House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

485

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Thursday 31 March 2011

Report Stage Proceedings

Police Reform and Social Responsibility Bill, As Amended

[second DAY]

NEW CLAUSES AND AMENDMENTS TO CLAUSES, and NEW SCHEDULES,

RELATING TO PART 2

NEW CLAUSES

Power for licensing authorities to set fees

Secretary Theresa May

Added  NC1

To move the following Clause:—

‘(1)
The Licensing Act 2003 is amended as follows.

(2)
After section 197 insert—

“197A
Regulations about fees

(1)
Subsection (2) applies where the Secretary of State makes regulations

under this Act prescribing the amount of any fee.

(2)
The Secretary of State may, in determining the amount of the fee, have

regard, in particular, to—

(a)
the costs of any licensing authority to whom the fee is to be

payable which are referable to the discharge of the function to

which the fee relates, and

(b)
the general costs of any such licensing authority;


and may determine an amount by reference to fees payable to, and costs

of, any such licensing authorities, taken together.

(3)
A power under this Act to prescribe the amount of a fee includes power

to provide that the amount of the fee is to be determined by the licensing

authority to whom it is to be payable.

(4)
Regulations which so provide may also specify constraints on the

licensing authority’s power to determine the amount of the fee.

(5)
Subsections (6) and (7)—

(a)
apply where, by virtue of subsection (3), regulations provide that

the amount of a fee is to be determined by a licensing authority,

and

Report Stage Proceedings: 31 March 2011
486

Police Reform and Social Responsibility Bill, continued

(b)
are subject to any constraint imposed under subsection (4).

(6)
The licensing authority—

(a)
must determine the amount of the fee (and may from time to time

determine a revised amount),

(b)
may determine different amounts for different classes of case

specified in the regulations (but may not otherwise determine

different amounts for different cases), and

(c)
must publish the amount of the fee as determined from time to

time.

(7)
In determining the amount of the fee, the licensing authority must seek to

secure that the income from fees of that kind will equate, as nearly as

possible, to the aggregate of—

(a)
the licensing authority’s costs referable to the discharge of the

function to which the fee relates, and

(b)
a reasonable share of the licensing authority’s general costs;


and must assess income and costs for this purpose in such manner as it

considers appropriate.

197B
Regulations about fees: supplementary provision

(1)
Subsections (2) and (3) apply for the purposes of section 197A.

(2)
References to a licensing authority’s costs referable to the discharge of a

function include, in particular—

(a)
administrative costs of the licensing authority so far as they are

referable to the discharge of the function, and

(b)
costs in connection with the discharge of the function which are

incurred by the licensing authority acting—

(i)
under this Act, but

(ii)
in a capacity other than that of licensing authority

(whether that of local authority, local planning authority

or any other authority).

(3)
References to the general costs of a licensing authority are to costs of the

authority so far as they are referable to the discharge of functions under

this Act in respect of which no fee is otherwise chargeable and include,

in particular—

(a)
costs referable to the authority’s functions under section 5;

(b)
costs of or incurred in connection with the monitoring and

enforcement of Parts 7 and 8 of this Act;

(c)
costs incurred in exercising functions conferred by virtue of

section 197A.

(4)
To the extent that they prescribe the amount of a fee or include provision

made by virtue of section 197A(3) or (4), regulations may—

(a)
make provision which applies generally or only to specified

authorities or descriptions of authority, and

(b)
make different provision for different authorities or descriptions

of authority.

(5)
Subsection (4) is not to be taken to limit the generality of section 197.”.

(3)
In section 10(4) (sub-delegation of functions by licensing committee etc)—

(a)
omit “or” at the end of paragraph (c), and

Report Stage Proceedings: 31 March 2011
487

Police Reform and Social Responsibility Bill, continued

(b)
after paragraph (d) insert “or

(e)
any function conferred by virtue of section 197A

(regulations about fees).”.’.

Alcohol disorder zones: repeal

Secretary Theresa May

Added  NC2

To move the following Clause:—

‘Sections 15 to 20 of the Violent Crime Reduction Act 2006 (alcohol disorder

zones) are repealed.’.

General duties of licensing authorities

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

Withdrawn  NC3

To move the following Clause:—

‘(1)
The Licensing Act 2003 is amended as follows.

(2)
In section 4 (General duties of licensing authorities) insert—

“(2)

(a)
protecting and improving public health.”.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

Not selected  70

Page  78,  line  36  [Clause  119],  at end insert—

‘(6)
A relevant officer may give a notice under this section (a “training order”)

applying to any premises if—

(a)
there is evidence that a person (“the offender”) has committed an offence

under section 147A of the Licensing Act 2003 in relation to those

premises;

(b)
the relevant officer considers that the evidence is such that, if the offender

were prosecuted for the offence, there would be a realistic prospect of his

being convicted; and

Report Stage Proceedings: 31 March 2011
488

Police Reform and Social Responsibility Bill, continued

(c)
the offender is still, at the time when the notice is given, the holder of a

premises licence in respect of those premises, or one of the holders of

such a licence.

(7)
A training order is a notice which—

(a)
proposes a prohibition for a period not exceeding 24 hours on sales of

alcohol on the premises in question,

(b)
offers the opportunity to discharge all criminal liability in respect of the

alleged offence by the acceptance of the prohibition proposed by the

notice,

(c)
requires re-training of staff on the law on underage sales to be carried out

by a date specified by the licensing authority, and

(d)
requires evidence to be submitted to the licensing authority that training

has taken place.’.

Secretary Theresa May

Agreed to  22

Page  87,  line  26  [Clause  126],  leave out ‘authorisations’ and insert ‘premises

licences and club premises certificates’.

Secretary Theresa May

Agreed to  23

Page  89,  line  20  [Clause  130],  leave out from ‘of’ to ‘may’ in line 22 and insert

‘relevant expenses which’.

