Violent Crime Reduction Act 2006

Part 1 — Alcohol-related violence and disorder

Chapter 1 — Drinking banning orders

Introductory

Using someone to mind a weapon

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Duration of drinking banning orders

2

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Orders made on application

Orders on an application to magistrates' court

3

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Orders in county court proceedings

4

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Variation or discharge of orders under s. 3 or 4

5

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Orders made on conviction

Orders on conviction in criminal proceedings

6

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Supplementary provision about orders on conviction

7

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Variation or discharge of orders under s. 6

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental provisions about drinking banning orders

Interim orders

9

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Appeals

10

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Breach of drinking banning orders

11

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Approved courses

12

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Certificates of completion of approved courses

13

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Interpretation of Chapter 1

14

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Chapter 2 — Alcohol Disorder Zones

Power to impose charges on licence holders etc. in zones

15

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Designation of alcohol disorder zones

16

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Procedure for designation of zones

17

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Functions of local chief officer of police

18

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Guidance about the designation of zones

19

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Supplemental provisions for Chapter 2

20

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Chapter 3 — Other provisions

Licence reviews

Power of police to require review of premises licence

21

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

(53A) (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 (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 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 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 the review to the holder of the premises licence and to every responsible authority; (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; (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 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 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). (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) (1) This section applies to the consideration by a relevant licensing authority on an application under section 53A whether it is necessary 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. (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; (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 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 (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 (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 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— (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— (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— (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. (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) (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. (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 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 (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, (c) the removal of the designated premises supervisor from the licence, (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 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 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). (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 (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 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, (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— (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.

Provisions supplemental to s. 21

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• (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),

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• (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,

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

(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). (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 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

Offence of persistently selling alcohol to children

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

(147A) (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 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 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 (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 individual produced evidence that would have convinced a reasonable person; or (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 respect of the premises; or (b) the person or one of the persons who is the premises user in respect of 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. (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 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 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; (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 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) (1) Where the holder of a premises licence is convicted of an offence under 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 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. (4) Where a magistrates' court makes an order under subsection (1), it may suspend its coming into force pending an appeal. (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.

• (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” substitute “ , 147 or 147A ”.

• (3) In section 197 of that Act (regulations and orders)—

• (a) in subsection (3), after paragraph (c) insert—

(ca) an order under section 147A(9) (increase of maximum fine for offence of persistently selling alcohol to children) to which subsection (4A) applies;

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• (b) in subsection (4), after “(c),” insert “ (ca), ”;

• (c) after subsection (4) insert—

(4A) This subsection applies to an order under section 147A(9) if it appears to the Secretary of State that the power to make the order is being exercised for purposes that are not confined to the increase of the maximum fine to take account of changes in the value of money.

• (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 of this section.

Closure notices for persistently selling alcohol to children

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• (1) After section 169 of the Licensing Act 2003 insert—