Violent Crime Reduction Act 2006

Yn ddilys o 05/06/2008

15 Power to impose charges on licence holders etc. in zones E+W

(1) The Secretary of State may, by regulations, make provision for the imposition by a local authority of charges to be paid to the authority for each month by—

(a) persons who for the whole or a part of that month held premises licences authorising the use of premises in alcohol disorder zones in the authority's area for the sale of alcohol by retail; and

(b) clubs which for the whole or a part of that month were authorised by virtue of club premises certificates to use premises in such zones for the supply of alcohol to members or guests.

(2) The Secretary of State may by regulations make provision requiring a local authority that impose charges by reference to an alcohol disorder zone to use sums received by them in respect of those charges for the purposes specified in or determined under the regulations.

(3) The rates of charges fixed under this section must be such as the Secretary of State considers appropriate for securing that the funds that he considers appropriate are available (after the costs of the scheme have been met from the charges) to be used for any purposes specified or determined under subsection (2).

(4) Regulations under this section fixing the rates of charges may fix different rates for different descriptions of local authority, different descriptions of alcohol disorder zones and different descriptions of premises and may do so either—

(a) by setting out the different rates in the regulations; or

(b) by specifying the methods of computing the different rates in the regulations.

(5) Regulations under this section fixing such rates—

(a) may authorise or require a local authority to grant discounts from the charges; and

(b) must provide for exemptions from the charges for the purpose mentioned subsection (6).

(6) The only exemptions from charges for which regulations under this section may provide are exemptions for the purpose of securing that charges are not imposed in relation to premises where—

(a) the principal use to which the premises are put does not consist in or include the sale or supply of alcohol; and

(b) the availability of alcohol on those premises is not the main reason, or one of the main reasons, why individuals enter or remain on those premises (whether generally or at particular times of the day or on particular days of the week, or both).

(7) Regulations providing for a discount or exemption from charges may make a discount or exemption subject to compliance with conditions which—

(a) are set out in the regulations; or

(b) are specified by the local authority in accordance with provision made under the regulations;

and those conditions may include conditions requiring approvals to be given in respect of premises by such persons, and in accordance with such scheme, as may be provided for in the regulations.

(8) The Secretary of State may by regulations make provision about—

(a) the payment, collection and enforcement of charges imposed in accordance with regulations under this section;

(b) the determination of questions about liability for such charges, about the rate of charge applicable in relation to a particular set of premises or about compliance with the conditions of any exemption or discount; and

(c) appeals against decisions determining such questions.

(9) Such regulations may include provision—

(a) for interest to be charged at such rate and in such manner as may be specified in or determined under the regulations on charges that are overdue; and

(b) for the suspension of premises licences and club premises certificates for non payment of a charge.

(10) In subsection (3) the reference, in relation to any charges, to the costs of the scheme is a reference to the costs of the arrangements made for or in connection with the imposition, collection and recovery of those charges.