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
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(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
Chapter.
(3)
Any regulations under this Chapter may—
(a)
make different provision for different cases;
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(b)
make provision subject to exceptions;
(c)
make supplemental, incidental, consequential and transitional
provision.
(4)
Subsection (3) is subject to section 128(4) and 135(4).
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Interpretation
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In this Chapter—
“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;
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“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;
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“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
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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
section 11 of that Act);
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“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
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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).
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Crown application
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(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
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department.

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Part 3 — Parliament Square Garden and surrounding area
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(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
Duchy of Lancaster, and
(b)
land which is vested in, but not occupied by, the possessor for the time
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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.
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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).”
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(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).”
Part 3
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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)
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are repealed.
(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.
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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
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(b)
the footways that immediately adjoin the central garden of Parliament
Square.
(2)
In subsection (1)—

Police Reform and Social Responsibility Bill
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“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
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329(1) of that Act).
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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
person—
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(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
Parliament Square;
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(b)
erecting or keeping erected in the controlled area of Parliament
Square—
(i)
any tent, or
(ii)
any other structure that is designed, or adapted, (solely or
mainly) for the purpose of facilitating sleeping or staying in a
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place for any period;
(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
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person placing it or keeping it in place) for the purpose of sleeping
overnight in that area;
(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
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(2) if it is done—
(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).
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(4)
In subsection (2)(a) “amplified noise equipment” means any device that is
designed or adapted for amplifying sound, including (but not limited to)—
(a)
loudspeakers, and
(b)
loudhailers.
(5)
In subsection (3)(b) “relevant authority” means any of the following—
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(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
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or similar structure erected or using a tent or similar structure, whether

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the tent or structure was first erected before or after the coming into
force of this section;
(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
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force of this section.
(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
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under subsection (1) commits an offence and is liable on summary conviction
to a fine not exceeding level 5 on the standard scale.
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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
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ceased it.
(2)
A direction requiring a person not to start doing a prohibited activity continues
in force until—
(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
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giving the direction, or
(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
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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
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be able to hear.
(6)
A direction—
(a)
may be given orally,
(b)
may be given to any person individually or to two or more persons
together, and
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(c)
may be withdrawn or varied by the person who gave it.
(7)
In this section—
“amplified noise equipment” has the meaning given by section 142(4);
“direction” means a direction given under section 142(1).
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Power to seize property
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(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.

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(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
section 142.
(3)
A “prohibited item” is any item of a kind mentioned in section 142(2).
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(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)
under subsection (2).
(5)
An item seized under this section must be returned to the person from whom
it was seized—
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(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.
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(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
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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
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references to an item that is in the possession of a person who is on any such
land.
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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—
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(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
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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
order.
(3)
Power of the court to make an order under this section is in addition to the
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court’s power to impose a fine under section 142(8).