Police Reform and Social Responsibility Bill

REVISED
FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 9th May 2011, as follows—

Clauses 73 to 76
Schedule 10
Clauses 77 to 89
Schedule 11
Clause 90
Schedule 12
Clause 91
Schedule 13
Clauses 92 to 96
Schedule 14
Clauses 97 to 99
Schedule 15
Clause 100
Schedule 16
Clauses 101 to 152
Schedule 17
Clauses 153 to 159

[Amendments marked * are new or have been altered]

After Clause 73

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

217

Insert the following new Clause—

“Deputy Mayor for Policing and Crime: further provision

Sections 64 to 73 of this Act shall apply to the Deputy Mayor for Policing and Crime as though the Deputy Mayor for Policing and Crime were a police and crime commissioner.”

After Clause 77

LORD BRADSHAW

218

Insert the following new Clause—

“Pilot schemes (No. 2)

(1) The provisions of this Chapter shall be subject to pilot schemes in three police areas outside London before they come generally into effect.

(2) The Secretary of State shall, by order, specify—

(a) the police areas in which the pilot schemes shall be carried out;

(b) how long the pilot schemes shall last, providing the period is not less than three years; and

(c) against which criteria the pilot schemes shall be assessed.

(3) When the pilot schemes are finished the Secretary of State shall lay before both Houses of Parliament—

(a) a report containing an assessment of the pilot schemes; and

(b) a draft order bringing this Chapter generally into force.

(4) The Secretary of State may, by order, make transitional arrangements for the police areas in which the pilot schemes have been held for the period between the end of the pilot schemes and this Chapter coming generally into force.”

LORD BLENCATHRA

[Amendments 219 to 220 are amendments to Amendment 218]

219

Line 3, leave out “three police areas outside London” and insert “Cumbria, Cleveland and Dyfed-Powys”

LORD ELYSTAN-MORGAN

LORD MORRIS OF ABERAVON

LORD WIGLEY

219A

Line 3, leave out “three police areas outside London” and insert “North Wales, Dyfed-Powys, South Wales and Gwent”

LORD BLENCATHRA

220

Line 6, leave out paragraph (a)

After Clause 78

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

220ZZA*

Insert the following new Clause—

“Standards Board guidance

(1) Section 57 of the Local Government Act 2000 (Standards Board for England) is amended as follows.

(2) In subsection (5) for paragraph (b) substitute—

“(b) may issue guidance on matters relating to—

(i) the conduct of chief commissioners, members and co-opted members of police and crime panels and the Police Commissions in England and Wales; and

(ii) the qualifications and or experience that monitoring officers should possess.”

(3) In subsection (5) omit paragraph (c)”

Clause 79

BARONESS HENIG

220ZA

Page 49, line 8, at beginning insert “Subject to subsection (1A),”

220ZB

Page 49, line 13, at end insert—

“(1A) In any financial year in which the Secretary of State decides to issue a new or revised strategic policing requirement, it must be issued before the end of September in that year.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

220ZC

Page 49, line 14, leave out from “police” to “the” in line 15 and insert “and the police and crime commissioner must, in exercising their functions, take into account”

LORD BEECHAM

220A

Page 49, line 14, after “police” insert “and a police and crime commissioner”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

221

Page 49, line 15, leave out “have regard to” and insert “follow”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

221A

Page 49, line 15, leave out “have regard” and insert “strictly adhere”

BARONESS HENIG

221B

Page 49, line 15, at end insert—

“( ) A Police Commission must have regard to the strategic policing requirement in exercising its functions, but it is for the police and crime commissioner to ensure that the strategic policing requirement is incorporated within the police and crime plan in accordance with section 5.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

222

Page 49, line 24, at end insert—

“(c) must identify national threats based on objective criteria and draw up the strategic policing requirement based on them.”

BARONESS HAMWEE

LORD SHIPLEY

223

Page 50, line 3, after “importance” insert “(and any matter within the functions of the Serious Organised Crime Agency under the Serious Organised Crime and Police Act 2005 shall be deemed to be such a threat)”

224

Page 50, line 4, leave out “can” and insert “is most likely to”

225

Page 50, line 5, leave out “only”

BARONESS WALMSLEY

BARONESS HARRIS OF RICHMOND

225ZA

Page 50, line 6, at end insert “, or

(c) a threat which requires England and Wales police forces to exercise one or more functions to safeguard and promote the welfare of children as defined in section 11(2)(a) of the Children Act 2004.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

225ZB

Page 50, line 6, at end insert—

“(7) Her Majesty’s Inspectors of Constabulary have a duty to report annually on how each police and crime commission, and the Mayor’s Office for Policing and Crime, is fulfilling the strategic policing requirement.

(8) There is a duty on the police and crime commission and the Metropolitan Commissioner to have regard to the findings of this report.”

Clause 80

LORD BLENCATHRA

225A

Page 50, line 10, leave out from “be” to end of line 11 and insert “necessary to prevent the safety of people in a police area from being put at risk”

BARONESS HAMWEE

LORD SHIPLEY

226

Page 50, line 11, leave out “the efficiency and effectiveness of the police” and insert “safety and security”

Clause 81

LORD BEECHAM

226A

Page 50, line 25, after “means” insert—

“( ) the Local Government Authority;

( ) the Welsh Local Government Authority;

( ) any body representing police and crime panels;

( ) any other body the Secretary of State deems appropriate; and

( ) ”

Clause 82

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

226AA

Page 50, line 30, leave out paragraph (a)

LORD BEECHAM

226B

Page 50, line 31, leave out paragraphs (b) and (c)

Clause 83

LORD BEECHAM

226C

Page 50, line 37, leave out subsection (3) and insert—

“(3) Before subsection (1) insert—

“(A1) The Secretary of State may require a Police Commission to suspend from duty the chief constable of the police force in the Police Commission’s police area.”.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

227

Page 51, line 2, after “may” insert “, in the interests of efficiency or effectiveness,”

228

Page 51, line 12, after “force” insert “and in the interests of efficiency or effectiveness”

Clause 84

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

228A

Page 52, line 27, leave out subsection (2)

BARONESS HENIG

228B

Page 52, line 28, leave out subsection (3)

228C

Page 52, leave out lines 36 to 39 and insert—

“(2BB) The local policing body for a police area may at any time request the inspectors of constabulary to carry out an inspection under this section of that local policing body; and a request under this subsection may include a request for the inspection to be confined to a particular part or component of the local policing body, to particular matters or to particular activities of that local policing body.”

Clause 86

LORD HARRIS OF HARINGEY

229

Page 53, line 39, at end insert—

“( ) In sub-paragraph (1) omit “from time to time” and insert “on a regular basis or as often as he deems necessary”.”

230

Page 54, line 19, at end insert—

“( ) After sub-paragraph (3) insert—

“(3A) Any inspection programme or framework must include a review of the extent to which each chief constable is meeting the obligations of the strategic policing requirement.””

Schedule 11

LORD BEECHAM

230A

Page 144, line 2, leave out sub-paragraph (2) and insert—

“(2) In subsection (1)(c) for “police authority” substitute “police and crime commissioner”.”

230B

Page 144, line 2, at end insert—

“( ) After subsection (1)(c) insert—

“(ca) every police and crime panel any part of whose police area so lies;”.”

