Policing and Crime Bill (HC Bill 134)

(a) a barrel, chamber or cylinder,

(b) a frame, body or receiver,

(c) a breech block, bolt or other mechanism for containing the
pressure of discharge at the rear of a chamber,

5but only where the item is capable of being used as a part of a lethal
barrelled weapon or a prohibited weapon.”

(5) After section 57 insert—

“57A Exception for airsoft guns

(1) An “airsoft gun” is not to be regarded as a firearm for the purposes of
10this Act.

(2) An “airsoft gun” is a barrelled weapon of any description from which
only a small plastic missile, with kinetic energy at the muzzle of the
weapon that does not exceed the permitted level, can be discharged.

(3) “Small plastic missile” means a missile that—

(a) 15is made wholly or partly from plastics, and

(b) does not exceed 6 millimetres in diameter.

(4) The permitted kinetic energy level is—

(a) in the case of a weapon which is designed or adapted so that
two or more missiles can be discharged successively without
20repeated pressure on the trigger, 1.3 joules;

(b) in any other case, 2.5 joules.”

(6) After section 57A (inserted by subsection (5))—

“57B Power to amend section 57(1D)

(1) The Secretary of State may by regulations made by statutory
25instrument amend section 57(1D) so as to make different provision for
the purposes of section 57(1)(c) about the meaning of a relevant
component part in relation to a lethal barrelled weapon or a prohibited
weapon.

(2) Regulations under this section may include—

(a) 30incidental, supplementary or consequential provision;

(b) transitional, transitory or saving provision.

(3) A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.”

78 35Firearms Act 1968: meaning of “antique firearm”

(1) Section 58 of the Firearms Act 1968 (particular savings) is amended in
accordance with subsections (2) and (3).

(2) After subsection (2) (which makes provision about antique firearms) insert—

“(2A) For the purposes of subsection (2), a firearm is an “antique firearm” if—

(a) 40its chamber is capable of being used only with a cartridge of a
description specified in regulations made by statutory
instrument by the Secretary of State, or

(b) its ignition system is of a description specified in regulations
made by statutory instrument by the Secretary of State.

(2B) Regulations under subsection (2A) may make different provision for
different purposes.

(2C) 5Subject to subsection (2D), a statutory instrument containing
regulations under subsection (2A) may not be made unless a draft of
the instrument has been laid before and approved by a resolution of
each House of Parliament.

(2D) A statutory instrument containing regulations under subsection (2A)
10which contain only provision amending regulations previously made
under that subsection so as to remove a description of cartridge or a
description of ignition system from the descriptions specified in those
regulations is subject to annulment in pursuance of a resolution of
either House of Parliament.”

(3) 15In subsection (2)—

(a) in paragraph (a), for “section 21” substitute “sections 19, 20 and 21”;

(b) in paragraph (b), for “section 21” substitute “section 19, 20 or 21”.

(4) Subsections (5) to (7) apply where—

(a) immediately before the coming into force of regulations under section
2058(2A) of the Firearms Act 1968 (as inserted by subsection (2) above), a
person has in his or her possession a firearm that is an antique firearm
for the purposes of section 58(2) of that Act, and

(b) in consequence of the coming into force of the regulations, the firearm
ceases to be an antique firearm for those purposes.

(5) 25Section 5 of the Firearms Act 1968 does not apply in relation to the possession
of the firearm by the person unless—

(a) the person carries on a business as a firearms dealer, and

(b) the firearm is in his or her possession for the purpose of the business.

(6) An application by the person for a certificate under section 1 or 2 of that Act in
30respect of possession of the firearm may not be refused on the ground that the
person does not have a good reason for having the firearm in his or her
possession.

(7) An application by the person for the renewal of a certificate issued under
section 1 or 2 of that Act in respect of possession of the firearm may not be
35refused on the ground that the person does not have a good reason for having
the firearm in his or her possession.

(8) The provision made by subsections (4) to (7) does not prevent additional
transitional provision being made (under the power conferred by section
111(6)) in connection with the coming into force of this section (including
40provision for enabling certificates and authorisations under the Firearms Act
1968 to be issued or granted before this section comes fully into force).

79 Possession of articles for conversion of imitation firearms

After section 4 of the Firearms Act 1968 (conversion of weapons) insert—

“4A Possession of articles for use in connection with conversion

(1) A person, other than a registered firearms dealer, commits an offence
5if—

(a) the person has in his or her possession or under his or her
control an article that is capable of being used (whether by itself
or with other articles) to convert an imitation firearm into a
firearm, and

(b) 10the person intends to use the article (whether by itself or with
other articles) to convert an imitation firearm into a firearm.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction—

(i) in England and Wales, to imprisonment for a term not
15exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, 6 months) or to a fine, or to
both;

(ii) in Scotland, to imprisonment for a term not exceeding 12
20months, or to a fine not exceeding the statutory
maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine, or to both.”

