London Local Authorities Bill—continued
Part 3—continued
        House of Commons

 

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18     Supply of spray paints, etc.

(1)    It shall be an offence in the area of a participating council to supply in the course of a business any aerosol paint or indelible marker pen to any person who appears to be under the age of 18 years.
(2)    A person who commits an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)    In this section, “supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply.
(4)    This section applies in the area of a participating council as from the appointed day.

19     Defacement of buildings

(1)    Section 12 (Defacement of buildings) of the London Local Authorities Act 1995 (c. x) is amended in its application to the area of a participating council in accordance with this section.
(2)    In subsection (6), at the end, the words “and they may recover from the said person the expenses reasonably incurred by them in so doing” are inserted.
(3)    After subsection (6) the following subsections are inserted—

"(6A)    In proceedings by the council against the person served with the notice for the recovery of any expenses which the council are entitled to recover from that person, it shall not be open to that person to raise any question which could have been raised on an appeal under this section.
(6B)    Sections 291 and 293 of the Public Health Act 1936 (c. 49) shall have effect as if references therein to that Act included references to this section.".
(4)    In subsection (9), after “structure or erection” the words “or any apparatus or plant” are inserted.

20     Registration of unoccupied premises

(1)    As from the appointed day in the area of a participating council any premises forming part or all of a building that have remained unoccupied for a continuous period of six months shall be registered with the council.
(2)    On application for registration under this section the council shall register the premises specified in the application.
(3)    The council shall keep a register of the premises registered under this section.
(4)    The register shall not be made available to the public.
(5)    If any premises are not registered as required by subsection (1) above, the owner of the premises shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6)    If—
(a)    the council have reason to believe that premises registered under subsection (1) above are occupied; or
(b)    the owner of the premises applies for removal from the register;
    the council shall remove the premises from the register kept under subsection (3) above.
(7)    In this section—
  “material interest” means a freehold interest or a leasehold interest which was granted for a term of six months or more; and
  “owner” in relation to any premises means the person as regards whom the following conditions are fulfilled—
(a)    he has a material interest in the whole or any part of the premises; and
(b)    at least part of the premises or, as the case may be, of the part concerned is not subject to a material interest inferior to his interest.

PART 4

MISCELLANEOUS

21     Night café licensing

(1)    Section 4 (Interpretation of Part II) of the London Local Authorities Act 1990 (c. vii) applies in the area of a participating council in accordance with subsections (2) to (5) below.
(2)    The following definition shall be inserted in the appropriate place:—

  "“kept open for public refreshment or smoking” in paragraph (a) of the definition of “night café” below includes kept open to persons admitted to the premises before 11 o'clock in the evening;"
.
(3)    In paragraph (a), in the definition of “night café”, the words “or smoking” shall be inserted after “public refreshment”.
(4)    The following paragraph shall be inserted in the definition of “night café” after paragraph (c)—

  "; or
(d)    any premises in a borough which are kept open for public refreshment at any time between the hours of 5 o'clock in the morning and 11 o'clock in the evening and which are kept open to persons admitted to the premises (but not for public refreshment) after 11 o'clock in the evening;".
(5)    The following paragraph shall be inserted in the definition of “night café” after paragraph (vi)—

"(vii)    which are kept open between the hours of 11 o'clock and 11.20 in the evening only for the purpose of allowing persons already admitted to the premises to finish the consumption of refreshment provided to them before 11 o'clock.".
(6)    Section 17 (which makes provision about powers of entry in respect of night cafés) of the said Act of 1990 applies in the area of a participating council as if, after subsection (1)(b), the following paragraph were inserted—

"(c)    An authorised officer may at all reasonable times enter upon, inspect and examine premises which are licensed under this Part of this Act to ascertain whether conditions attached to the licence by virtue of section 6 (Licensing) of this Act are being complied with."
.

22     Street trading

(1)    Part III (Street trading) of the London Local Authorities Act 1990 (c. vii) shall apply in the area of a participating council in accordance with Schedule 3 to this Act.
(2)    The definition of “street trading” in section 2 (Interpretation) of the City of Westminster Act 1999 (c. i) is amended by the insertion, after paragraph (a), of of the following paragraph:—

"(aa)    the purchasing of or offering to purchase any such article for gain or reward; and"
.

23     Licensing: powers of entry

(1)    Paragraph 12(1) of Schedule 12 (Licensing of public entertainment in Greater London) of the London Government Act 1963 (c. 33) applies in the area of a participating council as if the words from “at which he has reason to believe” to “about to be given” were omitted.
(2)    Section 15 of the London Local Authorities Act 1991 (c. xiii) (which makes provision about powers of entry in respect of special treatment premises), applies in the area of a participating council as if after subsection (1), there were inserted the following subsection:—

"(1A)    An authorised officer may at all reasonable times enter upon, inspect and examine premises which are licensed under this Part of this Act to ascertain whether conditions attached to the licence by virtue of section 6 (Licensing under Part II) of this Act are being complied with."
.

24     Registration of door supervisors

Section 29 (Interpretation of Part V) of the London Local Authorities Act 1995 (c. x), applies in the area of a participating council as if in the definition of “licensed premises”, paragraph (f)(i) were omitted.

