|
| |
|
(2) | Regulations may amend any provision made by or under an Act so far as |
| |
necessary or expedient in consequence of any provision made by or under this |
| |
| |
(3) | Any regulations under this Chapter may— |
| |
(a) | make different provision for different cases; |
| 5 |
(b) | make provision subject to exceptions; |
| |
(c) | make supplemental, incidental, consequential and transitional |
| |
| |
(4) | Subsection (3) is subject to section 128(4) and 135(4). |
| |
| 10 |
| |
“club premises certificate” has the same meaning as in the Licensing Act |
| |
2003 (see section 60 of that Act); |
| |
“late night levy” means a levy payable under section 127(1); |
| |
“the late night levy requirement” has the meaning given by section 125; |
| 15 |
“late night supply period”, has the meaning given by section 126; |
| |
“levy year”, in relation to a licensing authority, means a period of one |
| |
year, beginning with the date specified under section 132(1)(a) or an |
| |
anniversary of that date, for which the late night levy requirement |
| |
applies in the area of the authority; |
| 20 |
“licensing authority” means an authority which is a licensing authority |
| |
within the meaning of the Licensing Act 2003 (see section 3 of that Act); |
| |
“net amount of levy payments” has the meaning given by section 129; |
| |
“payment year”, in relation to the holder of a relevant late night |
| |
authorisation, means a year to which any payment of the late night levy |
| 25 |
by the holder in respect of the authorisation relates; |
| |
“permitted exemption category” and “permitted reduction category” |
| |
have the meanings given by section 135; |
| |
“premises licence” has the same meaning as in the Licensing Act 2003 (see |
| |
| 30 |
“relevant late night authorisation” has the meaning given by section 126; |
| |
“relevant chief officer of police”, in relation to a licensing authority, means |
| |
the chief officer of police for the police area which comprises or |
| |
includes the area of the licensing authority; |
| |
“relevant local policing body”, in relation to a licensing authority, means |
| 35 |
the local policing body for the police area which comprises or includes |
| |
the area of the licensing authority; |
| |
“supply of alcohol” has the same meaning as in Part 3 of the Licensing Act |
| |
2003 (see section 14 of that Act). |
| |
| 40 |
(1) | This Chapter binds the Crown and has effect in relation to any premises |
| |
licence, or club premises certificate, which relates to land in which there is— |
| |
(a) | an interest belonging to Her Majesty in right of the Crown, |
| |
(b) | an interest belonging to a government department, or |
| |
(c) | an interest held in trust for Her Majesty for the purposes of such a |
| 45 |
| |
|
| |
|
| |
|
(2) | This Chapter also applies in relation to any premises licence, or club premises |
| |
certificate, which relates to— |
| |
(a) | land which is vested in, but not occupied by, Her Majesty in right of the |
| |
| |
(b) | land which is vested in, but not occupied by, the possessor for the time |
| 5 |
being of the Duchy of Cornwall. |
| |
(3) | Provision made by or under this Chapter applies to persons in the public |
| |
service of the Crown as it applies to other persons. |
| |
(4) | But nothing in this Chapter affects Her Majesty in Her private capacity. |
| |
139 | Amendments of the Licensing Act 2003 |
| 10 |
(1) | The Licensing Act 2003 is amended as follows. |
| |
(2) | In section 55 (fees: premises licences), after subsection (1) insert— |
| |
“(1A) | Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the |
| |
Police Reform and Social Responsibility Act 2011 (exemption from fees |
| |
for variation applications prior to introduction of late night levy).” |
| 15 |
(3) | In section 92 (fees: club premises certificates), after subsection (1) insert— |
| |
“(1A) | Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the |
| |
Police Reform and Social Responsibility Act 2011 (exemption from fees |
| |
for variation applications prior to introduction of late night levy).” |
| |
| 20 |
Parliament Square Garden and surrounding area |
| |
Repeal of SOCPA 2005 provisions |
| |
140 | Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions |
| |
(1) | Sections 132 to 138 of the Serious Organised Crime and Police Act 2005 (which |
| |
regulate demonstrations and use of loudspeakers in the vicinity of Parliament) |
