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Violent Crime Reduction Bill


Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders

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“approved course” means a course approved by the Secretary of State for

the purposes of section 2;

“drinking banning order” means an order under section 3, 4 or 6;

“interim order” means an order under section 9;

“local authority” means—

5

(a)   

a county council in England;

(b)   

a district council in England;

(c)   

a London borough council;

(d)   

the Common Council of the City of London;

(e)   

the Council of the Isles of Scilly;

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(f)   

a county council or a county borough council in Wales;

“proper officer”—

(a)   

in relation to a magistrates’ court, means the justices’ clerk; and

(b)   

in relation to any other court, means the clerk of the court;

“relevant authority” means—

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(a)   

the chief officer of police of a police force for a police area;

(b)   

the Chief Constable of the British Transport Police Force;

(c)   

a local authority;

“relevant local court”, in relation to a drinking banning order, means a

magistrates’ court acting for the local justice area in which the subject

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normally resides;

“specified period”, in relation to a drinking banning order, means the

period specified in the order for the purposes of section 2(1) as the

period for which the order is to have effect;

“subject”, in relation to an order, means the individual against whom it is

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made;

“young person” has the same meaning as in the Children and Young

Persons Act 1933 (c. 12) (see section 107(1) of that Act).

(2)   

References in this Chapter to protecting persons from criminal or disorderly

conduct include references to protecting their property from unlawful loss or

30

damage.

(3)   

The Secretary of State may by order provide that a person of a description

specified in the order is to be regarded as a relevant authority for such

purposes of the provisions of this Chapter as are specified in the order.

(4)   

A power of the Secretary of State to make an order or regulations under this

35

Chapter shall be exercisable by statutory instrument.

(5)   

Every such power includes power—

(a)   

to make different provision for different cases;

(b)   

to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

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(c)   

to make such incidental, supplemental, consequential and transitional

provision as he thinks fit.

(6)   

No regulations shall be made under section 2 unless a draft of the regulations

has been laid before Parliament and approved by a resolution of each House.

(7)   

A statutory instrument containing—

45

(a)   

regulations under section 12 or 13, or

(b)   

an order under this section,

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones

13

 

   

shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

(8)   

The power under subsection (5) to make incidental, supplemental and

consequential provision includes power to modify so much of this section as

defines “appropriate persons”.

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Chapter 2

Alcohol Disorder Zones

15      

Power to impose charges on licence holders etc. in zones

(1)   

The Secretary of State may, by regulations, make provision for the imposition

by a local authority of charges to be paid to the authority for each month by—

10

(a)   

persons who for the whole or a part of that month held premises

licences authorising the use of premises in alcohol disorder zones in the

authority’s area for the sale of alcohol by retail; and

(b)   

clubs which for the whole or a part of that month were authorised by

virtue of club premises certificates to use premises in such zones for the

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supply of alcohol to members or guests.

(2)   

The Secretary of State may by regulations make provision requiring a local

authority that imposes charges by reference to an alcohol disorder zone to use

sums received by them in respect of those charges for the purposes specified in

or determined under the regulations.

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(3)   

The rates of charges fixed under this section must be such as the Secretary of

State considers appropriate for securing that the funds that he considers

appropriate are available (after the costs of the scheme have been met from the

charges) to be used for any purposes specified or determined under subsection

(2).

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(4)   

Regulations under this section fixing the rates of charges may fix different rates

for different descriptions of local authority, different descriptions of alcohol

disorder zones and different descriptions of premises and may do so either—

(a)   

by setting out the different rates in the regulations; or

(b)   

by specifying the methods of computing the different rates in the

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regulations.

(5)   

Regulations under this section fixing such rates—

(a)   

may authorise or require a local authority to grant discounts from the

charges; and

(b)   

must provide for exemptions from the charges for the purpose

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mentioned subsection (6).

(6)   

The only exemptions from charges for which regulations under this section

may provide are exemptions for the purpose of securing that charges are not

imposed in relation to premises where—

(a)   

the principal use to which the premises are put does not consist in or

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include the sale or supply of alcohol; and

(b)   

the availability of alcohol on those premises is not the main reason, or

one of the main reasons, why individuals enter or remain on those

premises (whether generally or at particular times of the day or on

particular days of the week, or both).

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Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones

14

 

(7)   

Regulations providing for a discount or exemption from charges may make a

discount or exemption subject to compliance with conditions which—

(a)   

are set out in the regulations; or

(b)   

are specified by the local authority in accordance with provision made

under the regulations;

5

   

and those conditions may include conditions requiring approvals to be given

in respect of premises by such persons, and in accordance with such scheme,

as may be provided for in the regulations.

(8)   

The Secretary of State may by regulations make provision about—

(a)   

the payment, collection and enforcement of charges imposed in

10

accordance with regulations under this section;

(b)   

the determination of questions about liability for such charges, about

the rate of charge applicable in relation to a particular set of premises

or about compliance with the conditions of any exemption or discount;

and

15

(c)   

appeals against decisions determining such questions.