Secretary Theresa May

Agreed to  24

Page  89,  line  23  [Clause  130],  leave out third ‘the’ and insert ‘any’.

Secretary Theresa May

Agreed to  25

Page  89,  line  28  [Clause  130],  at end insert—

‘(2A)
In subsection (2)(a), “relevant expenses” means expenses incurred by a licensing

authority in the administration of the late night levy requirement including, in

particular, such expenses incurred in, in connection with or in consequence of—

(a)
any decision mentioned in section 134(1);

(b)
collection of payments of the late night levy;

(c)
enforcement of the late night levy requirement.

(2B)
Expenses incurred by a licensing authority which fall within subsection (2A)(a)

include, in particular, expenses which it incurs in connection with any application

made by virtue of section 134(2)(c).’.

Report Stage Proceedings: 31 March 2011
489

Police Reform and Social Responsibility Bill, continued

Secretary Theresa May

Agreed to  26

Page  90,  line  38  [Clause  133],  leave out ‘different’ and insert ‘any’.

Secretary Theresa May

Agreed to  27

Page  90,  line  39  [Clause  133],  after ‘apply’, insert ‘in addition to any that currently

apply, or to cease to apply,’.

Secretary Theresa May

Agreed to  28

Page  91,  line  7  [Clause  133],  leave out ‘by virtue of section 132(1)(b) or (iii)’ and

insert ‘as the result of a relevant decision’.

Secretary Theresa May

Agreed to  29

Page  91,  line  11  [Clause  133],  at end insert—

‘( )
In subsection (4)(b), “relevant decision” means a decision under—

(a)
section 132(1)(b)(ii) or (iii), or

(b)
subsection (1)(c) of this section.’.

Secretary Theresa May

Agreed to  30

Page  92,  line  41  [Clause  135],  leave out from ‘all’ to ‘that’ in line 42 and insert

‘holders of relevant late night authorisations in’.

NEW CLAUSES AND Amendments to clauses and New Schedules and

Amendments to schedules Relating to PART 3, CLAUSES 149 TO 151; AND

REMAINING PROCEEDINGS

John McDonnell

Jeremy Corbyn

Negatived on division  162

Page  94,  line  27  [Clause  140],  leave out subsection (2).

Report Stage Proceedings: 31 March 2011
490

Police Reform and Social Responsibility Bill, continued

John McDonnell

Jeremy Corbyn

Not called  163

Page  94,  line  32,  leave out Clause 141.

John McDonnell

Jeremy Corbyn

Not called  164

Page  95,  line  7,  leave out Clause 142.

John McDonnell

Jeremy Corbyn

Not called  171

Page  95,  line  7,  leave out Clause 142 and insert—

‘142
Injunctions to prevent a prohibited activity in controlled area of Parliament

Square

(1)
The High Court may grant an injunction against a person under this section if—

(a)
it is satisfied beyond reasonable doubt that the respondent has engaged

in, or is about to engage in, a prohibited activity; and

(b)
the injunction is necessary to stop the person doing a prohibited activity

or from starting a prohibited activity.

(2)
For the purposes of this part, a “prohibited activity”; is an activity—

(a)
which may result in serious public disorder or serious damage to

property; or

(b)
where the purpose of the activity is the intimidation of others with a view

to compelling them not to do an act they have a right to do, or to do an

act they have a right not to do.

(3)
A person who fails without reasonable excuse to comply with a prohibition in an

injunction order under section 143(1) is in breach of the injunction.’.

John McDonnell

Jeremy Corbyn

Not called  176

Page  95,  line  8  [Clause  142],  leave out ‘constable’ and insert ‘senior police

officer’.

John McDonnell

Jeremy Corbyn

Negatived on division  185

Page  95,  line  8  [Clause  142],  leave out ‘or authorised officer’.

John McDonnell

Jeremy Corbyn

Not called  177

Page  95,  line  12  [Clause  142],  at end insert—

Report Stage Proceedings: 31 March 2011
491

Police Reform and Social Responsibility Bill, continued

‘(1A)
In subsection (1) a “senior police officer” means the most senior in the rank of

police officers present at the scene.’.

John McDonnell

Jeremy Corbyn

Not called  195

Page  96,  line  12  [Clause  142],  leave out ‘5’ and insert ‘3’.

John McDonnell

Jeremy Corbyn

Not called  165

Page  96,  line  13,  leave out Clause 143.

John McDonnell

Jeremy Corbyn

Not called  172

Page  96,  line  13,  leave out Clause 143 and insert—

‘143
Injunctions under section 142: content and duration

(1)
A condition included in an injunction ordered by the High Court under section

142(1) may prohibit the person from—

(a)
being in the controlled area of Parliament Square for the purpose of

undertaking a prohibited activity; or

(b)
entering the controlled area of Parliament Square for the purpose of

undertaking a prohibited activity.

(2)
An injunction prohibiting a person from being in or entering the controlled area

of Parliament Square continues in force until—

(a)
the end of such period on which the injunction is made as may be

specified by the court making the injunction; or

(b)
if no period is specified, the end of the period of seven days beginning

with the day on which the injunction is made.

(3)
A period specified under subsection (2)(a) may not be longer than seven days.’.

John McDonnell

Jeremy Corbyn

Not called  178

Page  96,  line  20  [Clause  143],  leave out ‘constable’ and insert ‘senior police

officer’.

John McDonnell

Jeremy Corbyn

Not called  193

Page  96,  line  22  [Clause  143],  leave out ‘90 days’ and insert ‘seven days’.

John McDonnell

Jeremy Corbyn

Not called  194

Page  96,  line  24  [Clause  143],  leave out ‘90 days’ and insert ‘seven days’.



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