(1) The Secretary of State must issue a policing protocol.
(2) Each relevant person must have regard to the policing protocol in exercising the person's functions.
(3) The Secretary of State may at any time—
(a) vary the policing protocol, or
(b) replace the policing protocol.
(4) Before varying or replacing the policing protocol, the Secretary of State must consult—
(a) such persons as appear to the Secretary of State to represent the views of elected local policing bodies,
(b) such persons as appear to the Secretary of State to represent the views of chief officers of police of police forces maintained by elected local policing bodies,
(c) such persons as appear to the Secretary of State to represent the views of police and crime panels, and
(d) such other persons as the Secretary of State thinks fit.
(5) The functions of the Secretary of State under subsections (1) and (3) are exercisable by order.
(6) In this section—
“police and crime panel” means—
each police and crime panel established in accordance with Schedule 6 (police areas outside London);
the London Assembly's police and crime panel (see section 32);
“policing protocol” means a document which sets out, or otherwise makes provision about, ways in which relevant persons should (in the Secretary of State's view) exercise, or refrain from exercising, functions so as to—
encourage, maintain or improve working relationships (including co-operative working) between relevant persons, or
limit or prevent the overlapping or conflicting exercise of functions;
“relevant persons” means—
the Secretary of State in the exercise of policing functions;
each elected local policing body;
the chief officer of each police force maintained by an elected local policing body;
police and crime panels.
(1) The Secretary of State may, in connection with the exercise by the Secretary of State of any function relating to the police or policing, require a representative body to give the Secretary of State advice on any matter.
(2) A requirement under subsection (1) may specify the period within which the advice is to be given.
(3) A representative body must comply with a requirement under subsection (1).
(4) In a case where—
(a) the Secretary of State makes such a request, and
(b) the representative body gives the advice (and, where applicable, does so within the period specified),
the Secretary of State must have regard to the advice in that exercise of that function.
(5) In this section “representative body” means any body which appears to the Secretary of State to represent the professional views of members of one or more police forces.
81 Abolition of certain powers of Secretary of State
In the Police Act 1996, omit—
(a) section 38 (performance targets for police strategic priorities);
(b) section 39 (codes of practice for police authorities);
(c) section 43 (reports from police authorities to Secretary of State).
82 Suspension and removal of senior police officers
(1) The Police Act 1996 is amended as follows.
(2) Section 42 (removal of chief constables etc) is amended in accordance with subsections (3) to (11).
(3) For the title substitute “ Metropolitan police: suspension or removal of Commissioner or Deputy Commissioner ”.
(4) For subsections (1) to (1B) substitute—
(1) The Secretary of State may require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the Police Reform and Social Responsibility Act 2011 (the “2011 Act”) to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign.
(1A) The Secretary of State may also require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the 2011 Act to suspend the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, if the Secretary of State considers that it is necessary for the maintenance of public confidence in the metropolitan police force for that police officer to be suspended.
.
(5) In subsection (2), for the words before paragraph (a) substitute—
(2) Before requiring the Mayor's Office for Policing and Crime to exercise its power to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign, the Secretary of State shall—
.
(6) In subsection (2A), for the words from “notice” (in the second place) to the end substitute “ notice to the Mayor's Office for Policing and Crime. ”.
(7) In subsection (3A)—
(a) in paragraph (a), for the words from “, Deputy” to “question” substitute “ or Deputy Commissioner ”;
(b) in paragraph (b), for the words from “Metropolitan” to “concerned” substitute “ Mayor's Office for Policing and Crime ”.
(8) In subsection (3B), for the words from “, Deputy” to “question” substitute “ or Deputy Commissioner ”.
(9) In subsection (4), for the words from “, the Deputy” to “constable” substitute “ or Deputy Commissioner ”.
(10) For subsection (4A) substitute—
(4A) If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor's Office for Policing and Crime to call upon the Commissioner to retire or resign—
(a) the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State's consent does not apply, and
(b) section 48(5) of the 2011 Act does not apply.
.
(11) Omit subsection (4C).
(12) In section 50 (regulations for police forces), after subsection (2) insert—
(2A) Without prejudice to the generality of subsection (1) or (2), regulations under this section may make provision with respect to the procedures to be followed by police and crime commissioners, or the Mayor's Office for Policing and Crime, in exercising—
(a) powers of suspension, or
(b) powers of removal,
(whether, in the case of the Mayor's Office for Policing and Crime, on their own initiative or in compliance with a requirement imposed by the Secretary of State).
(2B) In subsection (2A)—
“power of removal” means—
the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign;
the power conferred on the Mayor's Office for Policing and Crime by section 48(3) of the 2011 Act to require the Commissioner or Deputy Commissioner of Police of the Metropolis to retire or resign;
“power of suspension” means—
the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables;
the power conferred on the Mayor's Office for Policing and Crime by section 48(1) of the 2011 Act to suspend the Commissioner or Deputy Commissioner of Police of the Metropolis;
and for this purpose “2011 Act” means the Police Reform and Social Responsibility Act 2011.
.
(1) Section 54 of the Police Act 1996 (appointment and functions of inspectors of constabulary) is amended as follows.
(2) In subsection (2) omit “to the Secretary of State”.
(3) Omit subsection (2A).
(4) After subsection (2B) insert—
(2BA) The local policing body for a police area may at any time request the inspectors of constabulary to carry out an inspection under this section of a police force maintained for that police area; and a request under this subsection may include a request for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.
(2BB) Where a local policing body requests the inspectors to carry out an inspection under subsection (2BA), the body must pay to the inspectors such reasonable costs incurred or to be incurred in connection with the inspection as the inspectors may require.
.
(5) Omit subsection (2C).