230C

Page 144, line 41, at end insert—

“( ) In subsection (5) at the end of the definition of “fire and rescue authority” insert—

““police and crime commissioner” means any police and crime commissioner established under the Police Reform and Social Responsibility Act 2011; and

“police and crime panel” means any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011.”.”

BARONESS HAMWEE

LORD SHIPLEY

231

Page 146, line 15, leave out paragraph 5

Before Clause 90

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

231A

Insert the following new Clause—

“Status of British Transport Police Force

(1) After section 1(2)(c) of the Police Act 1996 insert—

“(d) the area over which the British Transport Police Force has jurisdiction.”

(2) In section 30 of that Act insert—

“(2A) A member of the British Transport Police Force shall have all the powers and privileges of a constable throughout England and Wales and Scotland and the adjacent United Kingdom waters.”

(3) In section 101 of that Act, in the definition of “chief officer of police” insert—

“(d) in relation to the British Transport Police Force, the Chief Constable of that Force;”.

(4) In section 1(2) of the Police (Property) Act 1997, in inserted section (2B) insert—

“(d) the British Transport Police Authority,”.

(5) Omit section 100 of the Anti-terrorism, Crime and Security Act 2001.”

231B

Insert the following new Clause—

“Application of Sexual Offences Act 2003 to British Transport Police Force

(1) The Sexual Offences Act 2003 is amended as follows.

(2) In section 104 insert—

“(5A) The Chief Constable of the British Transport Police Force may make a complaint under subsection (5) where the person is in, or is intending to come to, an area within the jurisdiction of the British Transport Police Force (as defined by section 31 of the Railways and Transport Safety Act 2003) or where the act referred to in subsection (5)(b) has occurred within that jurisdiction.”

(3) In section 123 insert—

“(1A) The Chief Constable of the British Transport Police Force may make a complaint under subsection (1) where the person is in, or is intending to come to, an area within the jurisdiction of the British Transport Police Force (as defined by section 31 of the Railways and Transport Safety Act 2003) or where the act referred to in subsection (1)(a) has occurred within that jurisdiction.”

Schedule 12

BARONESS HAMWEE

LORD SHIPLEY

232

Page 149, line 28, at end insert—

“(d) the views of the police and crime panel for the area in question established under the Police Reform and Social Responsibility Act 2011”

After Clause 95

LORD BLENCATHRA

233

Insert the following new Clause—

“Application of health and safety enactments to police

(1) No police and crime commissioner nor chief officer of police shall be liable for prosecution under any health and safety enactment in the performance of their duties.

(2) No police and crime commissioner nor chief officer of police shall be liable for damages or compensation for any injuries caused as a result of a breach of health and safety law in the performance of their duties, save where it is proved that the individual acted maliciously or with reckless disregard for the safety of others.

(3) A police officer in the execution of the officer’s duty who believes that an action or actions are necessary—

(a) to prevent crime,

(b) to prevent risk to the health and welfare of others, or

(c) to save the lives of others,

shall not be prevented from taking that action or actions by the intervention of any other public official, of whatever rank, who alleges that there is a health and safety risk to the officer.

(4) It shall be an offence for any public official to obstruct a police officer in the execution of the officer’s duty when the officer has decided under subsection (3) that an action or actions are necessary.

(5) A police officer who has come to a decision under subsection (3) shall have no authority to compel others to join with the officer in the action or actions.

(6) Sections 1, 2 and 5 of the Police (Health and Safety) Act 1997 are repealed.

(7) Her Majesty’s Inspectorate of Constabulary shall issue general guidance on health and safety matters to all police forces for every police area listed in Schedule 1 to the Police Act 1996 (police areas).

(8) A breach of the guidance issued under subsection (7) by any officer of the rank of constable may result in disciplinary action but shall not result in any prosecution or civil action.

(9) A police and crime commissioner shall not be liable for prosecution nor civil action because of any breach of the guidance issued under subsection (7).”

After Clause 96

LORD LESTER OF HERNE HILL

233A

Insert the following new Clause—

“Exemption from civil proceedings for trespass brought by offender

(1) Section 329 of the Criminal Justice Act 2003 (civil proceedings for trespass to the person brought by offender) is amended as follows.

(2) In subsection (1)(b), at the end insert “, and”.

(3) After subsection (1)(b) insert—

“(c) at the material time, the defendant was not a constable acting in the course of his or her duty.””

Schedule 14

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

234

Page 164, leave out lines 34 and 35 and insert—

“(b) the chief constable who is the appropriate authority in relation to the relevant complaint, in any other case relating to a police force maintained under section 2 of the Police Act 1996; or

(c) the Mayor’s Office for Policing and Crime, in any other case where the relevant complaint relates to the metropolitan police force.

(1A) For the purpose of subsection (1)(c) the Mayor’s Office for Policing and Crime shall have access to all information and systems where complaints are recorded.”

Clause 97

BARONESS HENIG

234ZZA

Page 62, line 11, leave out “police and crime commissioner” and insert “Police Commission”

234ZZB

Page 62, line 14, leave out “police and crime commissioner” and insert “Police Commission”

234ZZC

Page 62, line 32, leave out ““police and crime commissioner”” and insert ““Police Commission””

234ZZD

Page 62, line 44, leave out “police and crime commissioner” and insert “Police Commission”

Clause 98

BARONESS HENIG

234ZZE

Page 63, line 9, leave out subsection (3)

Schedule 15

BARONESS HARRIS OF RICHMOND

234ZZF

Page 166, line 37, at end insert “or a police and crime commissioner established under section 1, or the Mayor’s Office for Policing and Crime established under section 3”

Schedule 16

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

234ZA

Page 184, line 9, at end insert—

“92A In section 54(3)(a), after “force,” insert “including the British Transport Police Force,”.”

234ZB

Page 184, line 28, at end insert—

“(c) a person employed by the Chief Constable of the British Transport Police Force;”.”

BARONESS HENIG

LORD HARRIS OF HARINGEY

234A

Page 197, line 30, leave out “, 2 or 4”

234B

Page 197, leave out lines 44 and 45

234C

Page 198, line 6, leave out from beginning to first “the” in line 8

234D

Page 198, leave out lines 17 to 21

234E

Page 198, line 25, leave out “, or the chief officer of police,”

234F

Page 198, line 27, leave out “or chief officer”

234G

Page 198, line 29, leave out “or chief officer”

234H

Page 198, line 31, leave out “or chief officer”

234J

Page 198, line 43, leave out from beginning to end of line 4 on page 199

234K

Page 199, line 6, leave out “or a chief officer of police”

234L

Page 199, line 7, leave out “, (1C)”

234M

Page 199, line 8, leave out “, (1C)”

234N

Page 199, line 10, leave out “(1C)”

234P

Page 199, leave out lines 18 to 21

234Q

Page 204, leave out lines 29 to 31

BARONESS HENIG

234R

Page 211, line 25, leave out sub-paragraph (i)

234S

Page 211, line 33, leave out paragraph (c)

BARONESS HAMWEE

LORD SHIPLEY

234T

Page 213, line 40, after “body” insert “in conjunction with the police and crime panel”

234U

Page 213, line 42, after “body” insert “in conjunction with the police and crime panel”

