Policing and Crime Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| Page 4, leave out lines 16 to 40 and insert— |
| ""(2) | Any appointment of an Assistant Commissioner shall be made by the Commissioner of Police of the Metropolis, subject to regulations under section 50. |
| (2A) | Before appointing an Assistant Commissioner the Commissioner of Police of the Metropolis shall— |
| (a) | consult the Metropolitan Police Authority, and |
| (b) | obtain the approval of the Secretary of State." |
| (3) | In section 9FA (Deputy Assistant Commissioners of Police of the Metropolis) for subsection (2) substitute— |
| "(2) | Any appointment of a Deputy Assistant Commissioner shall be made by the Commissioner of Police of the Metropolis, subject to regulations under section 50. |
| (2A) | Before appointing a Deputy Assistant Commissioner the Commissioner of Police of the Metropolis shall— |
| (a) | consult the Metropolitan Police Authority, and |
| (b) | obtain the approval of the Secretary of State." |
| (4) | In section 9G (Commanders in the metropolitan police force) for subsection (2) substitute— |
| "(2) | Any appointment of a Commander in the metropolitan police force shall be made by the Commissioner of Police of the Metropolis, subject to regulations under section 50. |
| (2A) | Before appointing a Commander in the metropolitan police force the Commissioner of the Police of the Metropolis shall— |
| (a) | consult the Metropolitan Police Authority, and |
| (b) | obtain the approval of the Secretary of State."" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| Page 16, line 39, after "person" insert "aged 18 or over" |
| Page 17, line 3, leave out "period of three months" and insert "one week" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| Page 138, line 22, after "practicable" insert "and in any event within 24 hours after the offender's arrest" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| Insert the following new Clause— |
| | "Decriminalisation of associated workers in brothels |
| (1) | The Sexual Offences Act 1956 (c. 69) is amended as follows. |
| (2) | After section 33A insert— |
| "33B | Associated workers in brothels |
| | For the purposes of section 33 and 33A, a person who is not directly involved in the provision of sexual services is not to be treated as assisting in the management of a brothel by reason only of being employed in a brothel."." |
| Insert the following new Clause— |
| (1) | The Sexual Offences Act 1956 (c. 69) is amended as follows. |
| (2) | After section 33A insert— |
| "33B | Definition of a brothel |
| (1) | Premises shall not be regarded as a brothel where— |
| (a) | no more than two prostitutes, with or without a maid, are working together or separately on any given day; and |
| (b) | each prostitute retains control over her or his individual earnings from the prostitution carried out at the premises. |
| (2) | In this section "prostitute" has the meaning given by section 51(2) of the Sexual Offence Act 2003."." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| Page 142, line 23, at end insert ", and |
| (c) | that any persons identified under paragraph (b) have been consulted," |
| Page 142, line 24, leave out lines 24 to 27 |
| Page 142, line 27, at end insert— |
| "( ) | In authorising the issue of a closure notice, the authorising officer must have regard to the views of any persons consulted under subsection (7)(c)." |
| Page 143, line 43, leave out "two" and insert "three" |
| Page 144, line 17, at end insert ", and that no other measures will prevent the premises from being used for such activities" |
| Page 144, line 18, leave out lines 18 to 21 |
| Page 144, line 21, at end insert— |
| "( ) | In making a closure order, the court must consider the effect of making the order on the human rights of any person who owns or resides in the premises, and anyone else likely to be affected by the order. |
| ( ) | In this section, "human rights" means the Convention rights set out in the Schedule to the Human Rights Act 1998 (c. 42)." |
| Page 144, line 21, at end insert— |
| "( ) | The third condition is that the court is satisfied that the authorising officer has satisfied himself of the identity of the interested parties and effected service on them." |
| Page 151, leave out lines 13 to 20 |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| Page 22, leave out from beginning to line 43 to end of line 14 on page 23 |
| Page 24, line 30, at end insert— |
| "( ) | After paragraph 9 insert— |
| | "Period of validity of licence in respect of a sex encounter venue |
| 9A | A licence in respect of a sex encounter venue has effect until such time as— |
| (a) | it is revoked under paragraph 17 of this schedule, or |
| (b) | if it specifies that it has effect for a limited period, that period expires."." |
| Page 24, line 30, at end insert— |
| "( ) | In paragraph 9(1) after "any licence" insert "apart from a licence in respect of a sex encounter venue,"." |
| Page 24, line 36, at end insert— |
| "( ) | In paragraph 12(5)(a) after "locality" insert "within the area defined by section 2"." |
