Policing and Crime Bill

House of Lords

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments
26

     (12)
For the purposes of this paragraph relevant entertainment is
provided if, and only if, it is provided, or permitted to be provided,
by or on behalf of the organiser.
     (13)
For the purposes of this Schedule references to the use of any
premises as a sex encounter venue are to be read as references to their
5
use by the organiser.
     (14)
In this paragraph—
“audience” includes an audience of one;
“display of nudity” means—
(a)
in the case of a woman, exposure of her nipples, pubic
10
area, genitals or anus; and
(b)
in the case of a man, exposure of his pubic area,
genitals or anus;
“the organiser”, in relation to the provision of relevant
entertainment at premises, means any person who is
15
responsible for the organisation or management of—
(a)
the relevant entertainment; or
(b)
the premises;
“premises” includes any vessel, vehicle or stall but does not
include any private dwelling to which the public is not
20
admitted;
“relevant national authority” means—
(a)
in relation to England, the Secretary of State; and
(b)
in relation to Wales, the Welsh Ministers;

and for the purposes of sub-paragraphs (1) and (2) it does not matter
25
whether the financial gain arises directly or indirectly from the
performance or display of nudity.”
(4)
In paragraph 9(1) (duration of licence) after “paragraph 16” insert “or 27A
below”.
(5)
In paragraph 12(3) (refusal of licences) for paragraph (c) substitute—
30
“(c)
that the number of sex establishments, or of sex
establishments of a particular kind, in the relevant locality at
the time the application is determined is equal to or exceeds
the number which the authority consider is appropriate for
that locality;”.
35
(6)
In paragraph 13 (power to prescribe standard conditions)—
(a)
in sub-paragraph (2)(a) after “for” insert “sex encounter venues,”,
(b)
in sub-paragraph (2)(b) after “of” insert “sex encounter venues,”, and
(c)
in sub-paragraph (3) for paragraph (d) (as originally enacted)
substitute—
40
“(d)
any change from one kind of sex establishment
mentioned in sub-paragraph (2)(a) above to another
kind of sex establishment so mentioned.”
(7)
In paragraph 19 (fees in relation to applications) after “grant,” insert
“variation,”.
45

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments
27

(8)
After paragraph 25 (powers of constables and local authority officers) insert—
“25A  (1)
A person acting under the authority of a warrant under paragraph
25(4) may seize and remove anything found on the premises
concerned that the person reasonably believes could be forfeited
under sub-paragraph (4).
5
      (2)
The person who, immediately before the seizure, had custody or
control of anything seized under sub-paragraph (1) may request any
authorised officer of a local authority who seized it to provide a
record of what was seized.
      (3)
The authorised officer must provide the record within a reasonable
10
time of the request being made.
      (4)
The court by or before which a person is convicted of an offence
under paragraph 20 or 23 of this Schedule may order anything—
(a)
produced to the court; and
(b)
shown to the satisfaction of the court to relate to the offence;
15

to be forfeited and dealt with in such manner as the court may order.
      (5)
But the court may not order the forfeiture of anything under sub-
paragraph (4) if it (whether alone or taken together with other things
being forfeited which appear to the court to have been in the custody
or control of the same person) is worth more than the amount of the
20
maximum fine specified in paragraph 22(1).
      (6)
Sub-paragraph (7) applies if a person claiming to be the owner of, or
otherwise interested in, anything that may be forfeited applies to be
heard by the court.
      (7)
The court may not order the forfeiture unless the person has had an
25
opportunity to show why the order should not be made.”
(9)
After paragraph 27(10) (appeals) insert—
  “(10A)
Sub-paragraph (10) does not apply if the grounds for refusing an
application for the renewal of a licence are those set out in paragraph
12(3)(c) or (d) of this Schedule.”
30
(10)
After paragraph 27 (appeals) insert—
“Premises which are deemed sex encounter venues
27A   (1)
This paragraph applies if—
(a)
premises are subject to a licence for a sex encounter venue;
and
35
(b)
their use would be use as such a venue but for the operation
of paragraph 2A(3)(b).
      (2)
This Schedule applies as if—
(a)
the premises were a sex encounter venue; and
(b)
the use or business of the premises was use as, or the business
40
of, such a venue.
      (3)
But the appropriate authority must cancel the licence if the holder of
the licence asks them in writing to do so.