234V

Page 214, line 2, after “body” insert “in conjunction with the police and crime panel”

234W

Page 214, line 4, after “body” insert “in conjunction with the police and crime panel”

234X

Page 214, line 5, after “body” insert “in conjunction with the police and crime panel”

234Y

Page 214, line 10, after “body” insert “in conjunction with the police and crime panel”

234Z

Page 214, line 11, after “body” insert “in conjunction with the police and crime panel”

234AA

Page 214, line 13, after “body” insert “in conjunction with the police and crime panel”

234AB

Page 214, line 17, after “body” insert “in conjunction with the police and crime panel”

234AC

Page 214, line 19, after “body” insert “in conjunction with the police and crime panel”

234AD

Page 214, line 21, after “body” insert “in conjunction with the police and crime panel”

234AE

Page 214, line 23, after “body” insert “in conjunction with the police and crime panel”

234AF

Page 214, line 25, after “body” insert “in conjunction with the police and crime panel”

234AG

Page 214, line 26, after “body” insert “in conjunction with the police and crime panel”

234AH

Page 214, line 33, after “body” insert “in conjunction with the police and crime panel”

234AJ

Page 214, line 35, after “body” insert “in conjunction with the police and crime panel”

234AK

Page 214, line 36, after “body” insert “in conjunction with the police and crime panel”

234AL

Page 214, line 38, after “body” insert “in conjunction with the police and crime panel”

234AM

Page 214, line 39, after “body” insert “in conjunction with the police and crime panel”

234AN

Page 214, line 42, after “body” insert “in conjunction with the police and crime panel”

234AP

Page 214, line 45, after “body” insert “in conjunction with the police and crime panel”

234AQ

Page 215, line 2, after “body” insert “in conjunction with the police and crime panel”

234AR

Page 215, line 5, after “body” insert “in conjunction with the police and crime panel”

234AS

Page 215, line 6, after “body” insert “in conjunction with the police and crime panel”

234AT

Page 215, line 8, after “body” insert “in conjunction with the police and crime panel”

234AU

Page 215, line 10, after “body” insert “in conjunction with the police and crime panel”

234AV

Page 215, line 12, after “body” insert “in conjunction with the police and crime panel”

234AW

Page 215, line 14, after “body” insert “in conjunction with the police and crime panel”

234AX

Page 215, line 15, after “body” insert “in conjunction with the police and crime panel”

234AY

Page 215, line 16, after “body” insert “in conjunction with the police and crime panel”

234AZ

Page 215, line 20, after “body” insert “in conjunction with the police and crime panel”

234BA

Page 215, line 23, after “body” insert “in conjunction with the police and crime panel”

234BB

Page 215, line 24, after “body” insert “in conjunction with the police and crime panel”

234BC

Page 215, line 26, after “body” insert “in conjunction with the police and crime panel”

234BD

Page 215, line 28, after “body” insert “in conjunction with the police and crime panel”

234BE

Page 215, line 29, after “body” insert “in conjunction with the police and crime panel”

After Schedule 16

BARONESS FINLAY OF LLANDAFF

235

Insert the following new Schedule—

“SCHEDULE Youth rehabilitation orders: alcohol monitoring requirement

1 The Criminal Justice and Immigration Act 2008 is amended as follows.

2 In section 1 (youth rehabilitation orders), after subsection (1)(n) insert—

“(na) an alcohol monitoring requirement (see paragraph 24A of that Schedule),”.

3 (1) Schedule 1 (further provision about youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert—

“(ka) paragraph 24A(2) (alcohol monitoring requirement), and”.

(3) In paragraph 34(4) (provision of copies of orders), after the entry for “an intoxicating substance treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under paragraph 24A(1)”.
4 (1) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 3(1) (duty to give warning), after “youth rehabilitation order”, insert “, other than an order imposing an alcohol monitoring requirement,”.

(3) After paragraph 4, insert—

“Breach of an alcohol monitoring requirement

4A If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement, the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of that failure.”.

(4) In paragraph 21(1) (warrants), after “by virtue of this Schedule” insert “or under paragraph 4A”.”

236

Insert the following new Schedule—

“SCHEDULE Alcohol monitoring requirement

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 177 (community orders)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”.

3 In section 182 (licence conditions)—

(a) in subsection (1), after paragraph (f), insert—

“(fa) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”.

4 In section 185 (intermittent custody: licence conditions), in subsection (1), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”.

5 In section 190 (imposition of requirements by suspended sentence order)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”,

(c) in subsection (4), after “an alcohol treatment requirement,” insert “an alcohol monitoring requirement”.

6 In section 238 (power of court to recommend licence conditions), after subsection (1), insert—

“(1A) That may include a recommendation that the offender should be required to refrain from consuming alcohol, including a requirement that the offender submit to testing.”.

7 In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and

(iii) a condition requiring the prisoner to refrain from consuming alcohol, including a requirement that the prisoner must submit to testing.”.

8 (1) Schedule 8 (breach, revocation or amendment of community order) is amended in accordance with this paragraph.

(2) In paragraph 5 (duty to give warning), in sub-paragraph (1), after the words “community order”, insert “, other than a community order imposing an alcohol monitoring requirement”.

(3) After paragraph 6, insert—

“Breach of an alcohol monitoring requirement

6A(1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement, the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”.

9 (1) Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) is amended in accordance with this paragraph.

(2) In paragraph 4 (duty to give warning), in sub-paragraph (1), after “a suspended sentence order”, insert “, other than an alcohol monitoring requirement”.

(3) After paragraph 5, insert—

“Breach of an alcohol monitoring requirement

5A(1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement of a suspended sentence order the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any suspended sentence order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”.

10 In Schedule 14 (persons to whom copies of requirements to be provided in particular cases), after the entry for “an alcohol treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under section 212A(1)”.”

Clause 103

BARONESS HAMWEE

LORD SHIPLEY

237

Page 65, line 21, at end insert—

““shadow period” means the period of one year provided by section (Shadow operation) in respect of each police area”

Clause 104

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

237ZA

Page 66, line 18, at end insert—

“(aa) after paragraph (a) insert—

“(aa) the Chief Constable of the British Transport Police Force, for any premises situated in the area in which that Force has jurisdiction,”,”

After Clause 104

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

237A

Insert the following new Clause—

“General duties of licensing authorities

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

(2) In section 4(2), after paragraph (d) insert—

“(e) protecting and improving public health”.”

Clause 106

LORD CLEMENT-JONES

VISCOUNT ASTOR

237B

Page 67, line 11, leave out paragraphs (a) to (c) and insert “for paragraphs (a) to (e) of subsection (3) substitute—

“(a) a person who lives sufficiently close to the premises to be likely to be affected by the authorised activities,

(b) a person who has a business interest that might be affected by the authorised activities,

(c) anyone representing persons who satisfy the requirements of paragraph (a) or (b),”.”

LORD PALMER OF CHILDS HILL

238

Page 67, line 17, after “area” insert “or in an adjoining area”

239

Page 67, line 24, after “who” insert “live, or are involved in a business, in the relevant licensing authority’s area or in an adjoining area and”

VISCOUNT ASTOR

LORD CLEMENT-JONES

 

The above-named Lords give notice of their intention to oppose the Question that Clause;106 stand part of the Bill.