(6) In subsection (4)—
(a) for “in such form as the Secretary of State may direct” substitute “ on the carrying out of inspections under this section ”, and
(b) for “Secretary of State” (in the third place) substitute “ chief inspector ”.
(7) After subsection (4) insert—
(4A) A report under subsection (4) must include the chief inspector's assessment of the efficiency and effectiveness of policing in England and Wales for the year in respect of which the report is prepared.
.
(1) Section 55 of the Police Act 1996 (publication of reports) is amended as follows.
(2) For subsection (1) substitute—
(1) The inspectors of constabulary must arrange for any report prepared under section 54 to be published in such manner as appears to the inspectors to be appropriate.
.
(3) For subsection (2) substitute—
(2) But the inspectors of constabulary must exclude from publication under subsection (1) anything that the inspectors consider—
(a) would be against the interests of national security, or
(b) might jeopardise the safety of any person.
(2A) The inspectors must disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).
.
(4) For subsection (3) substitute—
(3) The inspectors of constabulary must send a copy of the published report to—
(a) the Secretary of State,
(b) the local policing body maintaining the police force to which the report relates,
(c) the chief officer of police of that police force, and
(d) any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011 for the police area of that police force.
.
(5) In subsection (4)—
(a) for “police authority” substitute “ local policing body ”, and
(b) for “authority” substitute “ body ”.
(6) In subsection (5)—
(a) for “police authority” substitute “ local policing body ”, and
(b) in paragraph (c) and in the words following that paragraph, for “authority” substitute “ body ”.
(7) In subsection (6) for “police authority” substitute “ local policing body ”.
(8) Omit subsection (8).
(1) Paragraph 2 of Schedule 4A to the Police Act 1996 (further provision about HMIC) is amended as follows.
(2) In sub-paragraph (1) omit “, or at such times as the Secretary of State may specify by order,”.
(3) In sub-paragraph (2) for “each of those persons or bodies” substitute “ the Secretary of State ”.
(4) After sub-paragraph (2) insert—
(2A) The chief inspector of constabulary must—
(a) lay before Parliament a copy of each inspection programme or inspection framework prepared under this paragraph,
(b) arrange for each such programme or framework to be published in such manner as the chief inspector thinks appropriate, and
(c) send a copy of each such programme or framework to each of the persons or bodies listed in sub-paragraph (2)(a) to (j).
(2B) But the chief inspector of constabulary must obtain the approval of the Secretary of State to the inspection programme or framework in question before acting under sub-paragraph (2A).
.
(5) In sub-paragraph (3)—
(a) before “to send” insert “ under sub-paragraph (2A)(c) ”, and
(b) for “that sub-paragraph” substitute “ sub-paragraph (2) ”.
(6) Omit sub-paragraph (4).
(7) Before sub-paragraph (5) insert—
(4A) The Secretary of State may by order specify matters to which the chief inspector of constabulary must have regard in preparing an inspection programme or an inspection framework.
(4B) Those matters may (in particular) include the need to secure, so far as possible, the following objectives—
(a) that any requirements placed on police forces as a result of inspections carried out under section 54 are not unduly burdensome; and
(b) that inspections under that section can be carried out promptly in response to matters that raise issues of national importance in relation to the police.
(4C) For the purposes of sub-paragraph (4B)(b), the Secretary of State may issue guidance as to the matters that raise issues of national importance in relation to the police; and the chief inspector of constabulary must have regard to any such guidance in preparing an inspection programme or an inspection framework.
.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert—“The chief inspector of constabulary appointed under section 54(1) of the Police Act 1996.”.
Schedule 11 (which contains amendments to sections 5 to 7 of the Crime and Disorder Act 1998 in relation to the formulation and implementation of crime and disorder strategies) has effect.
(1) The Police Act 1996 is amended in accordance with subsections (2) and (3).
(2) After section 22 insert—
Collaboration agreements
22A (1) A collaboration agreement may be made by—
(a) two or more policing bodies; or
(b) the chief officers of police of one or more police forces and two or more policing bodies.
(2) A collaboration agreement is an agreement containing one or more of the following—
(a) provision about the discharge of functions of members of a police force (“force collaboration provision”);
(b) provision about support by a policing body for another policing body (“policing body collaboration provision”);
(c) provision about support by a policing body for the police force which another policing body is responsible for maintaining (“policing body & force collaboration provision”).
(3) A collaboration agreement may not contain force collaboration provision unless the parties to the agreement consist of, or include,—
(a) the chief officer of police of each police force to which the provision relates, and
(b) the policing body that is responsible for maintaining each such police force.
(4) A collaboration agreement may not contain policing body collaboration provision unless the parties to the agreement consist of, or include, each policing body to which the provision relates.
(5) A collaboration agreement may not contain policing body & force collaboration provision unless the parties to the agreement consist of, or include—
(a) the policing body, or each policing body, to which the provision relates;
(b) the chief officer of police of the police force, or each police force, to which the provision relates; and
(c) the policing body that is responsible for maintaining each such police force.
(6) Subsection (1) does not prevent other persons from being parties to collaboration agreements.
(7) Subsection (2) does not prevent a collaboration agreement from including other kinds of provision.
(8) For the purposes of subsections (3) and (5), the circumstances in which force collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a police force include the cases where provision relates—
(a) to functions of a kind which are or may be exercisable by members of that police force, or
(b) to the police area for which that police force is established.
(9) For the purposes of subsections (4) and (5), the circumstances in which policing body collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a policing body include the cases where provision relates—
(a) to functions of a kind which are or may be exercisable by that policing body or members of the staff of that body, or
(b) to the police area for which that policing body is established.
Duty of chief officers to keep collaboration agreements under review
22B (1) The chief officer of police of a police force must keep under consideration the ways in which the collaboration functions could be exercised by the chief officer and by one or more other persons to improve the efficiency or effectiveness of—
(a) that police force, and
(b) one or more other police forces.