Policing and Crime Bill
Part 3 — Alcohol misuse
28

      (4)
In this paragraph “premises” has the same meaning as in paragraph
2A.”
(11)
Schedule 3 (provisions which are transitional on this section) has effect.
Part 3
Alcohol misuse
5
28
Increase in penalty for offence
In section 12(4) of the Criminal Justice and Police Act 2001 (c. 16) (penalty for
offence of consuming alcohol in a designated public place) for “level 2”
substitute “level 4”.
29
Selling alcohol to children
10
In section 147A(1)(a) of the Licensing Act 2003 (c. 17) (offence of selling alcohol
to children on different occasions) for “3 or more different occasions” substitute
“2 or more different occasions”.
30
Confiscating alcohol from young persons
(1)
Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)
15
(confiscation of alcohol from young persons in a public place etc) is amended
as follows.
(2)
In subsection (1) omit “and to state his name and address”.
(3)
After subsection (1) insert—
“(1AA)
A constable who imposes a requirement on a person under subsection
20
(1) shall also require the person to state the person’s name and address.
(1AB)
A constable who imposes a requirement on a person under subsection
(1) may, if the constable reasonably suspects that the person is under
the age of 16, remove the person to the person’s place of residence or a
place of safety.”
25
(4)
Subsection (1A) is omitted.
(5)
In subsection (3) after “subsection (1)” insert “or (1AA)”.
(6)
In subsection (4) after “that subsection” insert “or (1AA)”.
(7)
In subsection (6) omit “and (1A)”.
31
Offence of persistently possessing alcohol in a public place
30
(1)
A person under the age of 18 is guilty of an offence if, without reasonable
excuse, the person is in possession of alcohol in any relevant place on 3 or more
occasions within a period of 12 consecutive months.
(2)
“Relevant place”, in relation to a person, means—
(a)
any public place, other than excluded premises, or
35
(b)
any place, other than a public place, to which the person has unlawfully
gained access.

Policing and Crime Bill
Part 4 — Injunctions: gang-related violence
29

(3)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
(4)
For the purposes of subsection (2) a place is a public place if at the material time
the public or any section of the public has access to it, on payment or otherwise,
as of right or by virtue of express or implied permission.
5
(5)
In subsection (2) “excluded premises”—
(a)
in relation to England and Wales, means—
(i)
premises which may by virtue of Part 3 or 5 of the Licensing Act
2003 (c. 17) (premises licence or permitted temporary activity)
be used for the supply of alcohol,
10
(ii)
premises which may by virtue of Part 4 of that Act (club
premises certificate) be used for the supply of alcohol to
members or guests,
(b)
in relation to Northern Ireland, means—
(i)
licensed premises within the meaning of the 1996 Licensing
15
Order,
(ii)
premises of a club registered under the Registration of Clubs
(Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23)),
(iii)
premises for which an occasional licence (within the meaning of
the 1996 Licensing Order) has been granted.
20
(6)
In this section “alcohol”—
(a)
in relation to England and Wales, has the same meaning as in the
Licensing Act 2003,
(b)
in relation to Northern Ireland, has the same meaning as “intoxicating
liquor” in the 1996 Licensing Order.
25
(7)
References in this section to the 1996 Licensing Order are to the Licensing
(Northern Ireland) Order 1996 (S. I. 1996/3158 (N. I. 22)).
32
Directions to individuals who represent a risk of disorder
In section 27(1) of the Violent Crime Reduction Act 2006 (c. 38) (power to
require person to leave a public place etc) for “aged 16 or over” substitute “aged
30
10 or over”.
33
General licensing conditions relating to alcohol
Schedule 4 (which makes provision about general licensing conditions relating
to alcohol) has effect.
Part 4
35
Injunctions: gang-related violence
Power to grant injunctions
34
Injunctions to prevent gang-related violence
(1)
A court may grant an injunction under this section if two conditions are met.

Policing and Crime Bill
Part 4 — Injunctions: gang-related violence
30

(2)
The first condition is that the court is satisfied on the balance of probabilities
that the respondent has engaged in, or has encouraged or assisted, gang-
related violence.
(3)
The second condition is that the court thinks it is necessary to grant the
injunction for either or both of the following purposes—
5
(a)
to prevent the respondent from engaging in, or encouraging or
assisting, gang-related violence;
(b)
to protect the respondent from gang-related violence.
(4)
An injunction under this section may (for either or both of those purposes)—
(a)
prohibit the respondent from doing anything described in the
10
injunction;
(b)
require the respondent to do anything described in the injunction.
(5)
In this section “gang-related violence” means violence or a threat of violence
which occurs in the course of, or is otherwise related to, the activities of a group
that—
15
(a)
consists of at least 3 people,
(b)
uses a name, emblem or colour or has any other characteristic that
enables its members to be identified by others as a group, and
(c)
is associated with a particular area.
Contents of injunctions
20
35
Contents of injunctions
(1)
This section applies in relation to an injunction under section 34.
(2)
The prohibitions included in the injunction may, in particular, have the effect
of prohibiting the respondent from—
(a)
being in a particular place;
25
(b)
being with particular persons in a particular place;
(c)
being in charge of a particular species of animal in a particular place;
(d)
wearing particular descriptions of articles of clothing in a particular
place;
(e)
using the internet to facilitate or encourage violence.
30
(3)
The requirements included in the injunction may, in particular, have the effect
of requiring the respondent to—
(a)
notify the person who applied for the injunction of the respondent’s
address and of any change to that address;
(b)
be at a particular place between particular times on particular days;
35
(c)
present himself or herself to a particular person at a place where he or
she is required to be between particular times on particular days;
(d)
participate in particular activities between particular times on
particular days.
(4)
A requirement of the kind mentioned in subsection (3)(b) may not be such as
40
to require the respondent to be at a particular place for more than 8 hours in
any day.
(5)
The prohibitions and requirements included in the injunction must, so far as
practicable, be such as to avoid—