Clause 108

LORD CLEMENT-JONES

VISCOUNT ASTOR

239A

Page 69, line 7, leave out paragraphs (a) to (c) and insert “for paragraphs (a) to (e) of subsection (3) substitute—

“(a) a person who lives sufficiently close to the premises to be likely to be affected by the authorised activities,

(b) a person who has a business interest that might be affected by the authorised activities,

(c) anyone representing persons who satisfy the requirements of paragraph (a) or (b),”.”

Clause 110

VISCOUNT ASTOR

LORD CLEMENT-JONES

240

Page 70, line 23, leave out subsection (2)

LORD CLEMENT-JONES

VISCOUNT ASTOR

240A

Page 71, line 3, leave out subsections (11) to (13)

LORD CLEMENT-JONES

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

 

The above-named Lords give notice of their intention to oppose the Question that Clause;110 stand part of the Bill.

Clause 111

LORD CLEMENT-JONES

VISCOUNT ASTOR

240B

Page 71, line 22, leave out subsections (3) to (5)

 

The above-named Lords give notice of their intention to oppose the Question that Clause 111 stand part of the Bill.

Clause 112

LORD CLEMENT-JONES

VISCOUNT ASTOR

 

The above-named Lords give notice of their intention to oppose the Question that Clause 112 stand part of the Bill.

Clause 113

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

240BA

Page 72, line 20, at end insert “including the Chief Constable of the British Transport Police Force,”

LORD CLEMENT-JONES

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

 

The above-named Lords give notice of their intention to oppose the Question that Clause;113 stand part of the Bill.

Clause 114

BARONESS HAMWEE

LORD SHIPLEY

240C

Page 73, line 44, at end insert—

“(iii) any standard conditions imposed under section 106B,”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240D

Page 73, line 44, at end insert—

“(iii) any standard conditions imposed under section 106B, and

(aa) in the case where a premises licence or club premises certificate is in force in respect of the premises used for the licensable activity, the licensable activity is carried out in accordance with any conditions to which the premises licence or club premises certificate is subject (except where those conditions are inconsistent with the carrying out of the licensable activities in question), and”

BARONESS HAMWEE

LORD SHIPLEY

240E

Page 73, line 44, at end insert—

“(aa) in the case where a premises licence or club premises certificate is in force in respect of the premises used for the licensable activity, the licensable activity is carried out in accordance with any conditions to which the premises licence or club premises certificate is subject (except where those conditions are inconsistent with the carrying out of the licensable activities in question), and”

BARONESS HAMWEE

LORD SHIPLEY

LORD HUNT OF KINGS HEATH

LORD ROSSER

240F

Page 74, line 34, at end insert—

“(3A) After section 106A (as inserted by subsection (3)) insert—

“106B Standard conditions on temporary event notices

(1) A licensing authority may, if the authority considers it appropriate for the promotion of the licensing objectives to do so, prescribe standard conditions which, in accordance with subsections (2) to (5), may be applied to any temporary event notice.

(2) The relevant licensing authority may impose one or more of its standard conditions on a standard temporary event notice if—

(a) the authority considers it appropriate for the promotion of the licensing objectives to do so, and

(b) the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.

(3) Where the authority decides to impose one or more standard conditions under subsection (2)—

(a) the authority must give the premises user notice of the decision,

(b) the notice must be accompanied by a separate statement (the “statement of standard conditions”) which sets out the standard conditions that have been imposed on the temporary event notice, and

(c) a copy of the notice and statement of standard conditions must be given to each relevant party.

(4) The notice and statement of standard conditions under subsection (3) must—

(a) be in the prescribed form,

(b) be given to the premises user in the prescribed manner, and

(c) be given no later than 24 hours before the beginning of the event period specified in the temporary event notice.

(5) Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by subsection (2) must be exercised by those authorities jointly.””

240G

Page 74, line 38, after “106A(3)” insert “or any statement of standard conditions given under section 106B(3)”

240H

Page 74, line 41, after “106A(3)” insert “or any statement of standard conditions given under section 106B(3)”

240J

Page 75, line 10, after “106A(3)” insert “or a statement of standard conditions given under section 106B(3)”

Clause 116

BARONESS HAMWEE

LORD SHIPLEY

240K

Page 78, line 1, leave out subsection (2)

LORD CLEMENT-JONES

VISCOUNT ASTOR

 

The above-named Lords give notice of their intention to oppose the Question that Clause 116 stand part of the Bill.

Before Clause 119

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240KA*

Insert the following new Clause—

“Allowing the sale of alcohol to children

In section 147 of the Licensing Act 2003—

“(6) A relevant officer may give a notice requiring a person who has committed an offence under this section to attend a prescribed training course.

(7) The Secretary of State must make regulations to provide for training orders for people who commit an offence under subsection (1) of this section.”

Clause 119

LORD CLEMENT-JONES

VISCOUNT ASTOR

240L

Page 78, line 27, leave out subsection (3)

After Clause 119

BARONESS COUSSINS

BARONESS FINLAY OF LLANDAFF

240M

Insert the following new Clause—

“Purchase of alcohol on behalf of children

(1) In section 149(7)(b) of the Licensing Act 2003, for “level 5 on the standard scale” substitute “£10,000”.

(2) The amendment made by this section applies in relation to offences that are committed on or after the commencement of this section.”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240N

Insert the following new Clause—

“Training orders for persistently selling alcohol to children

After section 147B of the Licensing Act 2003, insert—

“147C Training orders for persistently selling alcohol to children

(1) 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 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

(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.

(2) 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 under-age 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.”.”

Clause 120

LORD CLEMENT-JONES

VISCOUNT ASTOR

240P

Page 79, line 11, leave out “appropriate” and insert “necessary”

LORD CLEMENT-JONES

240PA*

Page 79, line 15, leave out “and club premises certificates”

240PB*

Page 79, leave out lines 19 to 22

240PC*

Page 79, line 23, leave out “(2)(a) and (b)” and insert “(2)”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240Q

Page 79, line 25, leave out “midnight” and insert “1am”

LORD CLEMENT-JONES

240QA*

Page 79, line 28, leave out “or club premises certificate”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240R

Page 79, line 28, leave out “, or a temporary event notice is given,”

LORD CLEMENT-JONES

240RA*

Page 79, line 36, leave out “limited or unlimited period” and insert “period of not more than two years or less as may be specified”

240RB

Page 79, line 41, at end insert—

“(e) the date on which it is to cease”

240RC*

Page 80, line 21, leave out “or club premises certificate”

240S

[Withdrawn]

LORD CLEMENT-JONES

240SA*

Page 80, line 25, leave out “or club premises certificate”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240T

Page 80, line 29, at end insert “, and

(e) the holder of a personal licence in respect of affected premises”

LORD CLEMENT-JONES

240TA

Page 81, line 38, at end insert—

“(3) Subject to subsection (2) above, the licensing authority shall also—

(a) notify all premises licence holders subject to the early morning alcohol restriction order that hours granted under the premises licences subject to that order are suspended during the application of that order, and

(b) that any conditions attached to those hours subject to the early morning alcohol restriction order are also suspended.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240U

Page 81, leave out lines 45 and 46

BARONESS HAMWEE

LORD SHIPLEY

LORD ROSSER

LORD STEVENSON OF BALMACARA

240V

Page 81, line 45, leave out from beginning to end of line 4 on page 82 and insert—

“(1) Regulations may prescribe—

(a) particular kinds of premises in relation to which, if a licensing authority so decides, the effect of the early morning restriction order does not apply (“permitted exemption categories”);

(b) particular days in relation to which, if a licensing authority so decides, the effect of the early morning restriction order does not apply (“permitted exempted days”).

