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 2 — Late night levy
86

(v)
section 108 (club premises certificates: who may make relevant
representations),
(vi)
section 109 (club premises certificates: who may apply for
review),
(vii)
section 110 (reducing the burden: premises licences),
5
(viii)
section 111 (reducing the burden: club premises certificates),
(ix)
section 112 (reducing the burden: other situations),
(x)
section 113 (temporary event notices: who may make an
objection),
(xi)
section 114 (temporary event notices: conditions),
10
(xii)
section 118 (temporary event notices: time for objection by
police),
(xiii)
section 120 (early morning alcohol restriction orders),
(xiv)
section 121 (suspension of licence or certificate for failing to pay
annual fee),
15
(xv)
section 123 (personal licences: relevant offences), and
(b)
set out the conclusions of the review in a report.
(2)
In particular, the review must assess the effect of the amendments made by
those sections on the scheme established by the Licensing Act 2003.
(3)
The Secretary of State must lay a copy of the report before Parliament.
20
(4)
In this section, “review period” means the period of five years beginning
with—
(a)
if all of those sections commence on the same day, that day, and
(b)
otherwise, the first day on which all of those sections have commenced.
Chapter 2
25
Late night levy
Application of late night levy requirement in licensing authority’s area
125
Late night levy requirement
(1)
In this Chapter, “the late night levy requirement” means a requirement to pay
the late night levy in accordance with this Chapter.
30
(2)
A licensing authority may decide that the late night levy requirement is to
apply in its area.
(3)
In making a decision under subsection (2) a licensing authority must
consider—
(a)
the costs of policing and other arrangements for the reduction or
35
prevention of crime and disorder, in connection with the supply of
alcohol between midnight and 6 am, and
(b)
having regard to those costs, the desirability of raising revenue to be
applied in accordance with section 131.
(4)
A licensing authority may not decide that the late night levy requirement is to
40
apply in part only of its area.
(5)
This section is subject to section 132.

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 2 — Late night levy
87

Liability to pay late night levy
126
“Relevant late night authorisation” and related definitions
(1)
This section applies for the purposes of this Chapter.
(2)
“Relevant late night authorisation”, in relation to a licensing authority and a
levy year, means a premises licence or club premises certificate which—
5
(a)
is granted by the authority, and
(b)
authorises the supply of alcohol at a time or times during the late night
supply period on one or more days in the related payment year.
(3)
The “late night supply period” in relation to a licensing authority means the
period of the day decided by the authority under section 132 or 133.
10
(4)
A late night supply period must—
(a)
begin at or after midnight, and
(b)
end at or before 6 am.
(5)
The late night supply period determined by a licensing authority for a levy
year must be the same—
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(a)
for each payment year beginning during the levy year, and
(b)
throughout each such payment year.
(6)
Regulations must make provision as to how payment years are to be
determined in relation to holders of premises licences or club premises
certificates.
20
(7)
Regulations under subsection (6) may, in particular—
(a)
provide for a holder’s payment year to be determined by reference to
the period in respect of which the holder is liable to pay an annual fee
under section 55(2) or 92(2) of the Licensing Act 2003, or
(b)
confer functions or a discretion on licensing authorities in relation to
25
authorisations granted by them.
(8)
Regulations under subsection (6) which provide for licensing authorities to
determine payment years must require an authority to decide how the
payment years are to be determined at the time the authority decides under
section 125(2) that the late night levy requirement is to apply in its area.
30
(9)
For the purposes of this section, a payment year is related to a levy year if it
begins at the same time as, or during, the levy year.
127
Liability to pay late night levy
(1)
Where the late night levy requirement applies in the area of a licensing
authority, the holder of a relevant late night authorisation must pay a levy (“the
35
late night levy”) to the authority in respect of that authorisation for each levy
year, in accordance with this Chapter.
(2)
But a holder of a relevant late night authorisation who falls within an
applicable exemption category is not liable to pay the late night levy in respect
of that authorisation for the levy year.
40
(3)
For this purpose, “applicable exemption category”, in relation to a levy year,
means a permitted exemption category that the licensing authority has decided
under section 132 or 133 is to apply in its area for the levy year.

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 2 — Late night levy
88

128
Amount of late night levy
(1)
For any levy year, the amount of the levy is—
(a)
the amount prescribed by regulations, or
(b)
the amount calculated in accordance with regulations.
(2)
But in the case of the holder of a relevant late night authorisation who falls
5
within an applicable reduction category, the amount of the late night levy
payable in respect of the authorisation is the reduced amount that applies in
relation to that category (see section 135(4)).
(3)
For this purpose “applicable reduction category”, in relation to a levy year,
means a permitted reduction category that the licensing authority has decided
10
under section 132 or 133 is to apply in its area for the levy year.
(4)
Subject to subsection (2), regulations under subsection (1) must provide for the
amount of the late night levy, or the manner in which it is to be calculated, to
be the same for all persons liable to pay the levy in respect of an authorisation
for the levy year.
15
Administration of late night levy
129
Payment and administration of the levy
(1)
Regulations—
(a)
must make provision as to collection and administration, and
(b)
may make provision as to enforcement,
20