Policing and Crime Bill
Part 4 — Injunctions: gang-related violence
31

(a)
any conflict with the respondent’s religious beliefs, and
(b)
any interference with the times, if any, at which the respondent
normally works or attends any educational establishment.
(6)
Nothing in subsection (2) or (3) affects the generality of section 34(4).
(7)
In subsection (2) “place” includes an area.
5
36
Contents of injunctions: supplemental
(1)
This section applies in relation to an injunction under section 34.
(2)
The court must specify, in relation to each prohibition or requirement in the
injunction, whether it is to be in force—
(a)
until further order, or
10
(b)
until the end of a specified period.
(3)
The court may order the applicant and the respondent to attend a review
hearing on a specified date.
(4)
A review hearing is a hearing held for the purpose of considering whether the
injunction should be varied or discharged.
15
(5)
The court may attach a power of arrest in relation to—
(a)
any prohibition in the injunction, or
(b)
any requirement in the injunction, other than one which has the effect
of requiring the respondent to participate in particular activities.
(6)
If the court attaches a power of arrest, it may specify that the power is to have
20
effect for a shorter period than the prohibition or requirement to which it
relates.
Applications
37
Applications for injunctions under section 34
(1)
An application for an injunction under section 34 may be made by—
25
(a)
the chief officer of police for a police area,
(b)
the chief constable of the British Transport Police Force, or
(c)
a local authority.
(2)
In this Part “local authority” means—
(a)
in relation to England, a district council, a county council, a London
30
borough council, the Common Council of the City of London or the
Council of the Isles of Scilly;
(b)
in relation to Wales, a county council or a county borough council.
38
Consultation by applicants for injunctions
(1)
Before applying for an injunction under section 37, the applicant must comply
35
with the consultation requirement.
(2)
The consultation requirement is that the applicant must consult—
(a)
any local authority, and any chief police officer, that the applicant
thinks it appropriate to consult, and

Policing and Crime Bill
Part 4 — Injunctions: gang-related violence
32

(b)
any other body or individual that the applicant thinks it appropriate to
consult.
39
Applications without notice
(1)
An application under section 37 may be made without the respondent being
given notice.
5
(2)
In this Part, such an application is referred to as an application without notice.
(3)
Section 38(1) does not apply in relation to an application without notice.
(4)
If an application without notice is made the court must either—
(a)
dismiss the application, or
(b)
adjourn the proceedings.
10
(5)
If the court acts under subsection (4)(b), the applicant must comply with the
consultation requirement before the date of the first full hearing.
(6)
In this section “full hearing” means a hearing of which notice has been given to
the applicant and respondent in accordance with rules of court.
Interim injunctions
15
40
Interim injunctions: adjournment of on notice hearing
(1)
This section applies if—
(a)
the court adjourns the hearing of an application for an injunction under
section 34, and
(b)
the respondent was notified of the hearing in accordance with rules of
20
court.
(2)
The court may grant an interim injunction if it thinks that it is just and
convenient to do so.
(3)
An interim injunction under this section may not include a prohibition or
requirement which is expressed to be in force until further order.
25
(4)
Except as provided by subsection (3), an interim injunction under this section
may include any provision which the court has power to include in an
injunction granted under section 34 (including a power of arrest).
41
Interim injunctions: adjournment of without notice hearing
(1)
This section applies if the court adjourns the hearing of an application without
30
notice under section 39(4)(b).
(2)
The court may grant an interim injunction if it thinks that it is necessary to do
so.
(3)
An interim injunction under this section may not—
(a)
include a prohibition or requirement which is expressed to be in force
35
until further order, or
(b)
have the effect of requiring the respondent to participate in particular
activities.