Police Reform and Social Responsibility Bill

Session 2010 - 11
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Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
79

Early morning alcohol restriction orders
120
Early morning alcohol restriction orders
(1)
The Licensing Act 2003 is amended as set out in subsections (2) and (3).
(2)
In section 7 (exercise and delegation of functions), in subsection (2), after
paragraph (a) (but before the final “or”) insert—
5
“(aa)
the functions of making, and varying or revoking, an order
under section 172A (early morning alcohol restriction order),”.
(3)
For sections 172A to 172E (early morning alcohol restriction order), as inserted
by section 55 of the Crime and Security Act 2010, substitute—
“172A
Power to make early morning alcohol restriction order
10
(1)
If a licensing authority considers it appropriate for the promotion of the
licensing objectives, it may, subject as follows, make an order under this
section.
(2)
An order under this section is an order providing that—
(a)
premises licences and club premises certificates granted by the
15
authority, and temporary event notices given to the authority,
do not have effect to the extent that they authorise the sale of
alcohol during the period specified in the order, and
(b)
club premises certificates granted by the authority do not have
effect to the extent that they authorise the supply of alcohol by
20
or on behalf of a club to, or to the order of, a member of the club
during the period specified in the order.
(3)
For the purposes of subsection (2)(a) and (b), the period that may be
specified in the order must—
(a)
begin no earlier than midnight, and
25
(b)
end no later than 6am.
(4)
It is immaterial for the purposes of an order under this section whether
a premises licence or club premises certificate is granted, or a
temporary event notice is given, before or after the order is made.
(5)
An order under this section may provide that it is to apply—
30
(a)
in relation to the same period of every day on which the order
is to apply, or in relation to different periods of different days,
(b)
every day or only on particular days (for example, particular
days of the week or year),
(c)
in relation to the whole or part of a licensing authority’s area, or
35
(d)
for a limited or unlimited period.
(6)
An order under this section must specify—
(a)
the days on which it is to apply and the period of those days,
(b)
the area in relation to which it is to apply,
(c)
if it is to apply for a limited period, that period, and
40
(d)
the date from which it is to apply.
(7)
An order under this section must—
(a)
be in the prescribed form, and
(b)
have the prescribed content.

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
80

172B
Procedural requirements for early morning alcohol restriction order
(1)
A licensing authority proposing to make an order under section 172A
must—
(a)
advertise the proposed order in the prescribed manner, and
(b)
hold a hearing to consider any relevant representations, unless
5
the authority and each person who has made such
representations agree that a hearing is unnecessary.
(2)
In this section “relevant representations” means representations
which—
(a)
are about the likely effect of the making of the proposed order
10
on the promotion of the licensing objectives,
(b)
are made to the licensing authority by an affected person, a
responsible authority or any other person,
(c)
are made in the prescribed form and manner and within the
prescribed period,
15
(d)
have not been withdrawn, and
(e)
in the case of representations made by a person who is not a
responsible authority, are not, in the opinion of the licensing
authority, frivolous or vexatious.
(3)
In subsection (2)(b), “affected person” means—
20
(a)
the holder of the premises licence or club premises certificate in
respect of affected premises,
(b)
the premises user in relation to a temporary event notice in
respect of affected premises,
(c)
a person who has applied for a premises licence or club
25
premises certificate in respect of affected premises (where the
application has not been determined), and
(d)
a person to whom a provisional statement has been issued in
respect of affected premises.
(4)
In subsection (2)(b) and (e), “responsible authority” means—
30
(a)
the licensing authority and any other licensing authority in
whose area part of any affected premises is situated,
(b)
the chief officer of police for a police area any part of which is in
the area specified in the order,
(c)
the fire and rescue authority for an area any part of which is in
35
the area specified in the order,
(d)
the Primary Care Trust or Local Health Board for an area any
part of which is in the area specified in the order,
(e)
the local weights and measures authority for any such area,
(f)
the enforcing authority within the meaning given by section 18
40
of the Health and Safety at Work etc Act 1974 for any such area,
(g)
the local planning authority within the meaning given by the
Town and Country Planning Act 1990 for any such area,
(h)
the local authority by which statutory functions are exercisable
in the area specified in the order in relation to minimising or
45
preventing the risk of pollution of the environment or of harm
to human health,
(i)
a body which—