| 25 |
| |
(2) | The public assemblies in relation to which section 14 of the Public Order Act |
| |
1986 applies, as a consequence of the repeal of section 132(6) of the Serious |
| |
Organised Crime and Police Act 2005, include public assemblies which started, |
| |
or were being organised, before this section comes into force. |
| 30 |
Controls on activities in Parliament Square Garden and adjoining pavements |
| |
141 | Controlled area of Parliament Square |
| |
(1) | For the purposes of this Part, the “controlled area of Parliament Square” means |
| |
the area of land that is comprised in— |
| |
(a) | the central garden of Parliament Square, and |
| 35 |
(b) | the footways that immediately adjoin the central garden of Parliament |
| |
| |
| |
|
| |
|
| |
|
“the central garden of Parliament Square” means the site in Parliament |
| |
Square on which the Minister of Works was authorised by the |
| |
Parliament Square (Improvements) Act 1949 to lay out the garden |
| |
referred to in that Act as “the new central garden”; |
| |
“footway” has the same meaning as in the Highways Act 1980 (see section |
| 5 |
| |
142 | Prohibited activities in controlled area of Parliament Square |
| |
(1) | A constable or authorised officer who has reasonable grounds for believing |
| |
that a person is doing, or is about to do, a prohibited activity may direct the |
| |
| 10 |
(a) | to cease doing that activity, or |
| |
(b) | (as the case may be) not to start doing that activity. |
| |
(2) | For the purposes of this Part, a “prohibited activity” is any of the following— |
| |
(a) | operating any amplified noise equipment in the controlled area of |
| |
| 15 |
(b) | erecting or keeping erected in the controlled area of Parliament |
| |
| |
| |
(ii) | any other structure that is designed, or adapted, (solely or |
| |
mainly) for the purpose of facilitating sleeping or staying in a |
| 20 |
| |
(c) | using any tent or other such structure in the controlled area of |
| |
Parliament Square for the purpose of sleeping or staying in that area; |
| |
(d) | placing or keeping in place in the controlled area of Parliament Square |
| |
any sleeping equipment with a view to its use (whether or not by the |
| 25 |
person placing it or keeping it in place) for the purpose of sleeping |
| |
| |
(e) | using any sleeping equipment in the controlled area of Parliament |
| |
Square for the purpose of sleeping overnight in that area. |
| |
(3) | But an activity is not to be treated as a “prohibited activity” within subsection |
| 30 |
| |
(a) | for police, fire and rescue authority or ambulance purposes, |
| |
(b) | by or on behalf of a relevant authority, or |
| |
(c) | by a person so far as authorised under section 146 to do it (authorisation |
| |
for operation of amplified noise equipment). |
| 35 |
(4) | In subsection (2)(a) “amplified noise equipment” means any device that is |
| |
designed or adapted for amplifying sound, including (but not limited to)— |
| |
| |
| |
(5) | In subsection (3)(b) “relevant authority” means any of the following— |
| 40 |
(a) | a Minister of the Crown or a government department, |
| |
(b) | the Greater London Authority, or |
| |
(c) | Westminster City Council. |
| |
(6) | It is immaterial for the purposes of a prohibited activity— |
| |
(a) | in the case of an activity within subsection (2)(b) or (c) of keeping a tent |
| 45 |
or similar structure erected or using a tent or similar structure, whether |
| |
|
| |
|
| |
|
the tent or structure was first erected before or after the coming into |
| |
| |
(b) | in the case of an activity within subsection (2)(d) or (e) of keeping in |
| |
place any sleeping equipment or using any such equipment, whether |
| |
the sleeping equipment was first placed before or after the coming into |
| 5 |
| |
(7) | In this section “sleeping equipment” means any sleeping bag, mattress or other |
| |
similar item designed, or adapted, (solely or mainly) for the purpose of |
| |
facilitating sleeping in a place. |
| |
(8) | A person who fails without reasonable excuse to comply with a direction |
| 10 |
under subsection (1) commits an offence and is liable on summary conviction |
| |
to a fine not exceeding level 5 on the standard scale. |
| |
143 | Directions under section 142: further provision |
| |
(1) | A direction requiring a person to cease doing a prohibited activity may include |
| |
