute
“appropriate”.
(4)
In section 25A(6) (grant of premises licence: supply of alcohol from community
premises), for “necessary” substitute “appropriate”.
(5)
In section 31 (determination of application for provisional statement)—
30
(a)
in subsection (3)(b), for “necessary” substitute “appropriate”, and
(b)
in subsection (3)(c)(ii), for “necessary” substitute “appropriate”.
(6)
In section 35(3)(b) (determination of application to vary premises licence), for
“necessary” substitute “appropriate”.
(7)
In section 39(3)(b) (determination of application to vary premises licence to
35
specify premises supervisor), for “necessary” substitute “appropriate”.
(8)
In section 41D(5) (variation of premises licence: supply of alcohol from
community premises), for “necessary” substitute “appropriate”.
(9)
In section 44(5)(b) (determination of transfer application), for “necessary”
substitute “appropriate”.
40

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
71

(10)
In section 48(3)(b) (cancellation of interim authority notice following police
objections), for “necessary” substitute “appropriate”.
(11)
In section 52(3) (determination of application for review of premises licence),
for “necessary” substitute “appropriate”.
(12)
In section 53B(8)(a) (supplementary provision about review of premises
5
licence), for “necessary” substitute “appropriate”.
(13)
In section 53C(2)(b) (review of premises licence following review notice), for
“necessary” substitute “appropriate”.
(14)
In section 177(5) (dancing and live music in certain small premises), for
“necessary” substitute “appropriate”.
10
(15)
The amendments made by this section (other than subsection (10)) apply in
relation to applications relating to premises licences that are made on or after
the commencement of this section.
(16)
The amendment made by subsection (10) of this section applies in relation to
interim authority notices that are given on or after the commencement of this
15
section.
111
Reducing the burden: club premises certificates
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (5).
(2)
In section 72 (determination of application for club premises certificate)—
(a)
in subsection (3)(b), for “necessary” substitute “appropriate”, and
20
(b)
in subsection (4)(a)(i), for “necessary” substitute “appropriate”.
(3)
In section 76(2) (prohibited conditions: plays), for “necessary” substitute
“appropriate”.
(4)
In section 85(3)(b) (determination of application to vary club premises
certificate), for “necessary” substitute “appropriate”.
25
(5)
In section 88(3) (determination of application for review of club premises
certificate), for “necessary” substitute “appropriate”.
(6)
The amendments made by this section apply in relation to applications relating
to club premises certificates that are made on or after the commencement of
this section.
30
112
Reducing the burden: other situations
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (6).
(2)
In section 105(2)(b) (counter notice following police objection), for “necessary”
substitute “appropriate”.
(3)
In section 120(7)(b)(i) (determination of application for grant of personal
35
licence), for “necessary” substitute “appropriate”.
(4)
In section 121(6)(b)(i) (determination of application for renewal of personal
licence), for “necessary” substitute “appropriate”.
(5)
In section 124(4)(b) (convictions coming to light after grant or renewal of
personal licence), for “necessary” substitute “appropriate”.
40

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
72

(6)
In section 167(5)(b) (review of premises licence following closure order), for
“necessary” substitute “appropriate”.
(7)
The amendment made by subsection (2) of this section applies in relation to
temporary event notices that are given on or after the commencement of this
section.
5
(8)
The amendments made by subsections (3) to (5) of this section apply in relation
to applications relating to personal licences that are made on or after the
commencement of this section.
(9)
The amendment made by subsection (6) of this section applies in relation to
notices under section 165(4) of the Licensing Act 2003 (closure orders) that are
10
received by a licensing authority on or after the commencement of this section.
Temporary event notices
113
Temporary event notices: who may make an objection
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (13).
(2)
After section 99, insert—
15
“99A
Meaning of “relevant person”
In this Part references to a “relevant person”, in relation to any
premises, are references to the following—
(a)
the chief officer of police for any police area in which the
premises are situated,
20
(b)
the local authority by which statutory functions are exercisable
in any area in which the premises are situated in relation to
minimising or preventing the risk of pollution of the
environment or of harm to human health.”.
(3)
In the cross-heading before section 104, for “Police objections” substitute
25
“Objections”.
(4)
In the title to section 104 (objection to notice), for “the police” substitute “a
relevant person”.
(5)
In section 104 (objection to notice), for subsection (2) substitute—
“(2)
Where a relevant person who is given a temporary event notice is
30
satisfied that allowing the premises to be used in accordance with the
notice would undermine a licensing objective, the relevant person must
give a notice stating the reasons for being so satisfied (an “objection
notice”)—
(a)
to the relevant licensing authority,
35
(b)
to the premises user, and
(c)
to every other relevant person.”.
(6)
In section 104(3) (timing for objection), for “chief officer of police” substitute
“relevant person”.
(7)
In section 104(4) (timing for objection), for “relevant chief officer of police”
40
substitute “relevant person”.
(8)
Omit section 104(5) (definition of “relevant chief officer of police”).