(2) References in subsection (1) to a decision of a licensing authority are to a decision by the licensing authority under section 172A that the category or day in question is to apply in its area.”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240W

Page 81, line 46, at end insert—

“( ) Prescribed cases or circumstances mentioned in subsection (1) includes New Year’s Eve.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240X

Page 82, leave out lines 1 to 4 and insert—

“(2) The Secretary of State may make regulations to prescribe—

(a) particular kinds of premises in relation to which the effect of the early morning restriction order does not apply (“permitted exemption categories”), and

(b) particular days in relation to which the effect of the early morning restriction does not apply (“permitted exemption days”),

which a licensing authority may decide is relevant to a particular application and order made under section 172A of this Act.”

VISCOUNT ASTOR

LORD CLEMENT-JONES

 

The above-named Lords give notice of their intention to oppose the Question that Clause;120 stand part of the Bill.

Clause 121

240Y

[Withdrawn]

BARONESS HAMWEE

LORD SHIPLEY

LORD STEVENSON OF BALMACARA

240Z

Page 82, line 35, leave out from beginning to end of line 2 on page 83

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240XA

Page 82, line 36, at end insert “, where this is requested by the fee-payer”

BARONESS HAMWEE

LORD SHIPLEY

240XB

Page 83, line 9, leave out “21 days” and insert “eight weeks”

240XC

Page 83, leave out lines 32 to 43

240XD

Page 84, line 6, leave out “21 days” and insert “eight weeks”

Clause 122

BARONESS HAMWEE

LORD SHIPLEY

240XE

Page 84, line 15, leave out “prescribing” and insert “regarding”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240XF

Page 84, leave out line 21

BARONESS HAMWEE

LORD SHIPLEY

240XG

Page 84, leave out lines 24 to 26

LORD CLEMENT-JONES

240XH

Page 84, line 27, leave out “may” and insert “shall”

VISCOUNT ASTOR

LORD CLEMENT-JONES

241

Page 85, leave out line 3

LORD CLEMENT-JONES

241ZZA

Page 85, line 5, at end insert—

“(8) The Secretary of State shall lay guidance which covers—

(a) how local authorities shall calculate fees,

(b) what activities it is reasonable to include in the fee calculation,

(c) how information relating to the fee calculation shall be made public to licensees, and

(d) mechanisms for licensees to appeal fee decisions.”

LORD CLEMENT-JONES

VISCOUNT ASTOR

241ZA

Page 85, leave out lines 15 to 17

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

241ZB*

Page 85, line 17, at end insert “, and

( ) the costs of social services and trading standards when discharging their functions as responsible authorities under this Act”

Clause 123

LORD BROOKE OF SUTTON MANDEVILLE

241ZC*

Page 86, line 39, at end insert—

“( ) In section 9(1) after “of” insert “not less than”.”

Clause 125

BARONESS FINLAY OF LLANDAFF

BARONESS HAYTER OF KENTISH TOWN

241A

Page 87, line 44, at end insert—

“( ) The review must also assess the impact of those sections on the incidence of drink driving.

( ) If the review indicates that those sections have contributed to an increase in drink driving, the Secretary of State shall—

(a) make regulations under section 11 of the Road Traffic Act 1988 (interpretation of sections 4 to 10) to lower the prescribed limits of alcohol in breath, blood and urine; and

(b) undertake to make it an offence for drivers who have held licences for two years or less to drive or attempt to drive with any level of alcohol in their breath, blood or urine.”

BARONESS HAYTER OF KENTISH TOWN

241B

Page 87, line 44, at end insert—

“( ) The review must also assess the impact of those sections on the incidence of drink driving.

( ) If the review indicates that those sections have contributed to an increase in drink driving, the Secretary of State shall—

(a) make regulations under section 11 of the Road Traffic Act 1988 (interpretation of sections 4 to 10) to lower the prescribed limits of alcohol in breath, blood and urine; and

(b) undertake to make it an offence for drivers under the age of 21 to drive or attempt to drive with any level of alcohol in their breath, blood or urine.”

LORD CLEMENT-JONES

VISCOUNT ASTOR

241C

Page 88, line 2, leave out “five” and insert “two”

LORD BROOKE OF SUTTON MANDEVILLE

 

Lord Brooke of Sutton Mandeville gives notice of his intention to oppose the Question that Clause 125 stand part of the Bill.

Clause 126

LORD CLEMENT-JONES

241CA*

Page 88, line 11, at end insert—

“( ) Nothing in this Chapter applies to holders of club premises certificates.”

LORD CLEMENT-JONES

VISCOUNT ASTOR

241D

Page 88, line 12, leave out “that” and insert “where”

241E

Page 88, line 21, leave out subsection (4)

Clause 127

LORD CLEMENT-JONES

241EA*

Page 88, line 28, leave out “or club premises certificate”

LORD CLEMENT-JONES

VISCOUNT ASTOR

241F

Page 88, line 31, leave out “on one” and insert “for 15”

241G

Page 88, line 31, at end insert “, not including New Year’s Eve”

LORD CLEMENT-JONES

241GA*

Page 89, line 4, leave out “or club premises certificates”

241GB*

Page 89, line 11, leave out “and club premises certificates”

Clause 129

BARONESS HAMWEE

LORD SHIPLEY

241H

Page 89, line 31, leave out paragraph (a)

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

241HA*

Page 89, line 32, at end insert—

“( ) an amount that is up to 50% less than the amount prescribed or calculated in regulations, as determined by local authorities, in respect of corporate responsibility initiatives.”

BARONESS HAMWEE

LORD SHIPLEY

241J

Page 89, line 42, after “persons” insert “in the area of a licensing authority”

After Clause 129

BARONESS HAMWEE

LORD SHIPLEY

241K

Insert the following new Clause—

“Power for licensing authorities to set levy

(1) Subsection (2) applies where the Secretary of State makes regulations under this Act regarding the amount of any levy.

(2) The Secretary of State may, in making regulations concerning the levy, have regard, in particular, to the costs of any licensing authority to whom the levy is to be payable which are referable to the discharge of the function to which the levy relates.

(3) Regulations made under this section may also specify constraints on the licensing authority’s power to determine the amount of the levy.

(4) Subsection (5) is subject to any constraint imposed under subsection (3).

(5) The licensing authority—

(a) must determine the amount of the levy (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 levy as determined from time to time.”

Clause 130

LORD CLEMENT-JONES

241KA*

Page 90, line 17, leave out “or club premises certificate”

LORD CLEMENT-JONES

VISCOUNT ASTOR

241L

Page 90, line 19, leave out paragraph (c)

241M

Page 90, line 24, at end insert—

“( ) Regulations must make provision that where the licensing authority has introduced an early morning alcohol restriction order under section 120 a late night levy may not be applied.”