of the late night levy.
(2)
Regulations under subsection (1) must make provision as to the time or times
for payment of the levy to a licensing authority by holders of relevant late night
authorisations.
(3)
Provision made by virtue of subsection (2) may in particular provide for any
25
such time or times to be determined by reference to the holders’ payment
years.
(4)
Regulations under subsection (1) may make provision for adjustments to be
made in cases where—
(a)
a relevant late night authorisation ceases to be such an authorisation
30
during the holder’s payment year;
(b)
a premises licence or club premises certificate becomes a relevant late
night authorisation during the holder’s payment year;
(c)
an order under section 172A of that Act (early morning restriction
orders) precludes the supply of alcohol by virtue of the relevant late
35
night authorisation at all the times during the applicable late night
supply period when it would otherwise have been permitted by virtue
of the authorisation;

including in cases where the change occurs after the end of the levy year.
(5)
Any payment of the late night levy which is owed to a licensing authority
40
under this Chapter may be recovered as a debt due to the authority.
(6)
The following provisions of the Licensing Act 2003 apply for the purposes of
this Chapter—

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 2 — Late night levy
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(a)
section 55A (suspension of premises licence for failure to pay annual
fee);
(b)
section 92A (suspension of club premises certificate for failure to pay
annual fee),

but as if a reference to an annual fee, or to the annual fee owed under section
5
55(2) or 92(2), were a reference to the late night levy, or to the amount of the
late night levy owed under this Chapter.
(7)
Provision that may be made by regulations under this section includes
provision conferring functions or a discretion on licensing authorities.
130
Net amount of levy payments
10
(1)
In this Chapter “the net amount of levy payments” of a licensing authority in
respect of any period means the amount, calculated in accordance with
regulations, which represents—
(a)
the aggregate amount of payments to the authority in respect of the
levy that are attributable to that period, less
15
(b)
the aggregate amount of expenses of the authority attributable to that
period that are permitted deductions under regulations under
subsection (2)(a).
(2)
Regulations under subsection (1)—
(a)
must prescribe descriptions of expenses which, if incurred by the
20
licensing authority in connection with the collection, administration or
enforcement of the late night levy for any period, may be deducted for
the purposes of calculating the net amount of levy payments for the
period,
(b)
may make provision for determining the amounts to be taken into
25
account in calculating the net amount of levy payments,
(c)
may make provision for determining the period to which a payment or
deduction is attributable.
(3)
A licensing authority must publish the following, in respect of each levy year—
(a)
before the beginning of the year, a statement of its estimate of the
30
amount of deductions permitted under regulations under subsection
(2)(a) to be made in respect of the year;
(b)
after the end of the year, a statement of the net amount of levy
payments for the year, showing in particular the amounts mentioned in
paragraphs (a) and (b) of subsection (1) attributable to the year.
35
(4)
It is for the licensing authority to determine the manner in which any statement
under subsection (3) is to be published.
Application of levy payments
131
Application of net amount of levy payments
(1)
The net amount of levy payments for any levy year must be applied as follows.
40
(2)
The licensing authority—
(a)
must pay the specified proportion of that amount to the relevant local
policing body, and

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 2 — Late night levy
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(b)
must apply the remainder of that amount in accordance with
regulations.
(3)
In subsection (2)(a), “specified proportion” means the proportion determined
for the levy year under section 132(1)(b) or 133(1)(d).
(4)
The specified proportion must be not less than 70 per cent.
5
(5)
Regulations may amend subsection (4) by specifying a different proportion in
place of the proportion for the time being specified in that subsection.
(6)
Regulations may make provision—
(a)
as to the time or times at which payments are to be made by the
licensing authority under subsection (2);
10
(b)
for adjustments of payments in cases where payments or repayments
are made in respect of the levy after the end of the levy year.
(7)
Regulations under this section may make provision conferring a function or a
discretion on a licensing authority.
Late night levy requirement: further provision
15
132
Introduction of late night levy requirement
(1)
Where a licensing authority decides under section 125 that the late night levy
requirement is to apply in its area, it must also decide—
(a)
the date on which the late night levy requirement is first to apply, and
(b)
for the first levy year and, subject to section 133, each subsequent levy
20
year—
(i)
the late night supply period;
(ii)
the permitted exemption categories (if any) that are to apply in
its area;
(iii)
the permitted reduction categories (if any) that are to apply in
25
its area;
(iv)
the proportion of the net amount of levy payments that is to be
paid to the relevant local policing body under section 131.
(2)
Subsection (1)(b)(i) is subject to section 126(4) and (5).
(3)
Subsection (1)(b)(iv) is subject to section 131(4).
30
(4)
Regulations under section 134 apply in relation to any decision of a licensing
authority under section 125 or this section.
133
Amendment of late night levy requirement
(1)
Where the late night levy requirement applies in the area of a licensing
authority under section 125, the authority may decide—
35
(a)
that the requirement is to cease to apply in the area;
(b)
that a different late night supply period is to apply;
(c)
that different permitted exemption categories or permitted reduction
categories are to apply in the area;
(d)
that a different proportion of the net amount of levy payments is to be
40
paid to the relevant local policing body.

