House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Violent Crime Reduction Bill


Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

15

 

(3)   

References in this Chapter to premises’ being in a locality (however described)

include references to their being partly in that locality.

(4)   

The powers of the Secretary of State to make regulations under this Chapter

shall be exercisable by statutory instrument subject to annulment in pursuance

of a resolution of either House of Parliament.

5

(5)   

Those powers all include power—

(a)   

to make different provision for different cases;

(b)   

to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

(c)   

to make such incidental, supplemental, consequential and transitional

10

provision as he thinks fit.

(6)   

Subsection (5)(b) is subject to the restriction on exemptions contained in section

12(7).

Chapter 3

Other provisions

15

Licence reviews

18      

Power of police to require review of premises licence

After section 53 of the Licensing Act 2003 (c. 17), insert—

Summary reviews in serious cases of crime or disorder

53A     

Summary reviews on application of senior police officer

20

(1)   

The chief officer of police of a police force for a police area may apply

under this section to the relevant licensing authority for a review of the

premises licence for any premises wholly or partly in that area if—

(a)   

the premises are licensed premises in relation to the sale of

alcohol by retail; and

25

(b)   

a senior member of that force has given a certificate that it is his

opinion that the premises are associated with serious crime or

serious disorder or both;

   

and that certificate must accompany the application.

(2)   

On receipt of such an application, the relevant licensing authority

30

must—

(a)   

within 48 hours of the time of its receipt, consider under section

53B whether it is necessary to take interim steps pending the

determination of a review of the premises licence; and

(b)   

within 28 days after the day of its receipt, review that licence in

35

accordance with section 53C and reach a determination on that

review.

(3)   

The Secretary of State must by regulations—

(a)   

require a relevant licensing authority to whom an application

for a review under this section has been made to give notice of

40

the review to the holder of the premises licence and to every

responsible authority;

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

16

 

(b)   

prescribe the period after the making of the application within

which the notice under paragraph (a) must be given;

(c)   

require a relevant licensing authority to advertise the review,

inviting representations about it to be made to the authority by

the responsible authorities and interested parties;

5

(d)   

prescribe the period after the making of the application within

which the advertisement must be published;

(e)   

prescribe the period after the publication of the advertisement

during which representations may be made by the holder of the

premises licence, any responsible authority or any interested

10

party; and

(f)   

require a notice or advertisement under paragraph (a) or (c) to

specify the period prescribed under paragraph (e).

(4)   

In this section—

‘senior member’, in relation to a police force, means a police

15

officer who is a member of that force and of or above the rank

of superintendent; and

‘serious crime’ has the same meaning as in the Regulation of

Investigatory Powers Act 2000 (c. 23) (see section 81(2) and (3)

of that Act).

20

(5)   

In computing the period of 48 hours mentioned in subsection (2)(a)

time that is not on a working day is to be disregarded.

53B     

Interim steps pending review

(1)   

This section applies to the consideration by a relevant licensing

authority on an application under section 53A whether it is necessary

25

to take interim steps pending the determination of the review applied

for.

(2)   

The consideration may take place without the holder of the premises

licence having been given an opportunity to make representations to

the relevant licensing authority.

30

(3)   

The interim steps the relevant licensing authority must consider taking

are—

(a)   

the modification of the conditions of the premises licence;

(b)   

the exclusion of the sale of alcohol by retail from the scope of the

licence;

35

(c)   

the removal of the designated premises supervisor from the

licence;

(d)   

the suspension of the licence.

(4)   

For the purposes of subsection (3)(a) the conditions of a premises

licence are modified if any of them is altered or omitted or any new

40

condition is added.

(5)   

Where on its consideration of whether to take interim steps the relevant

licensing authority does take one or more such steps—

(a)   

its decision takes effect immediately or as soon after that as that

authority directs; but

45

(b)   

it must give immediate notice of its decision and of its reasons

for making it to—

(i)   

the holder of the premises licence; and

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

17

 

(ii)   

the chief officer of police for the police area in which the

premises are situated (or for each police area in which

they are partly situated).

(6)   

If the holder of the premises licence makes, and does not withdraw,

representations against any interim steps taken by the relevant

5

licensing authority, the authority must, within 48 hours of the time of

its receipt of the representations, hold a hearing to consider those

representations.

(7)   

The relevant licensing authority must give advance notice of the

hearing to—

10

(a)   

the holder of the premises licence;

(b)   

the chief officer of police for the police area in which the

premises are situated (or for each police area in which they are

partly situated).

(8)   

At the hearing, the relevant licensing authority must—

15

(a)   

consider whether the interim steps are necessary for the

promotion of the licensing objectives; and

(b)   

determine whether to withdraw or modify the steps taken.