a direction that the person does not start doing that activity again after having |
| 15 |
| |
(2) | A direction requiring a person not to start doing a prohibited activity continues |
| |
| |
(a) | the end of such period beginning with the day on which the direction |
| |
is given as may be specified by the constable or authorised officer |
| 20 |
| |
(b) | if no such period is specified, the end of the period of 90 days beginning |
| |
with the day on which the direction is given. |
| |
(3) | A period specified under subsection (2)(a) may not be longer than 90 days. |
| |
(4) | A direction may be given to a person to cease operating, or not to start |
| 25 |
operating, any amplified noise equipment only if it appears to the constable or |
| |
authorised officer giving the direction that the following condition is met. |
| |
(5) | The condition is that the person is operating, or is about to operate, the |
| |
equipment in such a manner as to produce sound that other persons in or in |
| |
the vicinity of the controlled area of Parliament Square can hear or are likely to |
| 30 |
| |
| |
| |
(b) | may be given to any person individually or to two or more persons |
| |
| 35 |
(c) | may be withdrawn or varied by the person who gave it. |
| |
| |
“amplified noise equipment” has the meaning given by section 142(4); |
| |
“direction” means a direction given under section 142(1). |
| |
144 | Power to seize property |
| 40 |
(1) | A constable or authorised officer may seize and retain a prohibited item that is |
| |
on any land in the controlled area of Parliament Square if it appears to that |
| |
constable or officer that the item is being, or has been, used in connection with |
| |
the commission of an offence under section 142. |
| |
|
| |
|
| |
|
(2) | A constable may seize and retain a prohibited item that is on any land outside |
| |
of the controlled area of Parliament Square if it appears to the constable that the |
| |
item has been used in connection with the commission of an offence under |
| |
| |
(3) | A “prohibited item” is any item of a kind mentioned in section 142(2). |
| 5 |
(4) | The constable or authorised officer may use reasonable force, if necessary, in |
| |
exercising a power of seizure under subsection (1) or (in the case of a constable) |
| |
| |
(5) | An item seized under this section must be returned to the person from whom |
| |
| 10 |
(a) | no later than the end of the period of 28 days beginning with the day on |
| |
which the item was seized, or |
| |
(b) | if proceedings are commenced against the person for an offence under |
| |
section 142 before the return of the item under paragraph (a), at the |
| |
conclusion of those proceedings. |
| 15 |
(6) | If it is not possible to return an item under subsection (5) because the name or |
| |
address of the person from whom it was seized is not known— |
| |
(a) | the item may be returned to any other person appearing to have rights |
| |
in the property who has come forward to claim it, or |
| |
(b) | if there is no such person, the item may be disposed of or destroyed at |
| 20 |
any time after the end of the period of 90 days beginning with the day |
| |
on which the item was seized. |
| |
(7) | Subsections (5)(b) and (6) do not apply if a court makes an order under section |
| |
145(1)(a) for the forfeiture of the item. |
| |
(8) | The references in subsections (1) and (2) to an item that is “on” any land include |
| 25 |
references to an item that is in the possession of a person who is on any such |
| |
| |
145 | Power of court on conviction |
| |
(1) | The court may do either or both of the following on the conviction of a person |
| |
(“P”) of an offence under section 142— |
| 30 |
(a) | make an order providing for the forfeiture of any item of a kind |
| |
mentioned in subsection (2) of that section that was used in the |
| |
commission of the offence; |
| |
(b) | make such other order as the court considers appropriate for the |
| |
purpose of preventing P from engaging in any prohibited activity in the |
| 35 |
controlled area of Parliament Square. |
| |
(2) | An order under subsection (1)(b) may (in particular) require P not to enter the |
| |
controlled area of Parliament Square for such period as may be specified in the |
| |
| |
(3) | Power of the court to make an order under this section is in addition to the |
| 40 |
court’s power to impose a fine under section 142(8). |
| |
|
| |
|