(2) If the chief officer considers that there is a particular way in which the collaboration functions could be so exercised by the chief officer and by one or more other particular persons (“the proposed collaboration”), the chief officer must notify those other persons (the “proposed partners”) of the proposed collaboration.
(3) The chief officer, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.
(4) In considering whether to so exercise the collaboration functions, the chief officer and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces.
(5) Subsection (6) applies if all, or two or more, of—
(a) the chief officer, and
(b) the notified proposed partners,
(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).
(6) The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration or to give effect to it so far as it relates to them.
(7) In this section “collaboration functions” means functions of chief officers of police or policing bodies under any of sections 22A to 23I (apart from this section).
Duty of policing bodies to keep collaboration agreements under review
22C (1) A policing body must keep under consideration the ways in which the collaboration functions could be exercised by the policing body and by one or more other persons to improve—
(a) the efficiency or effectiveness of—
(i) that policing body,
(ii) the police force which that policing body is responsible for maintaining, or
(iii) that body and that force, and
(b) the efficiency or effectiveness of one or more other policing bodies and police forces.
(2) If the policing body considers that there is a particular way in which the collaboration functions could be so exercised by the policing body and by one or more other particular persons (“the proposed collaboration”), the policing body must notify those other persons (the “proposed partners”) of the proposed collaboration.
(3) The policing body, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.
(4) In considering whether to so exercise the collaboration functions, the policing body and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces.
(5) Subsection (6) applies if all, or two or more, of—
(a) the policing body, and
(b) the notified proposed partners,
(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).
(6) The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration, or to give effect to it so far as it relates to them.
(7) In this section “collaboration functions” means functions of policing bodies or chief officers of police under any of sections 22A to 23I (apart from this section).
.
(3) After section 23F insert—
Police functions that must be the subject of force collaboration provision
23FA (1) The Secretary of State may, by order, require a specified police function to be exercised in relation to—
(a) all police areas, or
(b) all police areas apart from any specified in the order,
in accordance with police collaboration provision.
(2) An order under this section may specify whether the specified police function is required to be exercised in relation to the specified police areas in accordance with police collaboration provision contained in—
(a) a single collaboration agreement which relates to all of those police areas, or
(b) a number of collaboration agreements which, between them, relate to all of those police areas.
(3) Provision under subsection (2)(b) need not specify a particular number of collaboration agreements.
(4) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(5) If, but for this subsection, an instrument containing an order under this section would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
(6) In this section “specified” means specified in an order under this section.
.
(4) Schedule 12 (collaboration agreements) has effect.
(1) The Police Act 1996 is amended as follows.
(2) In section 40 (powers to give directions in relation to police force), for “police authority” (in each place) substitute “ local policing body ”.
(3) In section 40A (powers to give directions in relation to police authority)—
(a) for “police authority” (in each place, including in the title) substitute “ local policing body ”;
(b) for “the authority” substitute “ the local policing body ”.
(4) In section 40B (procedure for directions under section 40 or 40A)—
(a) for subsection (2)(a) substitute—
(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
(aa) the Mayor's Office for Policing and Crime;
(ab) the Common Council;
;
(b) in subsection (5), for “police authority” substitute “ local policing body ”.
92 Provision of information by chief officers of police
In the Police Act 1996, for section 44 (reports from chief constables) and section 45 (criminal statistics) substitute—
Provision of information by chief officers of police
44 (1) The Secretary of State may require a chief officer of police of any police force to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with—
(a) the policing of the police area for which that police force is maintained, or
(b) the discharge of the national or international functions of that police force.
(2) A requirement under subsection (1) may, in particular, specify information in the form of statistical data, being data connected with—
(a) the policing of that police area, or
(b) the discharge of the national or international functions of the police force for that area.
(3) A requirement under subsection (1) may specify the form in which information is to be provided.
(4) The Secretary of State may require a chief officer to publish, in such manner as appears to the Secretary of State to be appropriate, information provided in accordance with a requirement under subsection (1).
(5) The Secretary of State may cause a consolidated and classified abstract of any information in the form of statistical data that is provided in accordance with subsection (1) to be prepared and laid before Parliament.
.
(1) Section 53 of the Police Act 1996 (regulations as to standard of equipment) is amended as follows.
(2) In the title, after “standard” insert “ and provision ”.
(3) After subsection (1A) insert—
(1AA) The Secretary of State may, by regulations, make provision about the arrangements which must be, may be, or must not be, used for the provision of equipment for use for police purposes.
(1AB) The regulations may, in particular—
(a) make provision about the nature or terms of such arrangements, or
(b) prescribe arrangements which may be, or must be, used.
(4) In subsection (1B), after “subsection (1A)” insert “ or (1AA) ”.
(5) In subsection (2), for paragraph (a) substitute—
(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
(aa) the Mayor's Office for Policing and Crime;
(ab) the Common Council;
.
(1) Section 96A of the Police Act 1996 (national and international functions of the metropolitan police) is amended in accordance with subsections (2) to (6).
(2) In the title, after “police” insert “ force and other police forces ”.
(3) For subsection (1) substitute—
(1) The Secretary of State and the Mayor's Office for Policing and Crime may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.
(1A) The Secretary of State and the police and crime commissioner that maintains a police force may enter into agreements with respect to the level of performance to be achieved by the police force in respect of any of its national or international functions.
(1B) The Secretary of State and the Common Council may enter into agreements with respect to the level of performance to be achieved by the City of London police force in respect of any of its national or international functions.
.
(4) In subsection (2)—
(a) for “the metropolitan police force” substitute “ a police force ”;
(b) for “Metropolitan Police Authority” substitute “ local policing body ”.