80 Applications under the Firearms Acts: fees

(1) 25After section 32 of the Firearms Act 1968 (fee for certificate and exemption from
paying it in certain cases) insert—

“32ZA Fees in connection with authority under section 5

(1) The Secretary of State may by regulations authorise the appropriate
national authority to require payment of a fee before an authority
30under section 5 is granted, varied or renewed.

(2) Regulations under subsection (1) must specify the amount of any fee
that may be charged.

(3) The regulations may make different provision for different cases
(including specifying different fees for different cases).

(4) 35The regulations may include—

(a) incidental, supplementary or consequential provision;

(b) transitional, transitory or saving provision.

(5) Regulations under this section are to be made by statutory instrument.

(6) A statutory instrument containing regulations under this section is
40subject to annulment in pursuance of a resolution of either House of
Parliament.

(7) In this section, “the appropriate national authority” means—

(a) in or as regards England and Wales, the Secretary of State;

(b) in or as regards Scotland, the Scottish Ministers.”

(2) Before section 16 of the Firearms (Amendment) Act 1988 insert—

“15B Fees in connection with approvals under section 15

(1) The Secretary of State may by regulations authorise the appropriate
5national authority to require payment of a fee before an approval under
section 15 is granted, varied or renewed.

(2) Regulations under subsection (1) must specify the amount of any fee
that may be charged.

(3) The regulations may make different provision for different cases
10(including specifying different fees for different cases).

(4) The regulations may include—

(a) incidental, supplementary or consequential provision;

(b) transitional, transitory or saving provision.

(5) Regulations under this section are to be made by statutory instrument.

(6) 15A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(7) In this section, “the appropriate national authority” means—

(a) in or as regards England and Wales, the Secretary of State;

(b) 20in or as regards Scotland, the Scottish Ministers.”

(3) In the Schedule to the Firearms (Amendment) Act 1988 (firearms and
ammunition in museums), omit paragraph 3.

(4) Before paragraph 4 insert—

“3A (1) The Secretary of State may by regulations authorise the appropriate
25national authority to require payment of a fee before a licence is
granted, varied or renewed.

(2) Regulations under sub-paragraph (1) must specify the amount of
any fee that may be charged.

(3) The regulations may make different provision for different cases
30(including specifying different fees for different cases).

(4) The regulations may include—

(a) incidental, supplementary or consequential provision;

(b) transitional, transitory or saving provision.

(5) Regulations under this paragraph are to be made by statutory
35instrument.

(6) A statutory instrument containing regulations under this paragraph
is subject to annulment in pursuance of a resolution of either House
of Parliament.

(7) In this section, “the appropriate national authority” means—

(a) 40in or as regards England and Wales, the Secretary of State;

(b) in or as regards Scotland, the Scottish Ministers.”

(5) In consequence of the amendment made by subsection (2), omit section 15(6)
of the Firearms (Amendment) Act 1988.

81 Guidance to police officers in respect of firearms

(1) The Firearms Act 1968 is amended as follows.

(2) 5After section 55 insert—

“55A Guidance as to exercise of police functions

(1) The Secretary of State may issue guidance to chief officers of police as
to the exercise of their functions under, or in connection with, this Act.

(2) The Secretary of State may revise any guidance issued under this
10section.

(3) The Secretary of State must arrange for any guidance issued under this
section, and any revision of it, to be published.

(4) A chief officer of police must have regard to any guidance issued under
this section.

(5) 15Before issuing guidance under this section, the Secretary of State must
consult—

(a) the National Police Chiefs’ Council, and

(b) the chief constable of the Police Service of Scotland.”

(3) In section 44 (appeals against police decisions), after subsection (3) insert—

“(3A) 20The court or sheriff hearing an appeal must consider whether the chief
officer had regard to any guidance issued under section 55A that was
relevant to the chief officer’s decision.”

Part 7 Alcohol: licensing

82 25Meaning of “alcohol”: inclusion of alcohol in any state

In the Licensing Act 2003, in section 191(1) (meaning of “alcohol”) after “liquor”
insert “(in any state)”.

83 Interim steps pending review: representations

(1) In the Licensing Act 2003, section 53B (interim steps pending review) is
30amended as follows.

(2) In subsection (6) at the beginning insert “Subject to subsection (9A),”.

(3) After subsection (9) insert—

“(9A) Where the relevant licensing authority has determined under
subsection (8) whether to withdraw or modify the interim steps taken,
35the holder of the premises licence may only make further
representations under subsection (6) if there has been a material change
in circumstances since the authority made its determination.”

