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Violent Crime Reduction Bill


Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders

1

 

A

Bill

[AS AMENDED IN COMMITTEE]

To

Make provision for reducing and dealing with the abuse of alcohol; to make

provision about real and imitation firearms, about ammunition and about

knives and other weapons; to amend the Football Spectators Act 1989 and the

Football (Disorder) Act 2000; to amend the Sexual Offences Act 2003 and

section 8 of the Crime and Disorder Act 1998; to amend section 23 of the

Children and Young Persons Act 1969; to amend the Mobile Telephones (Re-

programming) Act 2002; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Alcohol-related violence and disorder

Chapter 1

Drinking banning orders

Introductory

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1       

Drinking banning orders

(1)   

A drinking banning order is an order that prohibits the individual against

whom it is made (“the subject”) from doing the things described in the order.

(2)   

Such an order may impose any prohibition on the subject which is necessary

for the purpose of protecting other persons from criminal or disorderly

10

conduct by the subject while he is under the influence of alcohol.

 
HL Bill 11254/1
 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders

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(3)   

The prohibitions imposed by such an order must include such prohibition as

the court making it considers necessary, for that purpose, on the subject’s

entering—

(a)   

premises in respect of which there is a premises licence authorising the

use of the premises for the sale of alcohol by retail; and

5

(b)   

premises in respect of which there is a club premises certificate

authorising the use of the premises for the supply of alcohol to

members or guests.

(4)   

A drinking banning order may not impose a prohibition on the subject that

prevents him—

10

(a)   

from having access to a place where he resides;

(b)   

from attending at any place which he is required to attend for the

purposes of any employment of his or of any contract of services to

which he is a party;

(c)   

from attending at any place which he is expected to attend during the

15

period for which the order has effect for the purposes of education or

training or for the purpose of receiving medical treatment; or

(d)   

from attending at any place which he is required to attend by any

obligation imposed on him by or under an enactment or by the order of

a court or tribunal.

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(5)   

Expressions used in subsection (3) and in the Licensing Act 2003 (c. 17) or in a

Part of that Act have the same meanings in that subsection as in that Act or

Part.

2       

Duration of drinking banning orders

(1)   

A drinking banning order has effect for a period specified in the order (“the

25

specified period”), which must be not less than two months and not more than

two years.

(2)   

A drinking banning order may provide that different prohibitions contained in

the order have effect for different periods; but, in each case, the period (“the

prohibition period”) must be not less than two months and not more than two

30

years.

(3)   

A drinking banning order may include provision for—

(a)   

the order, or

(b)   

a prohibition contained in it,

   

to cease to have effect before the end of the specified period or the prohibition

35

period if the subject satisfactorily completes the approved course specified in

the order.

(4)   

Provision under subsection (3) must fix the time at which the order or the

prohibition will cease to have effect if the subject satisfactorily completes the

specified approved course as whichever is the later of—

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(a)   

the time specified in the order in accordance with subsection (5); and

(b)   

the time when he does satisfactorily complete that course.

(5)   

The time specified for the purposes of subsection (4)(a) must be a time after the

expiry of at least half the specified period or (as the case may be) the

prohibition period.

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Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders

3

 

(6)   

Provision under subsection (3)  may be included in a drinking banning order

only if—

(a)   

the court making the order is satisfied that a place on the specified

approved course will be available for the subject; and

(b)   

the subject has agreed to the inclusion of the provision in question in

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the order.

(7)   

Before making provision under subsection (3), the court must inform the

subject in ordinary language (whether in writing or otherwise) about—

(a)   

the effect of including the provision in the order;

(b)   

what, in general terms, attendance on the course will involve if he

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undertakes it;

(c)   

any fees he will be required to pay for the course if he undertakes it; and

(d)   

when he will have to pay any such fees.

(8)   

Where a court makes a drinking banning order which does not include

provision under subsection (3), it must give its reasons for not including such

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provision in open court.

(9)   

The Secretary of State may by regulations amend subsection (5) so as to modify

the earliest time (after the completion of the specified approved course) when

by virtue of that subsection—

(a)   

a drinking banning order, or

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(b)   

a prohibition contained in such an order,

   

may cease to have effect.

Orders made on application

3       

Orders on an application to magistrates’ court

(1)   

An application to a magistrates’ court for the making of a drinking banning

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order against an individual may be made by a relevant authority if—

(a)   

it appears to the authority that the conditions in subsection (2) are

satisfied with respect to the individual; and

(b)   

the individual is aged 16 or over.

(2)   

The conditions are—

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(a)   

that the individual has, after the commencement of this section,

engaged in criminal or disorderly conduct while under the influence of

alcohol; and

(b)   

that such an order is necessary to protect other persons from further

conduct by him of that kind while he is under the influence of alcohol.

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(3)   

An application under this section to a magistrates’ court has to be made by

complaint.

(4)   

Before making an application under this section, a relevant authority must

consult the appropriate persons.

(5)   

If, on an application under this section with respect to an individual, it is

40

proved that the conditions in subsection (2) are satisfied in his case, the

magistrates’ court may make a drinking banning order against him.

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders

4

 

(6)   

Nothing in this section affects the operation of section 127 of the Magistrates’

Courts Act 1980 (c. 43) (limitation of time in respect of informations laid or

complaints made in magistrates’ court).

4       

Orders in county court proceedings

(1)   

This section applies where proceedings have been brought in a county court.

5

(2)   

If a relevant authority—

(a)   

is a party to the proceedings, and

(b)   

considers that another party to the proceedings is an individual in

relation to whom it would be reasonable for it to make an application

under section 3,

10

   

it may make an application in the proceedings for a drinking banning order

against the individual.

(3)   

If a relevant authority—

(a)   

is not a party to the proceedings, and

(b)   

considers that a party to the proceedings is an individual in relation to

15

whom it would be reasonable for it to make an application under

section 3,

   

it may make an application to be joined to those proceedings for the purposes

of this section and (if it is joined) may apply for a drinking banning order

against the individual.

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(4)   

Subsection (5) applies if a relevant authority is a party to the proceedings and

considers that—

(a)   

an individual who is not a party to the proceedings has engaged in

criminal or disorderly conduct while under the influence of alcohol;

and

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(b)   

that conduct is material in relation to the proceedings.

(5)   

The relevant authority—

(a)   

may make an application for the individual to be joined for the

purposes of this section; and

(b)   

if that individual is joined, may apply for a drinking banning order

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against him.

(6)   

A relevant authority must consult the appropriate persons—

(a)   

before making an application for a drinking banning order under

subsection (2);

(b)   

before making an application to be joined to proceedings under

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subsection (3);

(c)   

before making an application to join an individual to proceedings

under subsection (5).

(7)   

If, on an application under this section for a drinking banning order against an

individual—

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(a)   

it is proved that the conditions in section 3(2) are satisfied in relation to

the individual, and

(b)   

his criminal or disorderly conduct while under the influence of alcohol

is material in relation to the proceedings,

   

the court may make a drinking banning order against him.

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