(5) In subsection (3), for “The Metropolitan Police Authority” substitute “ A local policing body ”.
(6) Omit subsection (4).
(7) Omit section 96B of the Police Act 1996 (national and international functions: application of requirements relating to reports etc).
(1) Section 101 of the Police Act 1996 (interpretation) is amended as follows.
(2) In subsection (1)—
(a) after the definition of “City of London police area” insert—
“Common Council” means the Common Council of the City of London in its capacity as police authority for the City of London police area;
“elected local policing body” means—
(a) a police and crime commissioner;
(b) the Mayor's Office for Policing and Crime;
“local policing body” means—
(a) a police and crime commissioner (in relation to a police area listed in Schedule 1);
(b) the Mayor's Office for Policing and Crime (in relation to the metropolitan police district);
(c) the Common Council (in relation to the City of London police area);
“Mayor's Office for Policing and Crime” means the body established under section 3 of the Police Reform and Social Responsibility Act 2011;
;
(b) after the definition of “metropolitan police district” insert—
“national or international functions” means functions relating to—
(a) the protection of prominent persons or their residences,
(b) national security,
(c) counter-terrorism, or
(d) the provision of services for any other national or international purpose;
“police and crime commissioner” means a body established under section 1 of the Police Reform and Social Responsibility Act 2011;
;
(c) omit the definition of “police authority”;
(d) in the definition of “police force”, for “police authority” substitute “ local policing body ”;
(e) in the definition of “police fund”, for paragraph (a) substitute—
(a) in relation to a police area for which there is an elected local policing body, the fund kept by that body under section 21 of the Police Reform and Social Responsibility Act 2011;
.
(3) After subsection (2) insert—
(3) References in this Act to the staff of a police and crime commissioner, or to the staff of the Mayor's Office for Policing and Crime, have the same meaning as in the Police Reform and Social Responsibility Act 2011.
.
(1) Schedule 1 to the Interpretation Act 1978 (words and expressions defined) is amended as follows.
(2) After the entry for “Local land charges register” insert—
“Local policing body” has the meaning given by section 101(1) of the Police Act 1996.
.
(3) After the entry for “Person” insert—
“Police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.
.
(4) In the entry that begins “Police area”, omit “, police authority”.
(5) After the entry that begins “Police Area” insert—
“Police authority”, in relation to Scotland, has the meaning or effect described by sections 50 and 51(4) of the Police (Scotland) Act 1967.
.
Any guidance under this Part—
(a) must be in writing;
(b) may be varied or revoked by further guidance;
(c) may be given to one or more particular persons, or generally;
(d) may make provision generally or in relation to specific cases; and
(e) may make different provision for different cases.
(1) A reference to crime and disorder reduction is a reference to—
(a) reduction of crime and disorder (including anti-social and other behaviour adversely affecting the local environment),
(b) combating the misuse of drugs, alcohol and other substances, and
(c) reduction of re-offending.
(2) In this section “anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as the person.
(3) This section applies for the purposes of this Part.
(1) In this Part (unless otherwise specified)—
“chief executive” means—
in relation to a police and crime commissioner, the chief executive appointed by the commissioner under Schedule 1;
in relation to the Mayor's Office for Policing and Crime, the chief executive appointed by the Office under Schedule 3;
“chief finance officer” means—
in relation to a police and crime commissioner, the chief finance officer appointed by the commissioner under Schedule 1;
in relation to the chief constable of a police force to which Chapter 1 applies, the chief finance officer appointed by the chief constable under Schedule 2;
in relation to the Mayor's Office for Policing and Crime, the chief finance officer appointed by the Office under Schedule 3;
in relation to the Commissioner of Police of the Metropolis, the chief finance officer appointed by the Commissioner under Schedule 4;
“chief officer of police” means—
in relation to a police force maintained under section 2 of the Police Act 1996, the chief constable of that force;
in relation to the metropolitan police force, the Commissioner of Police of the Metropolis;
“crime and disorder reduction” has the meaning given in section 101;
“elected local policing body” means—
in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime commissioner for the area;
in relation to the metropolitan police district, the Mayor's Office for Policing and Crime;
“national or international functions” means functions relating to—
the protection of prominent persons or their residences,
national security,
counter-terrorism, or
the provision of services for any other national or international purpose;
“overseas elector’s declaration” means a declaration made under and in accordance with section 1C of the Representation of the People Act 1985.
“police and crime panel” means—
in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime panel referred to in subsection (1) of section 28;
in relation to the metropolitan police district, the committee established under section 32;
“police and crime plan” has the meaning given in section 7;
“police area” means—
a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London), and
the metropolitan police district;
“qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act);
“relevant chief officer of police”, in relation to—
a police area,
the police force for a police area,
the elected local policing body for a police area, or
the police and crime panel for a police area,
means the chief officer of police of the police force for that area;
...
“relevant elected local policing body”, in relation to—
a police area,
the police force for a police area,
the chief officer of police of the police force for a police area, or
the police and crime panel for a police area,
means the elected local policing body for that area;
“relevant police and crime panel”, in relation to—
a police area,
the police force for a police area,
the chief officer of police of the police force for a police area, or
the elected local policing body for a police area,
means the police and crime panel for that area;
“relevant police force”, in relation to—
a police area,
a chief officer of police of the police force for a police area,
the elected local policing body for a police area, or
the police and crime panel for a police area,
means the police force for that area.
(2) References in this Part to a police and crime commissioner's area are references to the police area for which the commissioner is established.
(3) References in this Part to a police and crime commissioner's staff are references to the following persons appointed under Schedule 1—
(a) the commissioner's chief executive;
(b) the commissioner's chief finance officer; and
(c) other staff;
and to the person (if any) appointed as the deputy police and crime commissioner under section 18.