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Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
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(i)
represents those who, in relation to the area specified in
the order, are responsible for, or interested in, matters
relating to the protection of children from harm, and
(ii)
is recognised by the licensing authority for the purposes
of this section as being competent to advise on such
5
matters,
(j)
where affected premises are a vessel—
(i)
a navigation authority (within the meaning given by
section 221(1) of the Water Resources Act 1991) having
functions in relation to the waters where the vessel is
10
usually moored or berthed or any waters where it is
navigated at a time when it is used for licensable
activities to which the proposed order relates,
(ii)
the Environment Agency,
(iii)
the British Waterways Board, and
15
(iv)
the Secretary of State, and
(k)
a prescribed person.
(5)
Where a licensing authority determines for the purposes of subsection
(2)(e) that any representations are frivolous or vexatious, it must notify
the person who made them of its reasons for its determination.
20
(6)
In this section—
“affected premises”, in relation to a proposed order, means
premises in respect of which it applies from the date
specified in it;
“statutory function” means a function conferred by or
25
under an enactment.
172C
Making of early morning alcohol restriction order
(1)
A licensing authority may not make an order under section 172A
applying in relation to—
(a)
an area not specified in the proposed order advertised under
30
section 172B,
(b)
a day not specified in that proposed order, or
(c)
a period other than the period specified in that proposed order
of any day so specified.
(2)
After making an order under section 172A a licensing authority must
35
publish it or otherwise make it available—
(a)
in the prescribed form and manner, and
(b)
within the prescribed period.
172D
Variation and revocation of early morning alcohol restriction order
(1)
A licensing authority may vary or revoke an order under section 172A.
40
(2)
Sections 172B and 172C apply in relation to the variation or revocation
of an order under section 172A as in relation to the making of such an
order.
172E
Exceptions from effect of early morning alcohol restriction order
(1)
An order under section 172A does not apply in prescribed cases or
45
circumstances.

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Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
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(2)
The cases referred to in subsection (1) may in particular be defined by
reference to—
(a)
particular kinds of premises, or
(b)
particular days.
(3)
An order under section 172A is subject to an order under section 172
5
(whether made before or afterwards), unless and to the extent that the
order under section 172 provides otherwise.”.
(4)
Section 55 of the Crime and Security Act 2010 (power to restrict sale and supply
of alcohol) is repealed.
Suspension for failure to pay annual fees
10
121
Suspension of licence or certificate for failing to pay annual fee
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (5).
(2)
In section 26(2) (period of validity of premises licence), after “section 52” insert
“or 55A”.
(3)
After section 55 (annual fee for premises licence) insert—
15
“55A
Suspension of premises licence for failing to pay annual fee
(1)
A licensing authority must suspend a premises licence if the holder of
the licence has failed to pay the authority an annual fee that has become
due under section 55(2).
(2)
Subsection (1) does not apply if—
20
(a)
either—
(i)
the holder’s failure to pay the fee at the time it became
due was because of an administrative error (whether
made by the holder, the authority or anyone else), or
(ii)
before or at the time the fee became due, the holder
25
notified the authority in writing that the holder
disputed liability for, or the amount of, the fee, and
(b)
the grace period for payment of the fee has not expired (see
subsection (8)).
(3)
If a licensing authority suspends a premises licence under subsection
30
(1), the authority must give the holder of the licence a notice to that
effect, specifying the day the suspension takes effect.
(4)
A day specified in a notice under subsection (3) must be at least two
working days after the day the authority gives the notice.
(5)
If the holder of the licence pays the annual fee, the licensing authority
35
must give the holder written acknowledgement of receipt of the fee.
(6)
The acknowledgement of receipt under subsection (5) must—
(a)
specify the day the authority received the fee (the “receipt
day”), and
(b)
be given to the holder as soon as is reasonably practicable but in
40
any event—
(i)
if the receipt day was a working day, before the end of
the first working day after the receipt day,

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Chapter 1 — Amendments of the Licensing Act 2003
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(ii)
otherwise, before the end of the second working day
after the receipt day.
(7)
A suspension of a premises licence under subsection (1)—
(a)
takes effect on the day specified in the notice under subsection
(3), and
5
(b)
ceases to have effect on the receipt day, as specified in the
acknowledgement of receipt under subsection (5).
(8)
In this section, the “grace period” for payment of a fee is the period of
21 days, beginning on the day after the day the fee became due.”.
(4)
In section 80(2) (period of validity of club premises certificate), after “section
10
88” insert “or 92A”.
(5)
After section 92 (annual fee for club premises certificate) insert—
“92A
Suspension of club premises certificate for failing to pay annual fee
(1)
A licensing authority must suspend a club premises certificate if the
holder of the certificate has failed to pay the authority an annual fee
15
that has become due under section 92(2).
(2)
Subsection (1) does not apply if—
(a)
either—
(i)
the holder’s failure to pay the fee at the time it became
due was because of an administrative error (whether
20
made by the holder, the authority or anyone else), or
(ii)
before or at the time the fee became due, the holder
notified the authority in writing that the holder
disputed liability for, or the amount of, the fee, and
(b)
the grace period for payment of the fee has not expired (see
25
subsection (8)).
(3)
If a licensing authority suspends a club premises certificate under
subsection (1), the authority must give the holder of the certificate a
notice to that effect, specifying the day the suspension takes effect.
(4)
A day specified in a notice under subsection (3) must be at least 2
30
working days after the day the authority gives the notice.
(5)
If the holder of the certificate pays the annual fee, the licensing
authority must give the holder written acknowledgement of receipt of
the fee.
(6)
The acknowledgement of receipt under subsection (5) must—
35
(a)
specify the day the authority received the fee (the “receipt
day”), and
(b)
be given to the holder as soon as is reasonably practicable but in
any event—
(i)
if the receipt day was a working day, before the end of
40
the first working day after the receipt day,
(ii)
otherwise, before the end of the second working day
after the receipt day.
(7)
A suspension of a club premises certificate under subsection (1)—

