The Local Authorities (Alcohol Disorder Zones) Regulations 2008

PART 5 Review of alcohol disorder zone

Review of alcohol disorder zone

22.—(1) When carrying out a review of an alcohol disorder zone in accordance with section 17(4) of the 2006 Act (review of existing alcohol disorder zone) the local authority and chief officer of police shall, where the locality of the zone includes or is within five hundred metres of an area where the British Transport Police have jurisdiction under section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, consult the Chief Constable of the British Transport Police.

(2) Where on review of an alcohol disorder zone a local authority and chief officer of police consider it appropriate to maintain or to reduce the size of that zone they shall—

(a) consider whether the level of any non-baseline services provided by the local authority, the chief officer of police and the British Transport Police in or in connection with that zone and in return for a charge should be varied; and

(b) where the locality of the proposed zone includes or is within five hundred metres of an area where the British Transport Police have jurisdiction under section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, obtain the consent of the Chief Constable of the British Transport Police in respect of any non-baseline services it is proposed are to be provided by the British Transport Police in or in connection with that zone.

(3) After each review of an alcohol disorder zone—

(a) a local authority and chief officer of police shall give notice to each licence holder in the alcohol disorder zone of—

(i) their proposals for the alcohol disorder zone;

(ii) except in cases where revocation is proposed, the basis on which they are satisfied that the conditions in section 16(1) of the 2006 Act continue to be met in relation to that locality;

(iii) any change to the level of non-baseline services to be provided by them and the British Transport Police in or in connection with the alcohol disorder zone and in return for a charge; and

(iv) any changes to the charge to be paid to the local authority by the licence holder;

and shall invite representations to be made by those persons within seven days;

(b) a local authority shall publish in a local newspaper circulating in the area in which the designated locality under review is situated or in such public places within the designated locality as the local authority considers appropriate a notice setting out their proposals for the alcohol disorder zone and inviting representations within seven days.

Outcome of review

23.—(1) A local authority may, following consideration of any representations made pursuant to regulation 23, vary, revoke or maintain a designation.

(2) In the case of revocation a local authority shall make an order under section 17(2) of the 2006 Act.

(3) In the case of variation, revocation or maintenance of a designation—

(a) a local authority and chief officer of police shall give notice to each licence holder in the alcohol disorder zone under review of the review decision and of any changes to the charge to be imposed on the licence holder; and

(b) a local authority shall publish the relevant order, or in a case in which the designation is maintained a notice setting out that decision, in such public places within the locality designated, or to be designated, as the local authority considers appropriate or in a local newspaper circulating in the locality that is designated, or to be designated, or, in the case of a revocation, was designated.