(4) References in this Part to a police force's civilian staff are (except in the case of the metropolitan police force) references to—
(a) the chief finance officer appointed by the chief constable of the force under paragraph 4 of Schedule 2, and
(b) the other staff appointed by that chief constable under that Schedule.
(5) References in this Part to the staff of the Mayor's Office for Policing and Crime are references to—
(a) the Office's chief finance officer appointed under section 127(2) of the Greater London Authority Act 1999;
(b) the Office's chief executive appointed under Schedule 3;
(c) other staff appointed under Schedule 3; and
(d) the person (if any) appointed under section 19 as the Deputy Mayor for Policing and Crime (subject to paragraph 4(4) of Schedule 3 (Deputy Mayor an Assembly member)).
(6) References in this Part to the metropolitan police force's civilian staff are references to—
(a) the chief finance officer appointed by the Commissioner of Police of the Metropolis under paragraph 1 of Schedule 4, and
(b) the other staff appointed by the Commissioner under that Schedule.
103 Licensing authorities as responsible authorities
(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).
(2) In section 13(4) (responsible authorities)—
(a) before paragraph (a) insert—
(za) the relevant licensing authority and any other licensing authority in whose area part of the premises is situated,
, and
(b) omit paragraph (g).
(3) In section 69(4) (responsible authorities)—
(a) before paragraph (a) insert—
(za) the relevant licensing authority and any other licensing authority in whose area part of the premises is situated,
, and
(b) omit paragraph (g).
(4) The amendments made by this section apply in relation to—
(a) applications relating to premises licences or club premises certificates that are made on or after the commencement of this section, and
(b) notices under section 165(4) of the Licensing Act 2003 (closure orders) that are received by a licensing authority on or after the commencement of this section.
104 Primary Care Trusts and Local Health Boards as responsible authorities
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (4).
(2) In section 5(3) (statement of licensing policy), after paragraph (b) insert—
(ba) each Primary Care Trust or Local Health Board for an area any part of which is in the licensing authority's area,
.
(3) In section 13(4) (authorised persons, interested parties and responsible authorities), after paragraph (b) insert—
(ba) the Primary Care Trust or Local Health Board for any area in which the premises are situated,
.
(4) In section 69(4) (authorised persons, interested parties and responsible authorities), after paragraph (b) insert—
(ba) the Primary Care Trust or Local Health Board for any area in which the premises are situated,
.
(5) The amendments made by this section apply in relation to—
(a) applications relating to premises licences or club premises certificates that are made on or after the commencement of this section, and
(b) notices under section 165(4) of the Licensing Act 2003 (closure orders) that are received by a licensing authority on or after that commencement.
105 Premises licences: who may make relevant representations
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (9).
(2) In section 13 (authorised persons, interested parties and responsible authorities)—
(a) in the title, omit “, interested parties”,
(b) in subsection (1), omit “ “interested party”,”, and
(c) omit subsection (3).
(3) In section 17(5) (application for premises licence)—
(a) in paragraph (a)(ii), for “interested parties” substitute “ persons who live, or are involved in a business, in the relevant licensing authority's area and who are ”,
(b) after paragraph (a) insert—
(aa) require the relevant licensing authority to advertise the application within the prescribed period—
(i) in the prescribed form, and
(ii) in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it; and”, and
(c) in paragraph (c), for “interested parties and responsible authorities” substitute “ responsible authorities and other persons ”.
(4) In section 18(7) (determination of application for premises licence)—
(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and
(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.
(5) In section 31(6) (determination of application for provisional statement)—
(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and
(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.
(6) In section 35(6) (determination of application to vary premises licence)—
(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and
(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.
(7) In section 41B(2)(b)(ii) (determination of application for minor variation of premises licence), for “an interested party” substitute “ any other person ”.
(8) In section 41D(6) (variation of premises licence: supply of alcohol from community premises), for paragraph (b) substitute—
(b) subsection (6)(c) were omitted.
.
(9) In section 194 (index of defined expressions), omit the entry for the expression “interested party, in Part 3”.
(10) In section 33 of the Policing and Crime Act 2009 (individual members of licensing authorities to be interested parties), omit subsection (1).
(11) The amendments made by this section apply in relation to applications relating to premises licences that are made on or after the commencement of this section.
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (6).
(2) In section 51 (application for review of premises licences)—
(a) in subsection (1), for “an interested party or a responsible authority” substitute “ a responsible authority or any other person ”, and
(b) in subsection (3)—
(i) in paragraph (b), for “interested parties and responsible authorities” substitute “ responsible authorities and other persons ”, and
(ii) in paragraph (c), for “interested party” substitute “ other person ”.
(3) In section 52(8) (determination of application for review of premises licence)—
(a) in paragraph (a)(i), for “an interested party” substitute “ any other person ”, and
(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.
(4) In section 53A(3) (summary reviews on application of senior police officer)—
(a) in paragraph (c), for “interested parties” substitute “ other persons ”, and
(b) in paragraph (e), for “interested party” substitute “ other person ”.
(5) In section 53C(8) (review of premises licence following summary review notice)—
(a) in paragraph (a), for “an interested party” substitute “ any other person ”, and
(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.
(6) In section 167 (review of premises licence following closure order)—
(a) in subsection (4)(b), for “interested parties” substitute “ other persons ”,
(b) in subsection (4)(c), for “interested party” substitute “ other person ”,
(c) in subsection (10)(a), for “an interested party” substitute “ any other person ”,
(d) in subsection (10)(c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”, and
(e) in subsection (14), for “ “interested party” and “responsible authority” have” substitute “ “responsible authority” has”.
(7) The amendments made by this section apply in relation to applications for review that are made on or after the commencement of this section.