(9)   

Such regulations may include provision—

(a)   

for interest to be charged at such rate and in such manner as may be

specified in or determined under the regulations on charges that are

overdue; and

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(b)   

for the suspension of premises licences and club premises certificates

for non payment of a charge.

(10)   

In subsection (3) the reference, in relation to any charges, to the costs of the

scheme is a reference to the costs of the arrangements made for or in connection

with the imposition, collection and recovery of those charges.

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16      

Designation of alcohol disorder zones

(1)   

A local authority may by order designate a locality in their area as an alcohol

disorder zone if they are satisfied—

(a)   

that there has been nuisance or annoyance to members of the public, or

a section of the public, or disorder, in or near that locality;

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(b)   

that the nuisance, annoyance or disorder is associated with the

consumption of alcohol in that locality or with the consumption of

alcohol supplied at premises in that locality;

(c)   

that there is likely to be a repetition of nuisance, annoyance or disorder

that is so associated; and

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(d)   

that subsection (8) allows the making of the order.

(2)   

Before designating a locality as an alcohol disorder zone, a local authority must

publish a notice—

(a)   

setting out their proposal to designate the locality; and

(b)   

inviting persons interested to make representations about the proposal,

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and about what might be included in the action plan under

subsection (4).

(3)   

That notice must require the representations to be made before the end of the

period of 28 days beginning with the day after publication of the notice.

(4)   

As soon as reasonably practicable after the end of the period for making

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representations about a proposal by a local authority to designate a locality, the

local authority and the local chief officer of police must—

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones

15

 

(a)   

prepare a document (“the action plan”) setting out the steps the taking

of which would, in their opinion, make the designation of the locality

unnecessary;

(b)   

publish the action plan in such manner as they consider appropriate for

bringing it to the attention of persons likely to be interested in it; and

5

(c)   

send a copy of the plan to every person who holds—

(i)   

a premises licence authorising the use of premises in the locality

for the sale of alcohol by retail; or

(ii)   

a club premises certificate by virtue of which authorisation is

given to the use of premises in the locality for the supply of

10

alcohol to members or guests.

(5)   

The steps set out in the action plan may include the establishment and

maintenance of a scheme for the making of payments to the local authority.

(6)   

The action plan must also contain proposals by—

(a)   

the local authority in whose area the locality to which the proposed

15

designation relates is situated, and

(b)   

the local chief officer of police,

   

about what action they will take in relation to that locality if the plan is

implemented.

(7)   

The power of the Secretary of State to make regulations under subsection (2) of

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section 15 shall be exercisable in relation to sums received by a local authority

in accordance with a scheme established under an action plan as it is

exercisable in relation to sums received by a local authority in respect of

charges imposed by virtue of regulations under that section.

(8)   

A local authority may only make an order designating a locality as an alcohol

25

disorder zone if—

(a)   

the period of 8 weeks beginning with the day after the publication of

the action plan has expired without such steps for implementing the

action plan having been taken as, in that authority’s opinion, make the

designation of the locality unnecessary; or

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(b)   

the local authority is satisfied (whether before or after the end of that

period) that the plan will not be implemented, that the steps required

by the plan are no longer being taken or that effect is no longer being

given to arrangements made in accordance with the plan.

(9)   

A local authority may not make an order designating a locality as an alcohol

35

disorder zone if the whole action plan, or the majority of the actions contained

therein, is being put into effect.

17      

Procedure for designation of zones

(1)   

An order designating an alcohol disorder zone must identify the locality being

designated either by name or, if appropriate, by describing its boundaries.

40

(2)   

A local authority who have designated a locality as an alcohol disorder zone

may by order revoke the designation.

(3)   

If a local authority consider that the locality designated by an alcohol disorder

zone should be varied, they may—

(a)   

make a proposal for the purposes of section 16 for a replacement order

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designating a locality that includes the whole or part of the locality

already designated; and

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones

16

 

(b)   

in any designation order made to give effect to that proposal, revoke

the previous designation with effect from the coming into force of the

replacement order.

(4)   

The local authority who have designated a locality as an alcohol disorder zone

and the local chief officer of police must—

5

(a)   

as soon as reasonably practicable after the end of three months from the

coming into force of the designation, and

(b)   

as soon as reasonably practicable after the end of each subsequent

period of three months,

   

together carry out a review of the need for the designation.

10

(5)   

On each such review the local authority and local chief officer of police must

consider whether it would be appropriate for any of the powers in subsections

(2) and (3) to be exercised.

(6)   

The Secretary of State may make regulations which, for the purpose of

supplementing the provisions of section 16 and this section, prescribe

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additional procedures to be followed in relation to the making or revocation of

orders for the designation of a locality as an alcohol disorder zone.

(7)   

Those regulations must include, in particular, provision requiring local

authorities to publicise the making and effect of orders designating localities as

alcohol disorder zones.