(9)   

In considering those matters the relevant licensing authority must have

regard to—

20

(a)   

the certificate that accompanied the application;

(b)   

any representations made by the chief officer of police for the

police area in which the premises are situated (or for each police

area in which they are partly situated); and

(c)   

any representations made by the holder of the premises licence.

25

(10)   

In computing the period of 48 hours mentioned in subsection (6) time

that is not on a working day is to be disregarded.

53C     

Review of premises licence following review notice

(1)   

This section applies to a review of a premises licence which a relevant

licensing authority has to conduct on an application under section 53A.

30

(2)   

The relevant licensing authority must—

(a)   

hold a hearing to consider the application for the review and

any relevant representations;

(b)   

take such steps mentioned in subsection (3) (if any) as it

considers necessary for the promotion of the licensing

35

objectives; and

(c)   

secure that, from the coming into effect of the decision made on

the determination of the review, any interim steps having effect

pending that determination cease to have effect (except so far as

they are comprised in steps taken in accordance with paragraph

40

(b)).

(3)   

Those steps are—

(a)   

the modification of the conditions of the premises licence,

(b)   

the exclusion of a licensable activity from the scope of the

licence,

45

(c)   

the removal of the designated premises supervisor from the

licence,

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

18

 

(d)   

the suspension of the licence for a period not exceeding three

months, or

(e)   

the revocation of the licence.

(4)   

For the purposes of subsection (3)(a) the conditions of a premises

licence are modified if any of them is altered or omitted or any new

5

condition is added.

(5)   

Subsection (2)(b) is subject to sections 19, 20 and 21 (requirement to

include certain conditions in premises licences).

(6)   

Where the authority takes a step within subsection (3)(a) or (b), it may

provide that the modification or exclusion is to have effect only for a

10

specified period (not exceeding three months).

(7)   

In this section ‘relevant representations’ means representations

which—

(a)   

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

(b)   

meet the requirements of subsection (8).

15

(8)   

The requirements are—

(a)   

that the representations are made by the holder of the premises

licence, a responsible authority or an interested party within the

period prescribed under subsection 53A(3)(e),

(b)   

that they have not been withdrawn, and

20

(c)   

if they are made by an interested party (who is not also a

responsible authority), that they are not, in the opinion of the

relevant licensing authority, frivolous or vexatious.

(9)   

Where the relevant licensing authority determines that any

representations are frivolous or vexatious, it must notify the person

25

who made them of the reasons for that determination.

(10)   

Where a relevant licensing authority determines a review under this

section it must notify the determination and its reasons for making it

to—

(a)   

the holder of the premises licence,

30

(b)   

any person who made relevant representations, and

(c)   

the chief officer of police for the police area in which the

premises are situated (or for each police area in which they are

partly situated).

(11)   

A decision under this section does not have effect until—

35

(a)   

the end of the period given for appealing against the decision,

or

(b)   

if the decision is appealed against, the time the appeal is

disposed of.”

19      

Provisions supplemental to s. 18

40

(1)   

In section 10(4) of the Licensing Act 2003 (c. 17) (matters not capable of

delegation to officers of a relevant licensing authority)—

(a)   

in paragraph (a), after sub-paragraph (vi) insert—

“(via)   

section 53A(2)(a) or 53B (determination of

interim steps pending summary review),”;

45

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

19

 

(b)   

after paragraph (b), insert—

“(ba)   

any function under section 53C (review following

review notice), in a case where relevant representations

(within the meaning of section 53C(7)) have been

made,”.

5

(2)   

In Schedule 5 to that Act (appeals), after paragraph 8 insert—

Summary review of premises licence

8A    (1)  

This paragraph applies where a review of a premises licence is

decided under section 53A(2)(b) (review of premises licence

following review notice).

10

      (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,

(b)   

the holder of the premises licence, or

(c)   

any other person who made relevant representations in

15

relation to the application for the review.

      (3)  

In sub-paragraph (2) ‘relevant representations’ has the meaning

given in section 53C(7).”

Persistently selling alcohol to children

20      

Offence of persistently selling alcohol to children

20

(1)   

After section 147 of the Licensing Act 2003 (c. 17) insert—

“147A   

  Persistently selling alcohol to children

(1)   

A person is guilty of an offence if—

(a)   

on 3 or more different occasions within a period of 3

consecutive months alcohol is unlawfully sold on the same

25

premises to an individual aged under 18;

(b)   

at the time of each sale the premises were either licensed

premises or premises authorised to be used for a permitted

temporary activity by virtue of Part 5; and

(c)   

that person was a responsible person in relation to the premises

30

at each such time.

(2)   

For the purposes of this section alcohol sold to an individual aged

under 18 is unlawfully sold to him if—

(a)   

the person making the sale believed the individual to be aged

under 18; or

35

(b)   

that person did not have reasonable grounds for believing the

individual to be aged 18 or over.