107 Club premises certificates: who may make relevant representations
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (7).
(2) In section 69 (authorised persons, interested parties and responsible authorities)—
(a) in the title, omit “, interested parties”,
(b) in subsection (1), omit “ “interested party”,”, and
(c) omit subsection (3).
(3) In section 71(6) (application for club premises certificate)—
(a) in paragraph (a)(ii), for “interested parties” substitute “ persons who live, or are involved in a business, in the relevant licensing authority's area and who are ”,
(b) after paragraph (a) insert—
(aa) require the relevant licensing authority to advertise the application within the prescribed period—
(i) in the prescribed form, and
(ii) in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it; and”, and
(c) in paragraph (c), for “interested parties and responsible authorities” substitute “ responsible authorities and other persons ”.
(4) In section 72(8) (determination of application for club premises certificate)—
(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and
(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.
(5) In section 85(6) (determination of application to vary club premises certificate)—
(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and
(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.
(6) In section 86B(2)(b)(ii) (determination of application for minor variation of club premises certificate), for “an interested party” substitute “ any other person ”.
(7) In section 194 (index of defined expressions), omit the entry for the expression “interested party, in Part 4”.
(8) In section 33 of the Policing and Crime Act 2009 (individual members of licensing authorities to be interested parties), omit subsection (2).
(9) The amendments made by this section apply in relation to applications relating to club premises certificates that are made on or after the commencement of this section.
108 Club premises certificates: who may apply for review
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (4).
(2) In section 87 (application for review of club premises certificate), for subsection (1) substitute—
(1) Where a club holds a club premises certificate, a responsible authority or any other person may apply to the relevant licensing authority for a review of the certificate.
.
(3) In section 87(3) (application for review of club premises certificate)—
(a) in paragraph (b), after “to the authority” insert “ by the club, responsible authorities and other persons ”, and
(b) in paragraph (c), for “interested party” substitute “ other person ”.
(4) In section 88(8) (determination of application for review of club premises certificate)—
(a) in paragraph (a), for “an interested party” substitute “ any other person ”, and
(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.
(5) The amendments made by this section apply in relation to applications for review that are made on or after the commencement of this section.
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (14).
(2) In section 18 (determination of application for premises licence)—
(a) in subsection (3)(b), for “necessary” substitute “ appropriate ”, and
(b) in subsection (4)(a)(i), for “necessary” substitute “ appropriate ”.
(3) In section 22(2) (prohibited conditions: plays), for “necessary” substitute “ appropriate ”.
(4) In section 25A(6) (grant of premises licence: supply of alcohol from community premises), for “necessary” substitute “ appropriate ”.
(5) In section 31 (determination of application for provisional statement)—
(a) in subsection (3)(b), for “necessary” substitute “ appropriate ”, and
(b) in subsection (3)(c)(ii), for “necessary” substitute “ appropriate ”.
(6) In section 35(3)(b) (determination of application to vary premises licence), for “necessary” substitute “ appropriate ”.
(7) In section 39(3)(b) (determination of application to vary premises licence to specify premises supervisor), for “necessary” substitute “ appropriate ”.
(8) In section 41D(5) (variation of premises licence: supply of alcohol from community premises), for “necessary” substitute “ appropriate ”.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) In section 52(3) (determination of application for review of premises licence), for “necessary” substitute “ appropriate ”.
(12) In section 53B(8)(a) (supplementary provision about review of premises licence), for “necessary” substitute “ appropriate ”.
(13) In section 53C(2)(b) (review of premises licence following review notice), for “necessary” substitute “ appropriate ”.
(14) In section 177(5) (dancing and live music in certain small premises), for “necessary” substitute “ appropriate ”.
(15) The amendments made by this section (other than subsection (10)) apply in relation to applications relating to premises licences that are made on or after the commencement of this section.
(16) The amendment made by subsection (10) of this section applies in relation to interim authority notices that are given on or after the commencement of this section.
110 Reducing the burden: club premises certificates
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (5).
(2) In section 72 (determination of application for club premises certificate)—
(a) in subsection (3)(b), for “necessary” substitute “ appropriate ”, and
(b) in subsection (4)(a)(i), for “necessary” substitute “ appropriate ”.
(3) In section 76(2) (prohibited conditions: plays), for “necessary” substitute “ appropriate ”.
(4) In section 85(3)(b) (determination of application to vary club premises certificate), for “necessary” substitute “ appropriate ”.
(5) In section 88(3) (determination of application for review of club premises certificate), for “necessary” substitute “ appropriate ”.
(6) The amendments made by this section apply in relation to applications relating to club premises certificates that are made on or after the commencement of this section.
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (6).
(2) In section 105(2)(b) (counter notice following police objection), for “necessary” substitute “ appropriate ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In section 167(5)(b) (review of premises licence following closure order), for “necessary” substitute “ appropriate ”.
(7) The amendment made by subsection (2) of this section applies in relation to temporary event notices that are given on or after the commencement of this section.
(8) The amendments made by subsections (3) to (5) of this section apply in relation to applications relating to personal licences that are made on or after the commencement of this section.
(9) The amendment made by subsection (6) of this section applies in relation to notices under section 165(4) of the Licensing Act 2003 (closure orders) that are received by a licensing authority on or after the commencement of this section.
112 Temporary event notices: who may make an objection
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (13).
(2) After section 99, insert—
Meaning of “relevant person”
99A In this Part references to a “relevant person”, in relation to any premises, are references to the following—
(a) the chief officer of police for any police area in which the premises are situated,
(b) the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health.
.
(3) In the cross-heading before section 104, for “Police objections” substitute “ Objections ”.
(4) In the title to section 104 (objection to notice), for “the police” substitute “ a relevant person ”.