25     Soliciting for custom

(1)    Subject to the following provisions, it is an offence, in a public place in the area of a participating council, to solicit persons, or to permit the soliciting of persons to attend—
(a)    premises which the council are satisfied are being, or within the last 7 days have been, used for the unlicensed sale of intoxicating liquor for consumption on, or in the vicinity of, the premises;
(b)    premises which the council are satisfied are being, or within the last 7 days have been, used for the purposes of public dancing or music and any other public entertainment of the like kind, but which are not licensed under the paragraph 12 of Schedule 12 to the London Government Act 1963 (c. 33); or
(c)    near beer premises within the meaning of section 14 of the London Local Authorities Act 1995 (c. x) in respect of which no near beer licence under section 16 (Licensing) of that Act is held.
(2)    A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3)    In this section “public place” includes any highway and any other premises or place in the open to which at the material time the public have or are permitted to have access (whether on payment or otherwise).

26     Fixed penalty offences

(1)    Where on any occasion an authorised officer of a participating council finds a person who he has reason to believe has on that occasion committed, in the area of that council, an offence under—
(a)    subsection (5) of section 12 (Depositing of waste for collection) of this Act;
(b)    any of the enactments mentioned in columns (1) and (2) of the table set out in Schedule 4 to this Act and described in column (3) of that table; or
(c)    any byelaws made by the participating council under any enactment;
    the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
(2)    Sections 27 (Fixed penalty notices), 28 (Levels of fixed penalties) and 29 (Fixed penalties: reserve powers of Secretary of State) of this Act shall apply in respect of fixed penalty notices under this section.
(3)    The Secretary of State may, by regulations, amend Schedule 4 to this Act by the addition of further offences to the list of offences therein described.
(4)    In this section, and the said sections 27, 28 and 29, “the joint committee” means a single joint committee under section 101 of the Local Government Act 1972 (c. 70) formed by the participating councils and nominated as the joint committee for the purposes of those sections by the Association of London Government.
Such nomination is to be made before the end of the period of two months commencing on the date on which this Act is passed.
(5)    The joint committee nominated under subsection (4) above may include members of a London borough council which is not a participating council, but those members may not participate in proceedings or vote on any matter relating to the functions of the joint committee under this section, and the said sections 27, 28 and 29.

27     Fixed penalty notices

(1)    The provisions of this section shall have effect in relation to notices (in this section referred to as “fixed penalty notices”) which may be given under any of the enactments listed in subsection (2) below by an authorised officer in respect of an offence.
(2)    The enactments referred to in subsection (1) above are—
(a)    section 88(1) (Fixed penalty notices for leaving litter) of the Environmental Protection Act 1990 (c. 43);
(b)    regulations made under section 87(1) (Regulations relating to air quality strategy etc.) of the Environment Act 1995 (c. 25);
(c)    section 4(1) (Fixed penalty notices) of the Dogs (Fouling of Land) Act 1996 (c. 20); and
(d)    section 26 (Fixed penalty offences) of this Act.
(3)    Where a person is given a fixed penalty notice in respect of an offence—
(a)    no proceedings shall be instituted for that offence before the expiration of 14 days following the date of the notice; and
(b)    he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
(4)    A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—
(a)    the period during which, by virtue of subsection (3) above, proceedings will not be taken for the offence;
(b)    the amount of the fixed penalty; and
(c)    the name of the person to whom and the address at which the fixed penalty may be paid; and
    without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).
(5)    Where a letter is sent in accordance with subsection (4) above, payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(6)    The form of notices under this section shall be such as the Secretary of State may by order prescribe.
(7)    The fixed penalty payable in pursuance of a fixed penalty notice under this section shall be paid to the council.
(8)    Schedule 5 to this Act shall have effect with respect to financial provisions relating to fixed penalties.

28     Levels of fixed penalties

(1)    It shall be the duty of the participating councils to set the levels of fixed penalties payable to them.
(2)    Different levels may be set for different areas in Greater London and for different cases or classes of case.
(3)    In setting the level of fixed penalty under subsection (2) above the councils may take account of—
(a)    any reasonable costs or expected costs incurred or to be incurred in connection with the administration of the provisions of the enactment under which the particular fixed penalty offence is created; and
(b)    the cost or expected cost of enforcing the provisions of the relevant enactment.
(4)    Levels of fixed penalties set by the councils in accordance with this section may only come into force in accordance with section 29 (Fixed penalties: reserve powers of Secretary of State) of this Act.
(5)    The councils shall publish, in such manner as the Secretary of State may determine, the levels of fixed penalties which have been set by the councils in accordance with this section.
(6)    The functions conferred on councils by subsections (2) and (5) above shall be discharged by the joint committee.

29     Fixed penalties: reserve powers of Secretary of State

(1)    Where the participating councils set any levels of fixed penalties under subsection (1) of section 28 (Levels of fixed penalties) of this Act, they shall notify the Secretary of State of the levels of fixed penalties so set.
(2)    Where notification of any levels of fixed penalties is required to be given under subsection (1) above, the levels of fixed penalties shall not come into force until after the expiration of—
(a)    the period of one month beginning with the day on which the notification is given; or
(b)    such shorter period as the Secretary of State may allow.
(3)    If, before the expiration of that period, the Secretary of State gives notice to the joint committee that he objects to the levels of fixed penalties on the grounds that some or all of them are or may be excessive, those levels of fixed penalties shall not come into force unless and until the objection has been withdrawn.
(4)    If, at any time before the levels of fixed penalties required to be notified under subsection (1) above to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of fixed penalties.
(5)    Levels of fixed penalties set under subsection (4) above must be no higher than those notified under subsection (1) above.
(6)    Regulations under subsection (4) above are without prejudice to the duty imposed on participating councils by subsection (1) of the said section 28; but where the Secretary of State makes any such regulations the councils must not set any further fixed penalties under the said subsection (1) until after the expiration of the period of 12 months beginning with the day on which the regulations are made.

 

 
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