London Local Authorities Bill [HL]—continued
Part 3—continued
        House of Lords

 

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17     Defacement of buildings: protection of universal postal service providers

(1)    For the purposes of section 12(1) (Defacement of buildings) of the London Local Authorities Act 1995 (c. x), a universal service provider shall be deemed to be the occupier of any plant or apparatus comprising a universal postal service letter box or universal postal service pouch-box belonging to it.
(2)    Before serving any notice under section 12(1)(a) of that Act in respect of a universal postal service letter box or universal postal service pouch-box a council shall serve not less than 28 days' notice of their intention to do so on the universal service provider to which the letter box or pouch-box belongs.
(3)    In this section—
  “universal service provider” means any universal service provider for the purposes of the Postal Services Act 2000 (c. 26);
  “universal postal service letter box” has the meaning given in section 86(4) of that Act;
  “universal postal service pouch-box” has the meaning given in paragraph 1(10) of Schedule 6 to that Act.

18     Defacement of buildings: further protection of railway and waterway undertakers

(1)    Section 12 (Defacement of buildings) of the London Local Authorities Act 1995 (c. x) shall not apply to any surface which forms part of the operational land of a protected party unless it is a surface to which this section applies.
(2)    This section applies to any surface which abuts on or to which access is given directly from—
(a)    a street; or
(b)    any place other than a street to which the public have access as of right.
(3)    In this section—
  “protected party” has the same meaning as in section 13 of the said Act of 1995;
  “street” includes any highway, any bridge carrying a highway and any road, lane, mews, footway, square, court, alley or passage, whether a thoroughfare or not.

PART 4

FIXED PENALTIES

19     Fixed penalty offences

(1)    Where on any occasion an authorised officer of a borough 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)    any of the enactments mentioned in columns (1) and (2) of the table set out in Schedule 3 to this Act and described in column (3) of that table; or
(b)    any byelaws made by the borough 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 20 (Fixed penalty notices), 21 (Levels of fixed penalties) and 22 (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 3 to this Act by the addition of further offences to the list of offences therein described.
(4)    An authorised officer may not exercise the powers under subsection (1) above, and the said section 20 shall have no effect, until the levels of fixed penalties set by the councils in accordance with the said section 21 have come into force for the first time in accordance with the said section 22.

20     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 section 19 (Fixed penalty offences) of this Act by an authorised officer in respect of an offence.
(2)    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.
(3)    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 (2) 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).
(4)    Where a letter is sent in accordance with subsection (3) 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.
(5)    The form of notices under this section shall be such as the Secretary of State may by order prescribe.
(6)    The fixed penalty payable in pursuance of a fixed penalty notice under this section shall be paid to the borough council.
(7)    Schedule 4 to this Act shall have effect with respect to financial provisions relating to fixed penalties payable in pursuance of a fixed penalty notice under this section.
(8)    In any proceedings a certificate which—
(a)    purports to be signed by or on behalf of the chief finance officer of the borough council; and
(b)    states that payment of a fixed penalty was or was not received by a date specified in the certificate,
    shall be evidence of the facts stated.
(9)    In this section, “chief finance officer”, in relation to a borough council, means the person having responsibility for the financial affairs of the council.

21     Levels of fixed penalties

(1)    It shall be the duty of the borough councils to set the levels of fixed penalties payable to them under section 20 (Fixed penalty notices) of this Act.
(2)    In setting the level of fixed penalty under subsection (1) 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.
(3)    Levels of fixed penalties set by the councils in accordance with this section may only come into force in accordance with section 22 (Fixed penalties: reserve powers of Secretary of State) of this Act.
(4)    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.
(5)    The functions conferred on councils by subsections (1) and (4) above shall be discharged by the joint committee.
(6)    In this section, and the said section 22, “the joint committee” means a single joint committee under section 101 of the Local Government Act 1972 (c. 70) formed by the borough councils for the purposes of those sections.

The joint committee is to be formed before the end of the period of six months commencing on the date on which this Act is passed.

22     Fixed penalties: reserve powers of Secretary of State

(1)    Where the borough councils set any levels of fixed penalties under subsection (1) of section 21 (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 borough councils by subsection (1) of the said section 21; 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.

PART 5

MISCELLANEOUS

23     Night café licensing

(1)    In section 4 (Interpretation of Part II) of the London Local Authorities Act 1990 (c. vii), in the definition of “night café”, for paragraphs (a) and (b) there shall be substituted—

    "(a)    any premises in a borough which are kept open, for public refreshments, at any time between 11pm and 5am; or
    "(aa)    any premises in a borough which—
    "(i)    are kept open, for public refreshment on the premises, at any time between 5am and 11pm; and
    "(ii)    are also open, but not for that purpose, at any time between 11pm and 5am; or
    "(b)    any premises in a borough where meals or refreshments are supplied, for consumption exclusively off the premises, at any time between midnight and 5am; or".
(2)    The said section 4 as so amended shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted—

    "(2)    Paragraph (aa) of the definition of “night café” in subsection (1) above does not apply to any premises solely because persons are allowed to remain in the premises in order to finish the consumption of refreshment provided to them before 11pm, at any time between 11pm and 11.20pm.".
(3)    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 borough 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.".

24     Street trading

(1)    Part III (Street trading) of the London Local Authorities Act 1990 (c. vii) is amended in accordance with Schedule 5 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 the following paragraph—

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

25     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 borough 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), is amended by the insertion after subsection (1) of 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.".

26     Soliciting for custom

(1)    Subject to the following provisions, it is an offence, in a public place in the area of a borough 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 paragraph 12 of Schedule 12 to the London Government Act 1963; 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)    This section shall not apply in respect of the operational land of a person authorised by any enactment to carry on any railway, light railway or tramway undertaking.
(4)    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).

27     Greater London Magistrates' Courts Authority

Regulations under section 59B(3) of the Justices of the Peace Act 1997 (c. 25) may provide that the amount to be paid by each London local authority to the Greater London Magistrates' Courts Authority under that subsection may be determined by reference to the council tax base for each London local authority, calculated in accordance with regulations made under section 33 of the Local Government Finance Act 1992 (c. 14).

28     Hotel Proprietors Act 1956

(1)    The Hotel Proprietors Act 1956 (c. 62) (which makes provision for the making good of loss or damage to a guest's property by hotel proprietors) shall have effect in the area of a borough council as if—
(a)    in section 2(3) for “fifty pounds” there were substituted “£1,000” and for “one hundred pounds” there were substituted “£2,000”; and
(b)    in paragraph (b) of the Schedule for “£50” there were substituted “£1,000” and for “£100” there were substituted “£2,000”.
(2)    The Secretary of State may, by regulations, alter the amounts mentioned in the said section 2(3) and paragraph (b) as amended by subsection (1) above.
(3)    Regulations under this section may have effect only in relation to the area of a borough council.
 

 
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Prepared 28 March 2003