LORD CLEMENT-JONES

241MZA*

Page 90, line 31, leave out paragraph (b)

Clause 132

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

241MA

Page 91, line 36, after “body,” insert “including the British Transport Police Authority where appropriate,”

BARONESS HAMWEE

LORD SHIPLEY

241N

Page 91, line 41, leave out “70” and insert “30”

After Clause 132

LORD CLEMENT-JONES

VISCOUNT ASTOR

241P

Insert the following new Clause—

“Accountability of police

(1) The local police force must provide a written report to the local authority at the end of each levy year where a levy is applied to the local authority area.

(2) The report is to be submitted to the local authority within 12 weeks of the end of the levy period.

(3) The report must contain—

(a) details of the amount received through the levy and the amount spent by the police in policing the areas covered by the late night levy during the hours that it applies; and

(b) details of the impact of the levy on crime and disorder in the area covered by the levy.”

241Q

Insert the following new Clause—

“Accountability of licensing authority

(1) The licensing authority must provide a written report to the local authority at the end of each levy year where a levy is applied to the local authority area.

(2) The report is to be submitted to the local authority within 12 weeks of the end of the levy period.

(3) The report must contain—

(a) details of the amount received through the levy and the amount spent by the licensing authority in providing services in the areas covered by the late night levy during the hours that it applies; and

(b) details of the impact of the levy on crime and disorder in the area covered by the levy.”

Clause 135

BARONESS HAMWEE

LORD SHIPLEY

241R

Page 93, line 27, leave out subsections (1) to (3)

LORD CLEMENT-JONES

241RA*

Page 94, line 2, leave out “84 or 86A”

BARONESS HAMWEE

LORD SHIPLEY

241S

Page 94, line 15, leave out subsection (5)

LORD CLEMENT-JONES

241SA*

Page 94, line 16, leave out “or club premises certificate”

Clause 136

LORD CLEMENT-JONES

VISCOUNT ASTOR

241T

Page 94, line 24, at beginning insert “other”

241U

Page 94, line 24, after “authorisations” insert “, not included in section 136,”

241V

Page 94, line 32, at end insert “not included in section 136”

241W

Page 94, line 35, after “prescribe” insert “additional”

LORD CLEMENT-JONES

BARONESS COUSSINS

VISCOUNT ASTOR

241X*

Page 94, line 41, at end insert—

“( ) Holders of relevant late night authorisations participating in the following arrangements will pay a reduced levy of 50 per cent—

(a) Best Bar None;

(b) business improvement districts;

(c) Purple Flag;

(d) Pubwatch, Club Watch or ShopWatch;

(e) Community Alcohol Partnership;

(f) any other arrangements as may be prescribed by the Licensing Authority;

(g) any other arrangements as may be prescribed by the Secretary of State.”

Clause 140

LORD CLEMENT-JONES

241Y*

Page 96, line 16, leave out subsection (3)

After Clause 141

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

BARONESS STOWELL OF BEESTON

LORD PALMER OF CHILDS HILL

242

Insert the following new Clause—

“Youth rehabilitation orders: alcohol monitoring requirement

Youth rehabilitation orders: alcohol monitoring requirement

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further provisions about youth rehabilitation orders), after paragraph 24 insert—

“Alcohol monitoring requirement

24A (1) In this Part “alcohol monitoring requirement”, in relation to a youth rehabilitation order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the local justice area proposed to be specified in the order.

(3) A youth rehabilitation order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.

(5) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to sub-paragraph (1)(b).

(6) The Secretary of State makes rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under sub-paragraph (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(7) In this paragraph—

“appropriate adult” means—

(a) the offender’s parent or guardian or, if the offender is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

(b) a social worker of the local authority, or

(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;

“monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”.

(2) Schedule (Youth rehabilitation orders: alcohol monitoring requirement) makes further amendments to the Criminal Justice and Immigration Act 2008.”

243

Insert the following new Clause—

“Alcohol monitoring requirement

(1) After section 212 of the Criminal Justice Act 2003, insert—

“212A Alcohol monitoring requirement

(1) In this Part “alcohol monitoring requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount of no less than £1 and no more than £5 in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and the offender expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the area proposed to be specified in the order under section 216 (local justice area to be specified in relevant order).

(3) A relevant order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to subsection (1)(b).

(5) The Secretary of State may make rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under subsection (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(6) In this section, “monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”.

(2) Schedule (Alcohol monitoring requirement) makes further amendments to the Criminal Justice Act 2003.”

BARONESS FINLAY OF LLANDAFF

LORD PALMER OF CHILDS HILL

244

Insert the following new Clause—

“Licensed Premises Cumulative Impact (saturation) Policies

(1) Local authorities must comply with their local Licensed Premises Cumulative Impact (saturation) Policies when granting any licence for premises for the sale of alcohol.

(2) Each local authority shall review their Licensed Premises Cumulative Impact (saturation) Policies at least every three years, to take account of changing patterns of consumption, accidental injuries, antisocial behaviour, violence and aggression data as collected by local health, social care and public order bodies.

(3) Licences shall not be granted for sales of alcohol on petrol filling station forecourts.”

Clause 142

BARONESS HAMWEE

LORD SHIPLEY

244ZZA

Page 96, line 32, leave out subsection (2)

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

 

The above-named Lords give notice of their intention to oppose the Question that Clause 142 stand part of the Bill.

Clause 143

BARONESS HAMWEE

LORD SHIPLEY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 143 stand part of the Bill.

Clause 144

BARONESS HAMWEE

LORD SHIPLEY

244ZZB

Page 97, line 16, leave out “constable” and insert “senior police officer”

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZA

Page 97, line 16, leave out “or authorised officer”

BARONESS MILLER OF CHILTHORNE DOMER

244ZAA

Page 97, line 17, leave out “, or is about to do,”

244ZAB

Page 97, line 20, leave out paragraph (b)

BARONESS HAMWEE

LORD SHIPLEY

244ZAC

Page 97, line 20, at end insert—

“( ) In subsection (1) a “senior police officer” means the most senior in the rank of police officers present at the scene.”

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZB

Page 97, line 22, leave out paragraph (a)

LORD BLENCATHRA

244ZBA

Page 97, line 28, leave out “or” and insert “, shelter or amenities which aid”

244ZBB

Page 97, line 31, leave out “or” and insert “, shelter or amenities which aid”

244ZBC

Page 97, line 33, leave out “sleeping”

244ZBD

Page 97, line 34, leave out “sleeping overnight in that area” and insert “providing shelter, sleeping accommodation or other amenities to facilitate remaining in a place for a period”

244ZBE

Page 97, line 36, leave out “sleeping”

244ZBF

Page 97, line 37, leave out “sleeping overnight in that area” and insert “providing shelter, sleeping accommodation or other amenities to facilitate remaining in a place for a period”

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZC

Page 97, line 44, leave out subsection (4)

LORD BLENCATHRA

244ZCA

Page 97, line 45, after “for” insert “playing, broadcasting or”

244ZCB

Page 98, line 2, at end insert—

“( ) radio or music players, and

( ) televisions or monitors with sound”

BARONESS HAMWEE

LORD SHIPLEY

244ZCC

Page 98, line 21, leave out “5” and insert “3”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 144 stand part of the Bill.