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
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(a)
takes effect on the day specified in the notice under subsection
(3), and
(b)
ceases to have effect on the receipt day, as specified in the
acknowledgement of receipt under subsection (5).
(8)
In this section, the “grace period” for payment of a fee is the period of
5
21 days, beginning on the day after the day the fee became due.”.
(6)
The amendments made by this section apply in relation to premises licences
and club premises certificates in relation to which annual fees become due on
or after the commencement of this section.
Miscellaneous
10
122
Licensing policy statements
(1)
Section 5 of the Licensing Act 2003 (statement of licensing policy) is amended
as set out in subsections (2) to (7).
(2)
In subsection (1)—
(a)
for “three” substitute “five”, and
15
(b)
in paragraph (b) omit “(a “licensing statement”)”.
(3)
Omit subsection (2).
(4)
In subsection (3), for “three” substitute “five”.
(5)
In subsection (4)—
(a)
for “three” substitute “five”, and
20
(b)
after “policy” insert “in respect of that period”.
(6)
After subsection (6) insert—
“(6A)
Without prejudice to subsection (4), a licensing authority may replace
its policy in respect of a period, with effect from any date during that
period, by—
25
(a)
determining its policy with respect to the exercise of its
licensing functions in respect of a period of five years beginning
with that date, and
(b)
publishing a statement of that policy before that date.
(6B)
Subsection (3) applies in relation to any determination under
30
subsection (6A) as it applies in relation to a determination under
subsection (1).
(6C)
A licensing statement must specify the five year period to which it
relates.”
(7)
After subsection (7) insert—
35
“(8)
In this section—
“five year period”, in relation to a licensing authority, means—
(a)
if paragraph (b) does not apply, the period of five years
ending with 6 January 2016, and each subsequent period
of five years, or
40
(b)
if a licensing authority has published a licensing
statement under subsection (6A), the period of five years

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Chapter 1 — Amendments of the Licensing Act 2003
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to which the most recently published such statement
relates, and each subsequent period of five years;
“licensing statement” means a statement published under
subsection (1)(b) or (6A)(b).”
(8)
Any policy determined, and any licensing policy statement published, under
5
section 5(1) of the Licensing Act 2003 in respect of the period of three years
beginning with 7 January 2011 is, on and after the commencement of this
subsection, to be treated for all purposes as if—
(a)
it had been determined and published under that section (as amended
by this section) in respect of the period of five years beginning with 7
10
January 2011, and
(b)
it specified the five year period to which it relates.
123
Personal licences: relevant offences
(1)
Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is
amended as set out in subsections (2) to (4).
15
(2)
In paragraph 14 (offences under the Road Traffic Act 1988), after paragraph (c)
insert—
“(d)
section 6(6) (failing to co-operate with a preliminary
test).”.
(3)
The second paragraph 22 is renumbered as paragraph 22A.
20
(4)
After paragraph 23 insert—
“24
An offence under section 1 of the Criminal Attempts Act 1981 of
attempting to commit an offence that is a relevant offence.
25
An offence under section 1 of the Criminal Law Act 1977 of
conspiracy to commit an offence that is a relevant offence.
25
26
The offence at common law of conspiracy to defraud.”.
(5)
The amendments made by this section apply on and after the commencement
of this section in relation to—
(a)
personal licences that are granted or renewed before, on or after the
commencement of this section, and
30
(b)
offences committed before, on or after that commencement.
Review
124
Review of effect of amendments on licensing scheme
(1)
As soon as reasonably practicable after the end of the review period, the
Secretary of State must—
35
(a)
carry out a review of the following provisions of this Chapter—
(i)
section 104 (licensing authorities as responsible authorities),
(ii)
section 105 (Primary Care Trusts and Local Health Boards as
responsible authorities),
(iii)
section 106 (premises licences: who may make relevant
40
representations),
(iv)
section 107 (premises licenses: who may apply for review),