Police Reform and Social Responsibility Act 2011

Late night levy requirement: further provisionE+W

132Introduction of late night levy requirementE+W

(1)Where a licensing authority decides under section 125 that the late night levy requirement is to apply in its area, it must also decide—

(a)the date on which the late night levy requirement is first to apply, and

(b)for the first levy year and, subject to section 133, each subsequent levy year—

(i)the late night supply period;

(ii)the permitted exemption categories (if any) that are to apply in its area;

(iii)the permitted reduction categories (if any) that are to apply in its area;

(iv)the proportion of the net amount of levy payments that is to be paid to the relevant local policing body under section 131.

(2)Subsection (1)(b)(i) is subject to section 126(4) and (5).

(3)Subsection (1)(b)(iv) is subject to section 131(4).

(4)Regulations under section 134 apply in relation to any decision of a licensing authority under section 125 or this section.

133Amendment of late night levy requirementE+W

(1)Where the late night levy requirement applies in the area of a licensing authority under section 125, the authority may decide—

(a)that the requirement is to cease to apply in the area;

(b)that a different late night supply period is to apply;

(c)that any permitted exemption categories or permitted reduction categories are to apply in addition to any that currently apply, or to cease to apply, in the area;

(d)that a different proportion of the net amount of levy payments is to be paid to the relevant local policing body.

(2)Subsection (1)(b) is subject to section 126(4) and (5).

(3)Subsection (1)(d) is subject to section 131(4).

(4)Where—

(a)regulations under section 135 alter the permitted exemption categories or permitted reduction categories, and

(b)by virtue of the regulations any category that applies in the area of a licensing authority as the result of a relevant decision ceases to be a permitted exemption category or permitted reduction category,

the licensing authority must exercise its power under subsection (1)(c) so as to secure that all the categories that apply in its area in respect of future levy periods are permitted exemption categories or permitted reduction categories.

(5)In subsection (4)(b), “relevant decision” means a decision under—

(a)section 132(1)(b)(ii) or (iii), or

(b)subsection (1)(c) of this section.

(6)Where—

(a)regulations under subsection (5) of section 131 amend subsection (4) of that section, and

(b)by virtue of the regulations the proportion of the net amount of levy payments to be paid to the relevant local policing body ceases to satisfy section 131(4),

the licensing authority must exercise its power under subsection (1)(d) so as to secure that the proportion of the net amount of levy payments to be paid to the relevant local policing body in respect of future levy years satisfies that provision.

(7)Any decision made under subsection (1) may take effect only—

(a)in the case of a decision under paragraph (a), at the end of a levy period,

(b)in the case of decision under paragraph (b), (c) or (d), in respect of future levy periods.

(8)Regulations under section 134 apply in relation to any decision of a licensing authority under this section.

134Introduction or variation of late night levy requirement: procedureE+W

(1)Regulations must make provision as to the procedure to be followed by a licensing authority in relation to any proposal for—

(a)a decision under section 125(2) that the late night levy requirement is to apply in the area of the licensing authority (and any related decision under section 132(1));

(b)a decision under section 133(1)(a) that the late night levy requirement is to cease to apply in the area of the licensing authority;

(c)a decision under section 133(1)(b), (c) or (d).

(2)Regulations under this section must, in particular—

(a)require the licensing authority, where it proposes to make any decision mentioned in subsection (1), to consult the following about the proposal—

(i)the relevant local policing body;

(ii)the relevant chief officer of police;

(iii)holders of relevant late night authorisations;

(iv)any other persons prescribed by the regulations;

(b)make provision requiring the licensing authority to publish notice of any decision mentioned in subsection (1) (and of related decisions);

(c)in the case of a decision under section 125(2), make provision—

(i)enabling any relevant late night authorisation to be varied under section 34, 41A, 84 or 86A of the Licensing Act 2003, on the application of the holder, so as to cease to be a relevant late night authorisation before the beginning of the first levy year, and

(ii)for no fee to be payable in respect of any such application to the extent that it relates to such a variation.

(3)In the case of a proposal that the late night levy requirement should apply to the area of a licensing authority, the consultation about the proposal required under subsection (2)(a) must include consultation about the matters to be decided under section 132(1).

(4)Regulations under this section may specify matters of which the licensing authority must be satisfied before deciding under section 125(2) that the late night levy requirement is to apply in its area.