(3)   

For the purposes of subsection (2) a person has reasonable grounds for

believing an individual to be aged 18 or over only if—

(a)   

he asked the individual for evidence of his age and that

40

individual produced evidence that would have convinced a

reasonable person; or

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

20

 

(b)   

nobody could reasonably have suspected from the individual’s

appearance that he was aged under 18.

(4)   

A person is, in relation to premises and a time, a responsible person for

the purposes of subsection (1) if, at that time, he is—

(a)   

the person or one of the persons holding a premises licence in

5

respect of the premises; or

(b)   

the person or one of the persons who is the premises user in

respect a temporary event notice by reference to which the

premises are authorised to be used for a permitted temporary

activity by virtue of Part 5.

10

(5)   

The individual to whom the sales mentioned in subsection (1) are made

may, but need not be, the same in each case.

(6)   

The same sale may not be counted in respect of different offences for the

purpose—

(a)   

of enabling the same person to be convicted of more than one

15

offence under this section; or

(b)   

of enabling the same person to be convicted of both an offence

under this section and an offence under section 146 or 147.

(7)   

In determining whether an offence under this section has been

committed, the following shall be admissible as evidence that there has

20

been an unlawful sale of alcohol to an individual aged under 18 on any

premises on any occasion—

(a)   

the conviction of a person for an offence under section 146 in

respect of a sale to that individual on those premises on that

occasion;

25

(b)   

the giving to a person of a caution (within the meaning of Part

5 of the Police Act 1997) in respect of such an offence; or

(c)   

the payment by a person of a fixed penalty under Part 1 of the

Criminal Justice and Police Act 2001 in respect of such a sale.

(8)   

A person guilty of an offence under this section shall be liable, on

30

summary conviction, to a fine not exceeding £10,000.

(9)   

The Secretary of State may by order amend subsection (8) to increase

the maximum fine for the time being specified in that subsection.

147B    

Order suspending a licence in respect of offence under section 147A

(1)   

Where the holder of a premises licence is convicted of an offence under

35

section 147A in respect of sales on the premises to which the licence

relates, the court may order that so much of the licence as authorises the

sale by retail of alcohol on those premises is suspended for a period not

exceeding three months.

(2)   

Where more than one person is liable for an offence under section 147A

40

relating to the same sales, no more than one order under subsection (1)

may be made in relation to the premises in question in respect of

convictions by reference to those sales.

(3)   

Subject to subsections (4) and (5), an order under subsection (1) comes

into force at the time specified by the court that makes it.

45

(4)   

Where a magistrates’ court makes an order under subsection (1), it may

suspend its coming into force pending an appeal.

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

21

 

(5)   

Section 130 (powers of appellate court to suspend section 129 order)

applies (with the omission of subsection (9)) where an order under

subsection (1) is made on conviction of an offence under section 147A

as it applies where an order under section 129 is made on conviction of

a relevant offence in Part 6.”

5

(2)   

In section 186(2) of that Act (persons who may institute prosecutions under

that Act)—

(a)   

in paragraph (a) (licensing authority), at the beginning insert “except in

the case of an offence under section 147A,”; and

(b)   

in paragraph (c) (local weights and measures authority), for “or 147”

10

substitute “, 147 or 147A”.

(3)   

In the Criminal Appeal Act 1968 (c. 19)—

(a)   

in sections 31(2C) and 44(3), after “section 129” insert, in each case, “or

147B(1)”;

(b)   

in section 50(1)(i) for “section 129(2) of the Licensing Act 2003

15

(forfeiture or suspension of personal licence)” substitute “section 129 or

147B(1) of the Licensing Act 2003 (forfeiture or suspension etc. of

licence)”.

(4)   

A sale of alcohol is not to count for the purposes of the offence under section

147A of the Licensing Act 2003 (c. 17) if it took place before the commencement

20

of this section.

21      

Closure notices for persistently selling alcohol to children

(1)   

After section 169 of the Licensing Act 2003 insert—

“Closure notices

169A    

Closure notices for persistently selling alcohol to children

25

(1)   

A relevant officer may give a notice under this section (a ‘closure

notice’) applying to any premises if he has reasonable grounds for

believing—

(a)   

that an offence under section 147A (‘the alleged offence’) has

been committed in relation to those premises; and

30

(b)   

that a person liable for that offence is still, at the time when the

notice is given, the holder of a premises licence in respect of

those premises, or one of the holders of such a licence.

(2)   

A closure notice is a notice which—

(a)   

proposes a prohibition for a period not exceeding 48 hours on

35

sales of alcohol on the premises in question; and

(b)   

offers the opportunity to discharge all criminal liability in

respect of the alleged offence by the acceptance of the

prohibition proposed by the notice.

(3)   

A closure notice must—

40

(a)   

be in the form prescribed by regulations made by the Secretary

of State;

(b)   

specify the premises to which it applies;

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 8 June 2005