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
73

(9)
In section 105 (counter notice following objection)—
(a)
in the title, omit “police”,
(b)
in subsection (2)(a), for “chief officer of police” substitute “relevant
person”,
(c)
in subsection (2)(b), for “the crime prevention objective” substitute “a
5
licensing objective”,
(d)
in subsection (3)(a), for “the relevant chief officer of police” substitute
“each relevant person”, and
(e)
in subsection (3)(b)(ii), for “the relevant chief officer of police”
substitute “each relevant person”.
10
(10)
In section 106 (modification of notice following objection)—
(a)
in the title, omit “police”,
(b)
in subsection (1), for “chief officer of police” substitute “relevant
person”,
(c)
in subsection (2)—
15
(i)
for “chief officer of police” substitute “relevant person”, and
(ii)
after “of the premises user” insert “and each other relevant
person”,
(d)
in subsection (4), for “chief officer of police” substitute “relevant
person”, and
20
(e)
omit subsection (5).
(11)
In section 107(11) (counter notice where permitted limits exceeded), for the
words following “that notice” substitute “to each relevant person”.
(12)
In section 194 (index of defined expressions), after the entry for the expression
“relevant offence” insert—
25
“relevant person, in Part 5 ............................. section 99A”.
(13)
In Schedule 5 (appeals)—
(a)
in paragraph 16(1)(b), for “chief officer of police” substitute “relevant
person”,
(b)
in paragraph 16(3), for “chief officer of police” substitute “relevant
30
person”,
(c)
in paragraph 16(8), in the definition of “objection notice”, omit “and”,
(d)
in paragraph 16(8), at the end of the definition of “relevant licensing
authority” insert “; and
“relevant person” has the meaning given in section 99A.”.
35
(14)
The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.
114
Temporary event notices: conditions
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (5).
(2)
In section 98(1) (meaning of “permitted temporary activity”), for paragraph (a)
40
substitute—
“(a)
it is carried out in accordance with—
(i)
a notice given in accordance with section 100, and
(ii)
any conditions imposed under section 106A, and”.

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
74

(3)
After section 106 insert—
“106A
Conditions on standard temporary event notice following objection
(1)
This section applies where—
(a)
a relevant person has given an objection notice under section
104(2) in respect of a standard temporary event notice,
5
(b)
the objection notice has not been withdrawn, and
(c)
the relevant licensing authority has decided under section 105
not to give a counter notice under that section.
(2)
The relevant licensing authority may impose one or more conditions on
the standard temporary event notice if—
10
(a)
the authority considers it appropriate for the promotion of the
licensing objectives to do so,
(b)
the conditions are also imposed on a premises licence or club
premises certificate that has effect in respect of the same
premises, or any part of the same premises, as the temporary
15
event notice, and
(c)
the conditions would not be inconsistent with the carrying out
of the licensable activities under the temporary event notice.
(3)
Where the authority decides to impose one or more conditions under
subsection (2)—
20
(a)
the authority must give the premises user notice of the decision,
(b)
the notice must be accompanied by a separate statement (the
“statement of conditions”) which sets out the conditions that
have been imposed on the temporary event notice, and
(c)
a copy of the notice and statement of conditions must be given
25
to each relevant party.
(4)
The notice and statement of conditions under subsection (3) must—
(a)
be in the prescribed form,
(b)
be given to the premises user in the prescribed manner, and
(c)
be given no later than 24 hours before the beginning of the event
30
period specified in the temporary event notice.
(5)
Where the premises are situated in the area of more than one licensing
authority, the functions conferred on the relevant licensing authority
by subsection (2) must be exercised by those authorities jointly.”.
(4)
In section 109 (duty to keep and produce temporary event notice)—
35
(a)
in the title, after “notice” insert “and statement of conditions”,
(b)
in subsection (2)(a), after “notice” insert “, together with a copy of any
statement of conditions given under section 106A(3) in respect of the
notice”,
(c)
in subsection (3)(a), after “notice” insert “, together with a copy of any
40
statement of conditions given under section 106A(3) in respect of the
notice”,
(d)
in subsection (3)(b), for “notice is” substitute “notice and any statement
of conditions are”,
(e)
in subsection (5)(a), after “notice” insert “or any statement of
45
conditions”,