After Clause 144

LORD BLENCATHRA

244ZCD

Insert the following new Clause—

“Property during restricted hours

(1) No equipment of any description may be left in the controlled area between the hours of 10pm to 8am except as provided for in section 144(3) and (5).

(2) A constable shall have all the powers in section 146 to remove and retain any such property whether or not it is a prohibited item within the terms of section 144.”

Clause 145

BARONESS HAMWEE

LORD SHIPLEY

244ZCE

Page 98, line 29, leave out “constable” and insert “senior police officer”

244ZCF

Page 98, line 29, leave out “or authorised officer”

244ZCG

Page 98, line 31, leave out “90” and insert “14”

244ZCH

Page 98, line 33, leave out “90” and insert “14”

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZD

Page 98, line 34, leave out subsections (4) and (5)

BARONESS HAMWEE

LORD SHIPLEY

244ZDZA

Page 98, line 35, leave out “constable” and insert “senior police officer”

244ZDZB

Page 98, line 35, leave out “or authorised officer”

BARONESS MILLER OF CHILTHORNE DOMER

244ZDA

Page 98, line 45, leave out “or varied”

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZE

Page 99, leave out line 2

BARONESS HAMWEE

LORD SHIPLEY

 

The above-namd Lords give notice of their intention to oppose the Question that Clause 145 stand part of the Bill.

Clause 146

BARONESS HAMWEE

LORD SHIPLEY

244ZEA

Page 99, line 5, leave out “constable” and insert “senior police officer”

244ZEB

Page 99, line 5, leave out “or authorised officer”

244ZEC

Page 99, line 7, leave out “constable” and insert “senior police officer”

244ZED

Page 99, line 7, leave out “or officer”

244ZEE

Page 99, line 9, leave out “constable” and insert “senior police officer”

244ZEF

Page 99, line 14, leave out “constable” and insert “senior police officer”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 146 stand part of the Bill.

Clause 147

BARONESS HAMWEE

LORD SHIPLEY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 147 stand part of the Bill.

Clause 148

BARONESS HAMWEE

LORD SHIPLEY

244ZEG

Page 100, line 2, leave out from “for” to end of line 3 and insert “not more than 7 days”

244ZEH

Page 100, line 21, leave out “21” and insert “6”

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 148 stand part of the Bill.

Clause 149

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZF

Page 100, line 41, leave out subsection (2)

BARONESS HAMWEE

LORD SHIPLEY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 149 stand part of the Bill.

Clause 150

BARONESS HAMWEE

LORD SHIPLEY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 150 stand part of the Bill.

After Clause 150

LORD BLENCATHRA

244A

Insert the following new Clause—

“Police power of containment

(1) If the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London has cause to believe that the activities of one or more persons in a group of 100 or more persons in Parliament Square or in an area of London within 3 miles of Parliament Square may—

(a) pose a risk to the safety of persons in the area or outside it, or

(b) cause damage to property,

either Commissioner may contain all of the group in Parliament Square or any other area until such time as the Commissioner concludes that the risk to persons and property has diminished to such an extent that it is safe to let people leave the contained area.

(2) It is not necessary for all or a majority of persons in the group of 100 or more to be engaged in the activity or activities that lead the Commissioner to exercise the power in subsection (1).

(3) It is not necessary for violence to persons or damage to property to have occurred for the Commissioner to exercise the power in subsection (1).

(4) Containment under subsection (1) shall not exceed a period of 18 hours from the time that the Commissioner concludes that the containment is necessary.

(5) Preparations made by the Commissioner in anticipation that containment may be necessary shall not be counted in the time limit in subsection (4).

(6) The Commissioner, in deciding that containment is necessary, shall ensure processes are in place to allow persons in the contained group to leave the containment at the Commissioner’s discretion.

(7) The Commissioner shall ensure processes are in place for arresting and charging those within the contained group whom the Commissioner believes have committed a criminal offence.

(8) Containment of persons or a group of persons under subsection (1) shall not be a breach of any human rights enactment.

(9) It shall not be the duty of the Commissioner to provide any amenities or sustenance for persons in the contained group; and failure to provide the same shall not be a breach of any human rights enactment nor give rise to a legal action.

(10) The powers and obligations of the Commissioner of Police of the Metropolis in this section may be exercised by the Deputy Commissioner of Police of the Metropolis, an Assistant Commissioner of Police of the Metropolis or a Commander.

(11) The powers and obligations of the Commissioner of Police for the City of London in this section may be exercised by the Assistant Commissioner of Police for the City of London or by the Commander of Police for the City of London.”

LORD DUBS

244AA

Insert the following new Clause—

“Guidance issued under this Part

(1) The Secretary of State shall issue guidance on—

(a) prohibited activities under section 144;

(b) directions under section 144(1);

(c) seizure and retention of property under section 146;

(d) authorisations for the operation of amplified noise equipment under section 148.

(2) Guidance issued under subsection (1)(a) shall include—

(a) further details defining the terms—

(i) “structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping or staying in a place for any period”,

(ii) “sleeping equipment”,

(iii) “the purpose of sleeping or staying in that area”, and

(iv) “the purpose of sleeping overnight”;

(b) guidance about the treatment of amplified noise equipment used by a disabled persons for the purposes of communication.

(3) Guidance issued under subsection (1)(b) shall include provision about—

(a) the circumstances in which a direction under subsection 144(1) may be made;

(b) the form of any direction given under subsection 144(1), in particular—

(i) the circumstances when a direction or the variation of a direction must be in writing;

(ii) the arrangements for the identification of a constable or authorised officer making a direction or variation of a direction;

(iii) the appropriate duration of any direction or variation of a direction; and

(iv) the requirements for notice and communication of a direction or a variation of a direction to the person or persons subject to such a direction.

(4) Guidance issued under subsection (1)(c) shall include provision about the circumstances in which the powers under subsection 146(1) shall be exercised, in particular—

(a) the identification and notification of the owner of any relevant prohibited item; and

(b) the use of force by constables under subsection 146(4).

(5) Guidance issued under subsection (1)(d) shall include provision about—

(a) the criteria for withholding authorisation;

(b) any exemptions from authorisation for equipment used by disabled persons for the purposes of communication;

(c) the conditions which may be imposed by the responsible authority in connection with any authorisation;

(d) the target timetables for the processing of applications for authorisation (including fast-track procedures for priority authorisation);

(e) the form and manner of—

(i) the application for authorisation,

(ii) the notice of authorisation, and

(iii) the notice of variation of any authorisation;

(f) the maximum fee to be paid for determining any application.

(6) Before issuing guidance under this section the Secretary of State must—

(a) publish a draft of the proposed guidance; and

(b) conduct a public consultation on the draft guidance.

(7) In preparing draft guidance, the Secretary of State must, in particular, consult—

(a) the metropolitan police force;

(b) the Greater London Authority;

(c) Westminster City Council; and

(d) the Director of Public Prosecutions.

(8) Guidance issued under this section must be made by statutory instrument and is subject to annulment in pursuance of a resolution of either House of Parliament.”

Clause 151

BARONESS HAMWEE

LORD SHIPLEY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 151 stand part of the Bill.