84 Summary reviews of premises licences: review of interim steps

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

(2) Section 53C (review of premises licence following review notice) is amended as
follows.

(3)
5In subsection (2)—

(a) at the end of paragraph (a) insert “and”,

(b) in paragraph (b) omit “and”, and

(c) omit paragraph (c).

(4)
After subsection (11) insert—

“(12) 10Section 53D makes provision about the application and review of any
interim steps that have been taken under section 53B in relation to a
premises licence before a decision under this section comes into effect
in relation to the licence.”

(5) After section 53C insert—

“53D 15Interim steps pending section 53C decision coming into effect

(1) At the hearing to consider an application for a review under section
53A, the relevant licensing authority must review any interim steps that
have been taken by the relevant licensing authority under section 53B
that have effect on the date of the hearing.

(2) 20In conducting the review under this section, the relevant licensing
authority must—

(a) consider whether the interim steps are appropriate for the
promotion of the licensing objectives;

(b) consider any relevant representations; and

(c) 25determine whether to withdraw or modify the interim steps
taken.

(3) The power of the relevant licensing authority on a review under this
section includes a power to take any of the following interim steps—

(a) the modification of the conditions of the premises licence;

(b) 30the exclusion of the sale of alcohol by retail from the scope of the
licence;

(c) the removal of the designated premises supervisor from the
licence;

(d) the suspension of the licence.

(4) 35Any interim steps taken under subsection (3) apply until—

(a) the end of the period given for appealing against a decision
made under section 53C,

(b) if the decision under section 53C is appealed against, the time
the appeal is disposed of, or

(c) 40the end of a period determined by the relevant licensing
authority (which may not be longer than the period of time for
which such interim steps could apply under paragraph (a) or
(b)).

(5) Any interim steps taken under section 53B in relation to a premises
licence cease to have effect when the decision made under section 53C
comes into effect.

(6) In subsection (2) “relevant representations” means representations
5which—

(a) are relevant to one or more of the licensing objectives, and

(b) meet the requirements of subsection (7).

(7) The requirements are—

(a) that the representations are made by the holder of the premises
10licence, a responsible authority or any other person within the
period prescribed under subsection 53A(3)(e),

(b) that they have not been withdrawn, and

(c) if they are made by a person who is not a responsible authority,
that they are not, in the opinion of the relevant licensing
15authority, frivolous or vexatious.

(8) Where the relevant licensing authority determines that any
representations are frivolous or vexatious, it must notify the person
who made them of the reasons for that determination.

(9) A decision under this section may be appealed (see paragraph 8B of
20Part 1 of Schedule 5 (appeals: premises licences)).”

(6) Part 1 of Schedule 5 (appeals: premises licences) is amended as follows.

(7) After paragraph 8A (summary review of premises licence) insert—

““Review of interim steps

8B (1) This paragraph applies where a review of interim steps is decided
25under section 53D (review of interim steps at a summary review of a
premises licence).

(2) An appeal may be made against that decision by—

(a) the chief officer of police for the police area (or each police
area) in which the premises are situated, or

(b) 30the holder of the premises licence.

(3) An appeal under this paragraph must be heard by the magistrates’
court within the period of 28 days beginning with the day on which
the appellant commenced the appeal (see paragraph 9(2)).”

(8) This section does not apply to applications made under section 53A of the
35Licensing Act 2003 (summary reviews on application of senior police officer)
where a decision in relation to that application has been made under section
53C (review of premises licence following review notice) before the coming
into force of this section.

85 Personal licences: licensing authority powers in relation to convictions

(1) 40The Licensing Act 2003 is amended as follows.

(2) In section 10(4)(a) (functions that may not be delegated to an officer) after sub-

paragraph (xii) insert—

section 132A(8) and (12) (revocation or suspension of
licence by local authority where it becomes aware of
convictions or immigration penalties),”.

(3) 5After section 132 (licence holder’s duty to notify licensing authority of
convictions) insert—

“132A Convictions etc of licence-holder: powers of licensing authority

(1) This section applies where a licensing authority has granted a personal
licence and it becomes aware (whether by virtue of section 123(1), 131
10or 132 or otherwise) that the holder of the licence (“the licence holder”)
has been, at any time before or after the grant of the licence—

(a) convicted of any relevant offence or foreign offence, or

(b) required to pay an immigration penalty.

(2) But this section does not apply at any time when—

(a) 15in the case of a licence holder who has been convicted of any
relevant offence or foreign offence—

(i) the licence holder has appealed against a conviction for,
or any sentence imposed in relation to, a relevant
offence or foreign offence and that appeal has not been
20disposed of, or

(ii) the time limit for appealing against such a conviction or
sentence has not expired, or

(b) in the case of a licence holder who has been required to pay an
immigration penalty—

(i) 25the licence holder has objected to, or appealed against,
the imposition of the penalty and that objection or
appeal has not been disposed of, or

(ii) the time limit for objecting to, or appealing against, the
imposition of the penalty has not expired.