(5) In section 104 (objection to notice), for subsection (2) substitute—
(2) Where a relevant person who is given a temporary event notice is satisfied that allowing the premises to be used in accordance with the notice would undermine a licensing objective, the relevant person must give a notice stating the reasons for being so satisfied (an “objection notice”)—
(a) to the relevant licensing authority,
(b) to the premises user, and
(c) to every other relevant person.
.
(6) In section 104(3) (timing for objection), for “chief officer of police” substitute “ relevant person ”.
(7) In section 104(4) (timing for objection), for “relevant chief officer of police” substitute “ relevant person ”.
(8) Omit section 104(5) (definition of “relevant chief officer of police”).
(9) In section 105 (counter notice following objection)—
(a) in the title, omit “police”,
(b) in subsection (2)(a), for “chief officer of police” substitute “ relevant person ”,
(c) in subsection (2)(b), for “the crime prevention objective” substitute “ a licensing objective ”,
(d) in subsection (3)(a), for “the relevant chief officer of police” substitute “ each relevant person ”, and
(e) in subsection (3)(b)(ii), for “the relevant chief officer of police” substitute “ each relevant person ”.
(10) In section 106 (modification of notice following objection)—
(a) in the title, omit “police”,
(b) in subsection (1), for “chief officer of police” substitute “ relevant person ”,
(c) in subsection (2)—
(i) for “chief officer of police” substitute “ relevant person ”, and
(ii) after “of the premises user” insert “ and each other relevant person ”,
(d) in subsection (4), for “chief officer of police” substitute “ relevant person ”, and
(e) omit subsection (5).
(11) In section 107(11) (counter notice where permitted limits exceeded), for the words following “that notice” substitute “ to each relevant person ”.
(12) In section 194 (index of defined expressions), after the entry for the expression “relevant offence” insert—
relevant person, in Part 5 | section 99A
.
(13) In Schedule 5 (appeals)—
(a) in paragraph 16(1)(b), for “chief officer of police” substitute “ relevant person ”,
(b) in paragraph 16(3), for “chief officer of police” substitute “ relevant person ”,
(c) in paragraph 16(8), in the definition of “objection notice”, omit “and”,
(d) in paragraph 16(8), at the end of the definition of “relevant licensing authority” insert
; and
relevant person” has the meaning given in section 99A.
.
(14) The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (5).
(2) In section 98(1) (meaning of “permitted temporary activity”), for paragraph (a) substitute—
(a) it is carried out in accordance with—
(i) a notice given in accordance with section 100, and
(ii) any conditions imposed under section 106A, and
.
(3) After section 106 insert—
Conditions on standard temporary event notice following objection
106A (1) This section applies where—
(a) a relevant person has given an objection notice under section 104(2) in respect of a standard temporary event notice,
(b) the objection notice has not been withdrawn, and
(c) the relevant licensing authority has decided under section 105 not to give a counter notice under that section.
(2) The relevant licensing authority may impose one or more conditions on the standard temporary event notice if—
(a) the authority considers it appropriate for the promotion of the licensing objectives to do so,
(b) the conditions are also imposed on a premises licence or club premises certificate that has effect in respect of the same premises, or any part of the same premises, as the temporary event notice, and
(c) the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.
(3) Where the authority decides to impose one or more conditions under subsection (2)—
(a) the authority must give the premises user notice of the decision,
(b) the notice must be accompanied by a separate statement (the “statement of conditions”) which sets out the conditions that have been imposed on the temporary event notice, and
(c) a copy of the notice and statement of conditions must be given to each relevant party.
(4) The notice and statement of conditions under subsection (3) must—
(a) be in the prescribed form,
(b) be given to the premises user in the prescribed manner, and
(c) be given no later than 24 hours before the beginning of the event period specified in the temporary event notice.
(5) Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by subsection (2) must be exercised by those authorities jointly.
.
(4) In section 109 (duty to keep and produce temporary event notice)—
(a) in the title, after “notice” insert “ and statement of conditions ”,
(b) in subsection (2)(a), after “notice” insert “ , together with a copy of any statement of conditions given under section 106A(3) in respect of the notice ”,
(c) in subsection (3)(a), after “notice” insert “ , together with a copy of any statement of conditions given under section 106A(3) in respect of the notice ”,
(d) in subsection (3)(b), for “notice is” substitute “ notice and any statement of conditions are ”,
(e) in subsection (5)(a), after “notice” insert “ or any statement of conditions ”,
(f) in subsection (5), after “produce the temporary event notice” insert “ or statement of conditions ”,
(g) in subsection (6), after “produce the temporary event notice” insert “ or statement of conditions ”, and
(h) in subsection (8), after “notice” insert “ or statement of conditions ”.
(5) In section 110 (theft, loss, etc. of temporary event notice)—
(a) in the title, after “notice” insert “ or statement of conditions ”,
(b) after subsection (1) insert—
(1A) Where a statement of conditions that is given under section 106A(3) is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority which gave the statement for a copy of the statement.
,
(c) in subsection (4), after “copy of the notice” insert “ or statement ”,
(d) in subsection (4)(a), after “notice” insert “ or statement ”,
(e) in subsection (5), after “notice” insert “ or statement ”, and
(f) in subsection (6), after “notice” insert “ or statement ”.
(6) The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (12).
(2) In section 98(2) (meaning of “permitted temporary activity”), for “sections 102 (acknowledgement of notice) and 104(1) (notification of police)” substitute “ section 102 (acknowledgement of notice) ”.
(3) In section 100 (temporary event notice)—
(a) in subsection (7), for paragraph (a) substitute—
(a) must be given in accordance with section 100A, and”, and
(b) in subsection (7)(b), after “fee” insert “ when it is given by the premises user to the relevant licensing authority. ”.