(5)In subsection (2)(c), “relevant late night authorisation” includes a premises licence or club premises certificate which would be a relevant late night authorisation if the licensing authority were to make the decisions in subsection (1)(a) in accordance with the proposal.

135Permitted exemption and reduction categoriesE+W

(1)Regulations may prescribe—

(a)categories of holders of relevant late night authorisations in relation to whom, if a licensing authority so decides, the requirement to pay the late night levy is not to apply (“permitted exemption categories”);

(b)categories of holders of relevant late night authorisations in relation to whom, if a licensing authority so decides, a reduced amount of the levy is to apply (“permitted reduction categories”).

(2)References in subsection (1) to a decision of a licensing authority are to a decision by the authority under section 132(1)(b)(ii) or (iii) or 133(1)(c) that the category in question is to apply in its area.

(3)Without prejudice to section 136(3), categories of holders may be prescribed for this purpose by reference, in particular, to—

(a)participation in arrangements of particular descriptions;

(b)particular descriptions of premises in respect of which authorisations are held.

(4)Regulations under subsection (1) which prescribe permitted reduction categories must also prescribe, in relation to each such category—

(a)what the reduced amount of the levy is, or

(b)the manner in which the reduced amount of the levy is to be calculated,

and must provide for the reduced amount of the late night levy, or the manner in which it is to be calculated, to be the same for all holders of relevant late night authorisations in that category for a levy year.

136Late night levy: regulationsE+W

(1)Any power to make regulations under this Chapter is exercisable by the Secretary of State, but may be exercised only with consent of Treasury.

(2)Regulations may amend any provision made by or under an Act so far as necessary or expedient in consequence of any provision made by or under this Chapter.

(3)Any regulations under this Chapter may—

(a)make different provision for different cases;

(b)make provision subject to exceptions;

(c)make supplemental, incidental, consequential and transitional provision.

(4)Subsection (3) is subject to section 128(4) and 135(4).

137InterpretationE+W

In this Chapter—

  • club premises certificate” has the same meaning as in the Licensing Act 2003 (see section 60 of that Act);

  • late night levy” means a levy payable under section 127(1);

  • the late night levy requirement” has the meaning given by section 125;

  • “late night supply period”, has the meaning given by section 126;

  • levy year”, in relation to a licensing authority, means a period of one year, beginning with the date specified under section 132(1)(a) or an anniversary of that date, for which the late night levy requirement applies in the area of the authority;

  • licensing authority” means an authority which is a licensing authority within the meaning of the Licensing Act 2003 (see section 3 of that Act);

  • net amount of levy payments” has the meaning given by section 130;

  • payment year”, in relation to the holder of a relevant late night authorisation, means a year to which any payment of the late night levy by the holder in respect of the authorisation relates;

  • “permitted exemption category” and “permitted reduction category” have the meanings given by section 135;

  • premises licence” has the same meaning as in the Licensing Act 2003 (see section 11 of that Act);

  • relevant late night authorisation” has the meaning given by section 126;

  • relevant chief officer of police”, in relation to a licensing authority, means the chief officer of police for the police area which comprises or includes the area of the licensing authority;

  • relevant local policing body”, in relation to a licensing authority, means the local policing body for the police area which comprises or includes the area of the licensing authority;

  • supply of alcohol” has the same meaning as in Part 3 of the Licensing Act 2003 (see section 14 of that Act).

138Crown applicationE+W

(1)This Chapter binds the Crown and has effect in relation to any premises licence, or club premises certificate, which relates to land in which there is—

(a)an interest belonging to Her Majesty in right of the Crown,

(b)an interest belonging to a government department, or

(c)an interest held in trust for Her Majesty for the purposes of such a department.

(2)This Chapter also applies in relation to any premises licence, or club premises certificate, which relates to—

(a)land which is vested in, but not occupied by, Her Majesty in right of the Duchy of Lancaster, and

(b)land which is vested in, but not occupied by, the possessor for the time being of the Duchy of Cornwall.

(3)Provision made by or under this Chapter applies to persons in the public service of the Crown as it applies to other persons.

(4)But nothing in this Chapter affects Her Majesty in Her private capacity.

139Amendments of the Licensing Act 2003E+W

(1)The Licensing Act 2003 is amended as follows.

(2)In section 55 (fees: premises licences), after subsection (1) insert—

(1A)Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).

(3)In section 92 (fees: club premises certificates), after subsection (1) insert—

(1A)Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).