(3) 30The relevant licensing authority may—

(a) suspend the licence for a period not exceeding six months, or

(b) revoke the licence.

(4) If the relevant licensing authority is considering whether to suspend or
revoke the licence, the authority must give notice to the licence holder.

(5) 35A notice under subsection (4) must invite the licence holder to make
representations regarding—

(a) the relevant offence, foreign offence or immigration penalty
that has caused the relevant licensing authority to issue the
notice,

(b) 40any decision of a court under section 129 or 130 in relation to the
licence, and

(c) any other relevant information (including information
regarding the licence holder’s personal circumstances).

(6) The licence holder may make representations under subsection (5) to
45the relevant licensing authority within the period of 28 days beginning
with the day the notice was issued.

(7) Before deciding whether to suspend or revoke the licence the relevant
licensing authority must take into account—

(a) any representations made by the licence holder under this
section,

(b) 5any decision of a court under section 129 or 130 of which the
licensing authority is aware, and

(c) any other information which the authority considers relevant.

(8) Having taken into account the matters described in subsection (7) the
relevant licensing authority may make a decision whether to suspend
10or revoke a licence, unless subsection (9) applies.

(9) This subsection applies where the relevant licensing authority has
taken into account the matters described in subsection (7) and proposes
not to revoke the licence.

(10) Where subsection (9) applies the authority must—

(a) 15give notice to the chief officer of police for its area that it
proposes not to revoke the licence, and

(b) invite the officer to make representations regarding the issue of
whether the licence should be suspended or revoked having
regard to the crime prevention objective.

(11) 20The chief officer of police may make representations under subsection
(10)(b) to the relevant licensing authority within the period of 14 days
beginning with the day the notice was received.

(12) Where the relevant licensing authority has given notice to the chief
officer of police under subsection (10)(a), the authority must take into
25account—

(a) any representations from the officer, and

(b) the matters described in subsection (7),

and then make a decision whether to suspend or revoke the licence.

(13) The relevant licensing authority must give notice of any decision made
30under subsection (8) or (12) to the licence holder and the chief officer of
police, including reasons for the decision.

(14) A decision under this section does not have effect—

(a) until the end of the period given for appealing against the
decision, or

(b) 35if the decision is appealed against, until the appeal is disposed
of.

(15) A decision under subsection (8) or (12) may be appealed (see paragraph
17(5A) of Part 3 of Schedule 5 (appeals: personal licences)).”

(4) In paragraph 17 of Part 3 of Schedule 5 (appeals: personal licences) after sub-
40paragraph (5) insert—

“(5A) Where a licensing authority revokes or suspends a personal licence
under section 132A(8) or (12) the holder of the licence may appeal
against that decision.”

86 Licencing Act 2003: addition of further relevant offences

(1) Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is
amended as follows.

(2) In paragraph 18 (sexual offences), after sub-paragraph (a) insert—

“(aa) 5listed in Schedule 3 to the Sexual Offences Act 2003 (sexual
offences for the purposes of notification and orders);”.

(3) After paragraph 19 (violent offences) insert—

“19A An offence listed in Part 1 of Schedule 15 to the Criminal Justice Act
2003 (specified violent offences).”

(4) 10After paragraph 22 (fraud offences) insert—

“22ZA An offence under any of the following provisions of the Violent
Crime Reduction Act 2006—

(a) section 28 (using someone to mind a weapon);

(b) section 36 (manufacture, import and sale of realistic imitation
15firearms).”

(5) After paragraph 23A (offences under the Psychoactive Substances Act 2016)
insert—

“23B An offence listed in section 41 of the Counter-Terrorism Act 2008
(terrorism offences).”

87 20Licensing Act 2003: guidance

In the Licensing Act 2003, in section 182 (guidance) omit subsections (2) and (4)
to (6).

Part 8 Financial sanctions

25Interpretation

88 Interpretation

(1) This section sets out definitions that apply for the purposes of this Part.

(2) “EU financial sanctions Regulation” means an EU Regulation adopted under
Article 215 of the Treaty on the Functioning of the European Union to the
30extent that the Regulation—

(a) imposes prohibitions or obligations for one or more of the following
purposes—

(i) freezing funds or economic resources;

(ii) preventing funds or economic resources being made available;

(iii) 35prohibiting or restricting access to financial markets or financial
services;

(b) makes provision to supplement prohibitions or obligations of the kind
mentioned in paragraph (a).