Clause 152

BARONESS MEACHER

LORD LOW OF DALSTON

244AB

Page 102, line 7, at beginning insert “Intoxicating Substances (Supply) Act 1985, enactments on trading standards, and”

Schedule 17

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

BARONESS FINLAY OF LLANDAFF

244B

Page 227, line 4, at end insert—

“( ) other control powers would be less likely to reduce the overall harmful effects of all available drugs.”

244C

Page 227, line 4, at end insert—

“(7) The impact of a temporary class drug order on usage and effects of a temporary class drug and other drugs must be reviewed by the Advisory Council at the end of one year beginning with the day on which a temporary class drug order came into force.

(8) The impact of the temporary class drug orders must be reviewed by the Secretary of State in consultation with the Advisory Council at the end of three years beginning with the day on which the first temporary class drug order came into force.”

BARONESS MEACHER

LORD WALTON OF DETCHANT

LORD LOW OF DALSTON

244CA

Page 230, line 31, at end insert—

“The Intoxicating Substances (Supply) Act 1985 and enactments on trading standards are amended to make provision for the regulatory control of drugs subject to temporary control orders.”

Clause 153

BARONESS FINLAY OF LLANDAFF

244D

Page 102, line 11, leave out paragraph (a)

244E

Page 102, line 11, at end insert—

“( ) for sub-paragraph (1)(a), substitute—

“(a) at least one person appearing to the Secretary of State to belong to each of the groups specified in sub-paragraph (1A) below;”,”

244F

Page 102, line 12, at end insert—

“( ) After sub-paragraph (1), insert—

“(1A) The groups referred to in sub-paragraph (1)(a) above are—

(a) scientists from the natural and physical sciences;

(b) experts from the social and behavioural sciences;

(c) experts with backgrounds in tackling drugs;

(d) people affected by drugs, either directly or through a family member.”.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

244G

Leave out Clause 153 and insert the following new Clause—

“Advisory Council on the Misuse of Drugs

(1) Schedule 1 to the Misuse of Drugs Act 1971 (constitution etc. of the Advisory Council on the Misuse of Drugs) is amended as follows.

(2) For paragraph 1(2) substitute—

“(2) The Advisory Council on the Misuse of Drugs must have as members at least one person from each of the following groups—

(a) scientists from the natural and physical sciences;

(b) experts from the social and behavioural sciences;

(c) experts with backgrounds in tackling drugs; and

(d) people who have been affected either directly or indirectly by drug use.”.”

LORD RAMSBOTHAM

 

Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 153 stand part of the Bill.

Clause 154

LORD CAMPBELL-SAVOURS

245

Page 102, line 19, leave out from “applies” to end of line 20 and insert—

“(a) a justice of the peace shall apply to the Director of Public Prosecutions for advice on the advisability of granting the warrant or summons,

(b) no warrant or summons shall be issued under this section without taking into account any advice given by the Director of Public Prosecutions”

BARONESS D’SOUZA

LORD LESTER OF HERNE HILL

BARONESS TONGE

245A

Page 102, leave out line 20 and insert “unless the Director of Public Prosecutions has been given prior notice that an information has been laid.

(4AA) The Director of Public Prosecutions may submit to the Court advice concerning the issuing of a warrant or summons and shall be allowed to appear before the Court in respect of this.”

LORD PHILLIPS OF SUDBURY

BARONESS TONGE

245AZA

Page 102, leave out line 20 and insert “unless before the hearing of the same the Director of Public Prosecutions has been given notice thereof and the opportunity at that hearing to appear and make representations”

LORD MACDONALD OF RIVER GLAVEN

LORD THOMAS OF GRESFORD

BARONESS TONGE

245AA

Page 102, line 20, at end insert—

“(4AA) The Director of Public Prosecutions shall grant his consent if—

(a) the evidence establishes a realistic prospect of conviction, and the prosecution would be in the public interest, or

(b) the evidence raises a reasonable suspicion that an offence has been committed and that the suspect committed it, and the Director of Public Prosecutions is satisfied that there are reasonable grounds for believing that a continuing investigation will provide further evidence, within a reasonable period of time, so that all the evidence taken together is capable of establishing a realistic prospect of conviction.

(4AB) In the case of consent granted under subsection (4AA)(b) above, the Director of Public Prosecutions shall keep that case under review, so that if evidence establishing a realistic prospect of conviction is not available within a reasonable period, the Director of Public Prosecutions shall take over and discontinue the case.”

After Clause 154

LORD CARLILE OF BERRIEW

LORD ANDERSON OF SWANSEA

LORD AVEBURY

BARONESS D’SOUZA

246

Insert the following new Clause—

“Annual war crimes report

(1) The Secretary of State shall each year lay before Parliament a war crimes report.

(2) The war crimes report must contain information on the investigation by police forces and the prosecution of persons present in the United Kingdom suspected of having committed a relevant offence, and in particular—

(a) the number of persons investigated and prosecuted for relevant offences,

(b) the country where the relevant offences are suspected to have been committed,

(c) any legal proceedings other than prosecution of those persons (for example, proceedings relating to immigration or residence), and

(d) whether any of those persons have been prosecuted for any other offence.

(3) The war crimes report must contain information on any assistance provided to any country or person in respect of the investigation and prosecution outside the United Kingdom of relevant offences, in particular—

(a) assistance to the International Criminal Court in accordance with the International Criminal Court Act 2001, and

(b) assistance to any international criminal tribunal with jurisdiction over relevant offences.

(4) The Secretary of State may omit from the war crimes report any information which ought not to be disclosed—

(a) in the interests of national security,

(b) because it relates to an individual and is of a sensitive personal nature,

(c) because it would, or would be likely to, prejudice proceedings which have been commenced in a court of law, or

(d) because it would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.

(5) In this section “relevant offences” means—

(a) war crimes, crimes against humanity and genocide within the meaning of section 50 of the International Criminal Court Act 2001, and

(b) torture within the meaning of section 134 of the Criminal Justice Act 1988.”

Clause 155

BARONESS HAMWEE

LORD SHIPLEY

247

Page 103, line 39, after “under” insert “section (Pilot schemes) or”

LORD BRADSHAW

248

Page 103, line 39, at end insert “or (Pilot schemes (No. 2))(3)”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

249

Page 103, line 40, after “section” insert “(Memorandum of understanding: operational independence)”

Clause 158

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

250

Page 104, line 29, after “subsections” insert “(2A),”

BARONESS DOOCEY

251

Page 104, line 29, leave out “(3) and (4)” and insert “(2A) to (4).

(2A) Chapters 1 to 6 of Part 1 may not be brought into force before 1 October 2012 and must be brought into force on the same day.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

252

Page 104, line 29, at end insert—

“(2A) A commencement order must not be made under subsection (1) in respect of Part 1 of this Act until—

(a) Her Majesty’s Inspectorate of Constabulary has conducted an inquiry into, and published a report on, the expected impact of the introduction of Police Commissions in England and Wales; and

(b) the responsible Minister has laid a copy of the report, and the Government’s response to any recommendations raised in the report, before both Houses of Parliament.”

253

Page 104, line 29, at end insert—

“(2B) An order may not be made under subsection (1) to commence section 1 until the requirements in section (Pilot schemes (No. 3)) have been satisfied.”

LORD BRADSHAW

254

Page 104, line 39, at end insert—

“( ) Chapter 6 shall come into force in accordance with section (Pilot schemes (No. 2)).”

Prepared 9th June 2011