Police Reform and Social Responsibility Bill
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Chapter 2 — Late night levy
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(2)
Subsection (1)(b) is subject to section 126(4) and (5).
(3)
Subsection (1)(d) is subject to section 131(4).
(4)
Where—
(a)
regulations under section 135 alter the permitted exemption categories
or permitted reduction categories, and
5
(b)
by virtue of the regulations any category that applies in the area of a
licensing authority by virtue of section 132(1)(b) or (iii) ceases to be a
permitted exemption category or permitted reduction category,

the licensing authority must exercise its power under subsection (1)(c) so as to
secure that all the categories that apply in its area in respect of future levy
10
periods are permitted exemption categories or permitted reduction categories.
(5)
Where—
(a)
regulations under subsection (5) of section 131 amend subsection (4) of
that section, and
(b)
by virtue of the regulations the proportion of the net amount of levy
15
payments to be paid to the relevant local policing body ceases to satisfy
section 131(4),

the licensing authority must exercise its power under subsection (1)(d) so as to
secure that the proportion of the net amount of levy payments to be paid to the
relevant local policing body in respect of future levy years satisfies that
20
provision.
(6)
Any decision made under subsection (1) may take effect only—
(a)
in the case of a decision under paragraph (a), at the end of a levy period,
(b)
in the case of decision under paragraph (b), (c) or (d), in respect of
future levy periods.
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(7)
Regulations under section 134 apply in relation to any decision of a licensing
authority under this section.
134
Introduction or variation of late night levy requirement: procedure
(1)
Regulations must make provision as to the procedure to be followed by a
licensing authority in relation to any proposal for—
30
(a)
a decision under section 125(2) that the late night levy requirement is to
apply in the area of the licensing authority (and any related decision
under section 132(1));
(b)
a decision under section 133(1)(a) that the late night levy is to cease to
apply in the area of the licensing authority;
35
(c)
a decision under section 133(1)(b), (c) or (d).
(2)
Regulations under this section must, in particular—
(a)
require the licensing authority, where it proposes to make any decision
mentioned in subsection (1), to consult the following about the
proposal—
40
(i)
the relevant local policing body;
(ii)
the relevant chief officer of police;
(iii)
holders of relevant late night authorisations;
(iv)
any other persons prescribed by the regulations;
(b)
make provision requiring the licensing authority to publish notice of
45
any decision mentioned in subsection (1) (and of related decisions);

Police Reform and Social Responsibility Bill
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(c)
in the case of a decision under section 125(2), make provision—
(i)
enabling any relevant late night authorisation to be varied
under section 34, 41A, 84 or 86A of the Licensing Act 2003, on
the application of the holder, so as to cease to be a relevant late
night authorisation before the beginning of the first levy year,
5
and
(ii)
for no fee to be payable in respect of any such application to the
extent that it relates to such a variation.
(3)
In the case of a proposal that the late night levy requirement should apply to
the area of a licensing authority, the consultation about the proposal required
10
under subsection (2)(a) must include consultation about the matters to be
decided under section 132(1).
(4)
Regulations under this section may specify matters of which the licensing
authority must be satisfied before deciding under section 125(2) that the late
night levy requirement is to apply in its area.
15
(5)
In subsection (2)(c), “relevant late night authorisation” includes a premises
licence or club premises certificate which would be a relevant late night
authorisation if the licensing authority were to make the decisions in
subsection (1)(a) in accordance with the proposal.
135
Permitted exemption and reduction categories
20
(1)
Regulations may prescribe—
(a)
categories of holders of relevant late night authorisations in relation to
whom, if a licensing authority so decides, the requirement to pay the
late night levy is not to apply (“permitted exemption categories”);
(b)
categories of holders of relevant late night authorisations in relation to
25
whom, if a licensing authority so decides, a reduced amount of the levy
is to apply (“permitted reduction categories”).
(2)
References in subsection (1) to a decision of a licensing authority are to a
decision by the authority under section 132(1)(b) or (c) or 133(1)(c) that the
category in question is to apply in its area.
30
(3)
Without prejudice to section 136(3), categories of holders may be prescribed for
this purpose by reference, in particular, to—
(a)
participation in arrangements of particular descriptions;
(b)
particular descriptions of premises in respect of which authorisations
are held.
35
(4)
Regulations under subsection (1) which prescribe permitted reduction
categories must also prescribe, in relation to each such category—
(a)
what the reduced amount of the levy is, or
(b)
the manner in which the reduced amount of the levy is to be calculated,

and must provide for the reduced amount of the late night levy, or the manner
40
in which it is to be calculated, to be the same for all persons liable to pay the
late night levy in respect of an authorisation in that category for a levy year.
136
Late night levy: regulations
(1)
Any power to make regulations under this Chapter is exercisable by the
Secretary of State, but may be exercised only with consent of Treasury.
45