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Police Reform and Social Responsibility Act 2011

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This is the original version (as it was originally enacted).

133Amendment of late night levy requirement
This sectionnoteType=Explanatory Notes has no associated

(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.

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