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18      

Functions of local chief officer of police

(1)   

It is the duty of a local authority to consider whether to make a proposal for the

designation of a locality as an alcohol disorder zone if the local chief officer of

police applies to them to do so.

(2)   

If on such an application the local authority decides not to make a proposal,

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they must—

(a)   

give notice of their decision (setting out their reasons) to the local chief

officer of police; and

(b)   

send a copy of that notice to the Secretary of State and to the police

authority for the police area in which the locality to which the proposal

30

relates is situated.

(3)   

A local authority which—

(a)   

are proposing to designate a locality as an alcohol disorder zone, and

(b)   

are not doing so on an application from the local chief officer of police,

   

must consult that chief officer before publishing notice of their proposal.

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(4)   

The consent of the local chief officer of police is required for the making of—

(a)   

an order designating a locality as an alcohol disorder zone; or

(b)   

the making of an order under section 17(2).

(5)   

Where the local chief officer of police does not give a consent required by

subsection (4)(a), he must give notice of his decision (setting out his reasons) to

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the Secretary of State and to the police authority for his police area.

19      

Guidance about the designation of zones

(1)   

The Secretary of State—

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 2 — Alcohol Disorder Zones

17

 

(a)   

must issue such guidance as he considers appropriate about the

manner in which local authorities, police authorities and chief officers

of police are to exercise and perform their powers and duties by virtue

of this Chapter; and

(b)   

may from time to time revise that guidance.

5

(2)   

The guidance must include guidance about what alternative steps should be

considered before a proposal is made for the designation of a locality as an

alcohol disorder zone.

(3)   

Before issuing or revising any guidance under this section, the Secretary of

State must consult—

10

(a)   

persons he considers represent the interests of local authorities;

(b)   

persons he considers represent the interests of chief officers of police;

(c)   

persons he considers represent the interests of police authorities;

(d)   

persons he considers represent the interests of holders of premises

licences;

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(e)   

persons he considers represent the interests of holders of club premises

certificates; and

(f)   

such other persons as he thinks fit.

(4)   

It shall be the duty of every local authority, police authority and chief officer of

police, in exercising their powers and duties by virtue of this Chapter, to have

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regard to the guidance for the time being in force under this section.

20      

Supplemental provisions for Chapter 2

(1)   

In this Chapter—

“alcohol disorder zone” means a locality designated as such a zone under

section 16;

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“local authority” means—

(a)   

a district council;

(b)   

a county council for an area for which there are no district

councils;

(c)   

a London borough council;

30

(d)   

the Common Council of the City of London in its capacity as a

local authority;

(e)   

the Council of the Isles of Scilly;

(f)   

a county council or a county borough council in Wales;

“local chief officer of police”, in relation to the designation of a locality as

35

an alcohol disorder zone, means the chief of police of the police force

for the police area in which that locality is situated;

“locality” includes a part of a locality.

(2)   

Expressions used in this Chapter and in the Licensing Act 2003 (c. 17) or in a

Part of that Act have the same meanings in this Chapter as in that Act or Part.

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(3)   

References in this Chapter to premises’ being in a locality (however described)

include references to their being partly in that locality.

(4)   

The powers of the Secretary of State to make regulations under this Chapter

shall be exercisable by statutory instrument.

(5)   

Those powers all include power—

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Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

18

 

(a)   

to make different provision for different cases;

(b)   

to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

(c)   

to make such incidental, supplemental, consequential and transitional

provision as he thinks fit.

5

(6)   

The Secretary of State must not make regulations containing (with or without

other provision) any provision that he is authorised to make by this Chapter

unless a draft of the regulations has been laid before Parliament and approved

by a resolution of each House.

(7)   

Subsection (5)(b) is subject to the restriction on exemptions contained in section

10

15(6).

Chapter 3

Other provisions

Licence reviews

21      

Power of police to require review of premises licence

15

After section 53 of the Licensing Act 2003 (c. 17), insert—

Summary reviews in serious cases of crime or disorder

53A     

Summary reviews on application of senior police officer

(1)   

The chief officer of police of a police force for a police area may apply

under this section to the relevant licensing authority for a review of the

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premises licence for any premises wholly or partly in that area if—

(a)   

the premises are licensed premises in relation to the sale of

alcohol by retail; and

(b)   

a senior member of that force has given a certificate that it is his

opinion that the premises are associated with serious crime or

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serious disorder or both;

   

and that certificate must accompany the application.

(2)   

On receipt of such an application, the relevant licensing authority

must—

(a)   

within 48 hours of the time of its receipt, consider under section

30

53B whether it is necessary to take interim steps pending the

determination of a review of the premises licence; and

(b)   

within 28 days after the day of its receipt, review that licence in

accordance with section 53C and reach a determination on that

review.

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(3)   

The Secretary of State must by regulations—

(a)   

require a relevant licensing authority to whom an application

for a review under this section has been made to give notice of

the review to the holder of the premises licence and to every

responsible authority;

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(b)   

prescribe the period after the making of the application within

which the notice under paragraph (a) must be given;

 
 

 
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