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Policing and Crime Act 2017

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Policing and Crime Act 2017

07 February 2017: The Policing and Crime Act

The Home Office has confirmed that the provisions of Part 7 of the Policing and Crime Act 2017 will commence on 06 April 2017 with the exception of the provisions on cumulative impact and Late Night Levy.

Section 137 will, therefore, be amended to include alcohol in any state.

Section 138 now will provide that the holder of a Premises Licence can only make further representations on interim steps taken pending an Expedited Review if there has been a material change in circumstances since the Authority made its determination.

Section 139 amends the Licensing Act to clarify the position of interim steps following Summary Review clarifying that the interim steps continue until the Review is determined or a subsequent appeal is disposed of.

From a practical point of view possibly the most significant change to Section 140 gives the Licensing Authorities powers in relation to convictions of Personal Licence Holders giving them the power to act when a Personal Licence Holder is found guilty of a relevant offence.  Previously only a Magistrate could act on a Personal Licence except when the Licence was due to be renewed when the Local Authority could act.  As there is no longer a requirement to renew a Personal Licence the power of Local Authorities to act seems logical.

Section 141 adds a number of further relevant offences to the current list.

Section 142, this amends the Licensing Act to simplify the process for issuing new statutory guidance by removing the requirement to ensure the guidance is approved by both houses.

Section 143 and Section 144 relates to cumulative impact assessments and Late Night Levies and will not come into force until the House of Lords Section Committee has concluded their review of the Licensing Act.

For further information, please contact our Alcohol & Entertainment Licensing team on 01332 340 211.

11 May 2016: The Policing and Crime Bill

The Policing and Crime Bill includes a number of proposals to make the Licensing system more effective in preventing crime and disorder. These proposals also enable Licensing Authorities and the Courts to act swiftly when those operating Licensed Premises are involved in crime or disorder and also to prevent abuse of the Licensing system.

Its proposals include a new Licensing Authority power to revoke or suspend Personal Licences. It also proposes to revise the list of relevant offences for Personal Licences and also to remove the legal ambiguity on the procedure for summary reviews following a serious crime or serious disorder at Licensed Premises. There is also to be a new definition of alcohol to include powdered and vaporised alcohol.

Many welcome the extension of a Council’s power to suspend or revoke a Personal Licence, which will enable them to take prompt action to ensure that people convicted are unable to authorise the sale of alcohol.

The Local Government Association is also supportive of the proposal, which will enable a Licensing Authority to suspend a Premises Licence where a business has consistently failed to pay the business rates due to the Licensing Authority.

There are also proposals to enable Councils to consider the cumulative impact of licensed premises when they are granting further Licences, and it has also been proposed that public health should become a statutory objective for Licensing Authorities.

In light of all of the issues that have been in the news regarding child protection, an amendment has been proposed in the Policing and Crime Bill to compel Licensing Authorities to act to combat child sexual exploitation.

The Policing and Crime Bill is currently at the report stage, having last been considered in the House of Commons on 26 and 27 April 2016.

For further information, please contact our Alcohol & Entertainment Licensing team on 01332 340 211.

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