| Page 24, line 44, at end insert— |
| "(d) | in sub-paragraph (4) the words "shall be presumed to have been so" are omitted" |
| Page 24, line 45, after "applications)" insert "(a)" |
| Page 24, line 46, at end insert— |
| "(b) | at end insert "A reasonable fee shall be defined as a reasonable fee for the administration of the relevant application in respect of the licence only"." |
| Page 25, line 26, at end insert— |
| "( ) | Paragraph 27(3) is repealed." |
| Page 25, leave out lines 27 to 30 and insert— |
| "( ) | In paragraph 27(10) the words "where the grounds for refusal are those set out in paragraph 12(3)(c) of 12(3)(d) of this Schedule" are omitted." |
| Leave out Clause 32 and insert the following new Clause— |
| | "Licensing conditions relating to alcohol |
| (1) | Section 19 of the Licensing Act 2003 (c. 17) (mandatory conditions where licence authorises supply of alcohol) is amended as follows. |
| (2) | After subsection (3) there is inserted— |
| "(4) | The third condition is that the responsible person (as defined in section 153(4)) shall ensure that staff of licensed premises must not carry out (or arrange or participate in) any promotions or activities on the premises for the purpose of promoting the supply, sale or consumption of alcohol which encourages the irresponsible drinking of alcohol, including— |
| (a) | games or other activities that require or encourage (or are designed to require or encourage) individuals to drink a quantity of alcohol against a time limit (except for finishing already purchased drinks at closing time), or to drink as much alcohol as they can (whether within a time limit or otherwise), or which encourages (or is designed to require or encourage) individuals to drink alcohol irresponsibly; |
| (b) | promotions for free or discounted alcohol to any group that is defined by sex, age, appearance, vocation, dress or numbers within the group (except any promotion or discount that is made with a table meal as defined in section 159); |
| (c) | providing unlimited or unspecified quantities of alcohol for a fixed or discounted fee which relates to alcohol and entry to the premises offers; |
| (d) | selling or supplying alcohol subject to conditions that encourage or reward (or are designed to encourage or reward) the purchase and consumption of alcohol in one 24-hour period by the awarding of a prize, including the award of free gifts or free alcohol; |
| (e) | selling or supplying alcohol for free or at a discounted price dependent upon the occurrence or non-occurrence of unpredictable events occurring or being viewed on the premises; and |
| (f) | promotions on the premises, other than those already covered by the Committte of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) advertising codes, for the sale or supply of alcohol that could be interpreted as conditioning, encouraging or glamorising irresponsible drinking or drunkenness or encouraging antisocial behaviour, or referring to the effects of alcohol intoxication in any favourable manner."." |
| | Lord Redesdale gives notice of his intention to oppose the Question that Schedule 4 be the Fourth Schedule to the Bill. |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| Page 27, line 21, leave out "two" and insert "four" |
| Page 27, line 22, leave out "on the balance of probabilities" and insert "beyond reasonable doubt" |
| Page 27, line 29, leave out paragraph (b) |
| Page 27, line 29, at end insert— |
| "( ) | The third condition is that the applicant has demonstrated that prosecution of the respondent for a criminal offence was considered but not proceeded with." |
| Page 27, line 29, at end insert— |
| "( ) | The fourth condition is that the respondent is aged 18 or over." |
| Page 27, line 33, leave out paragraph (b) |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| Page 28, line 12, leave out subsections (3) and (4) |
| Page 28, line 24, leave out "and requirements" |
| Page 28, line 29, leave out "or (3)" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| Page 28, line 33, leave out "or requirement" |
| Page 28, line 36, at end insert "except that no injunction shall remain in force for a period longer than two years from the date it is made" |
| Page 29, line 1, leave out paragraph (b) |
| Page 29, line 4, leave out "or requirement" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| Insert the following new Clause— |
| | "Annual review of injunctions |
| | An injunction granted under section 32 is subject to an annual review hearing by the court, to which the applicant and the respondent shall be permitted to attend and to make written and oral submissions." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| Page 32, line 14, at end insert— |
| "( ) | Before publishing or revising guidance issued under this section, the Secretary of State must publish its proposals in draft and consult— |
| (a) | the Lord Chief Justice; and |
| (b) | any other person whom the Secretary of State considers to be appropriate." |
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