Session 2010 - 11
Internet Publications
Other Bills before Parliament

Police Reform and Social Responsibility Bill


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

93

 

(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;

5

(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).

137     

Interpretation

10

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;

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

section 11 of that Act);

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).

138     

Crown application

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

department.

 
 

Police Reform and Social Responsibility Bill
Part 3 — Parliament Square Garden and surrounding area

94

 

(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

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).”

Part 3

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

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.

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

Square.

(2)   

In subsection (1)—

 
 

Police Reform and Social Responsibility Bill
Part 3 — Parliament Square Garden and surrounding area

95

 

“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

329(1) of that Act).

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

person—

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

Parliament Square;

15

(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

20

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

25

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

30

(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).

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)—

(a)   

loudspeakers, and

(b)   

loudhailers.

(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

 
 

Police Reform and Social Responsibility Bill
Part 3 — Parliament Square Garden and surrounding area

96

 

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

5

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

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

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

20

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

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

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

35

(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).

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.

 
 

Police Reform and Social Responsibility Bill
Part 3 — Parliament Square Garden and surrounding area

97

 

(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).

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)

under subsection (2).

(5)   

An item seized under this section must be returned to the person from whom

it was seized—

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

land.

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

order.

(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).

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 18 February 2011