(4) After section 100 insert—
Standard and late temporary event notices
100A (1) For the purposes of section 100(7)(a), a temporary event notice must be given in accordance with—
(a) subsection (2), in which case the notice is a “standard temporary event notice”, or
(b) subsection (3), in which case the notice is a “late temporary event notice”.
(2) A temporary event notice is given in accordance with this subsection if, no later than ten working days before the day on which the event period begins,—
(a) it is given to the relevant licensing authority by means of a relevant electronic facility, or
(b) it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person.
(3) A temporary event notice is given in accordance with this subsection if—
(a) it is given to the relevant licensing authority by means of a relevant electronic facility no later than five working days, but no earlier than nine working days, before the day the event period begins, or
(b) both of the following are satisfied—
(i) it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person no later than five working days before the day on which the event period begins;
(ii) it is given to at least one of those persons no earlier than nine working days before the day on which that event period begins.
(4) Where a temporary event notice (the “original notice”) is given by the premises user to the relevant licensing authority by means of a relevant electronic facility as referred to in subsection (2)(a) or (3)(a)—
(a) the licensing authority must give a copy of the original notice to each relevant person no later than the end of the first working day after the day on which the original notice was given to the authority, and
(b) for the purposes of this Act, the copy is to be treated as if it were the original notice.
(5) In this section “event period” in relation to a temporary event notice means the event period specified in the notice.
.
(5) In section 102 (acknowledgement of notice), for subsection (3) substitute—
(3) Subsection (1) does not apply where, before the time by which acknowledgement of the receipt of the notice must be given in accordance with that subsection, a counter notice has been given to the premises user under—
(a) where the counter notice is in respect of a late temporary event notice, section 104A, or
(b) where the counter notice is in respect of a standard temporary event notice or a late temporary event notice, section 107.
.
(6) In section 104 (objection to notice)—
(a) omit subsections (1) and (1A), and
(b) in subsection (3), for “a copy of the temporary event notice under subsection (1) or (1A)” substitute “ the temporary event notice ”.
(7) After section 104 insert—
Counter notice following objection to late notice
104A (1) Where an objection notice is given under section 104(2) in respect of a late temporary event notice, the relevant licensing authority must give the premises user a counter notice under this section.
(2) The counter notice must—
(a) be in the prescribed form, and
(b) be given to the premises user in the prescribed manner.
(3) The relevant licensing authority must, no later than 24 hours before the beginning of the event period specified in the temporary event notice—
(a) give the counter notice to the premises user, and
(b) give a copy of the counter notice to each relevant person.
.
(8) In section 105 (counter notice following objection)—
(a) in the title, after “objection” insert “ to standard temporary event notice ”,
(b) in subsection (1), for “in respect of a” substitute “ under section 104(2) in respect of a standard ”, and
(c) omit subsection (7).
(9) In section 106(1) (modification of notice following objection)—
(a) in the title, for “notice” substitute “ standard temporary event notice ”,
(b) in subsection (1), for “in respect of a” substitute “ under section 104(2) in respect of a standard ”, and
(c) in subsection (2), for “the notice returned to the premises user under section 102” substitute “ it ”.
(10) In section 107 (counter notice where permitted limits exceeded)—
(a) in subsection (2), for paragraph (b) substitute—
(b) has already given at least—
(i) 50 temporary event notices, or
(ii) ten late temporary event notices,
in respect of event periods wholly or partly within the same year as the event period specified in notice A.”, and
(b) in subsection (3), for paragraph (b) substitute—
(b) has already given at least—
(i) five temporary event notices, or
(ii) two late temporary event notices,
in respect of event periods wholly or partly within the same year as the event period specified in notice A.
.
(11) In section 194 (index of defined expressions)—
(a) after the entry for the expression “late night refreshment” insert—
late temporary event notice | section 100A(1)(b)
, and
(b) after the entry for the expression “secretary, in Part 4” insert—
standard temporary event notice | section 100A(1)(a)
.
(12) In paragraph 16(1)(a) of Schedule 5 (appeals), after “a” insert “ standard ”.
(13) The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.
115 Relaxation of time limits applying to temporary event notices
(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).
(2) In section 100 (temporary event notice)—
(a) in subsection (1), for “96 hours” substitute “ 168 hours ”, and
(b) in subsection (5)(b), for “96 hours” substitute “ 168 hours ”.
(3) In section 107(5) (counter notice where permitted limits exceeded), for “15 days” substitute “ 21 days ”.
(4) The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.
116 Temporary event notices: acknowledgment of notice
(1) In section 102 of the Licensing Act 2003 (acknowledgement of notice)—
(a) in subsection (1), for “(in duplicate) in accordance with this Part, it must acknowledge receipt of the notice by sending or delivering one notice” substitute “ in accordance with this Part, it must give written acknowledgement of the receipt of the notice ”, and
(b) omit subsection (2).
(2) The amendments made by this section apply in relation to temporary event notices that are given on or after the commencement of this section.
117 Temporary event notice: time for objection to notice
(1) In section 104(3) of the Licensing Act 2003 (objection to temporary event notice by police), for “second” substitute “ third ”.
(2) The amendment made by this section applies in relation to temporary event notices that are given on or after the commencement of this section.
(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In section 169A (closure notice for persistently selling alcohol to children)—
(a) in subsection (2)(a), for “for a period not exceeding 48 hours” substitute “ , for the period specified in the notice, ”, and
(b) in subsection (4), for “not more than 48 hours” substitute “ at least 48 hours but not more than 336 hours ”.
(4) The amendment made by subsection (2) of this section applies in relation to offences that are committed on or after the commencement of that subsection.
(5) The amendments made by subsection (3) of this section apply in relation to closure notices that are given on or after the commencement of that subsection in relation to offences committed before, on or after that commencement.