Violent Crime Reduction Act 2006

Yn ddilys o 05/06/2008

16 Designation of alcohol disorder zones E+W

(1) A local authority may by order designate a locality in their area as an alcohol disorder zone if they are satisfied—

(a) that there has been nuisance or annoyance to members of the public, or a section of the public, or disorder, in or near that locality;

(b) that the nuisance, annoyance or disorder is associated with the consumption of alcohol in that locality or with the consumption of alcohol supplied at premises in that locality;

(c) that there is likely to be a repetition of nuisance, annoyance or disorder that is so associated; and

(d) that subsection (8) allows the making of the order.

(2) Before designating a locality as an alcohol disorder zone, a local authority must publish a notice—

(a) setting out their proposal to designate the locality; and

(b) inviting persons interested to make representations about the proposal, and about what might be included in the action plan under subsection (4).

(3) That notice must require the representations to be made before the end of the period of 28 days beginning with the day after publication of the notice.

(4) As soon as reasonably practicable after the end of the period for making representations about a proposal by a local authority to designate a locality, the local authority and the local chief officer of police must—

(a) prepare a document (“the action plan”) setting out the steps the taking of which would, in their opinion, make the designation of the locality unnecessary;

(b) publish the action plan in such manner as they consider appropriate for bringing it to the attention of persons likely to be interested in it; and

(c) send a copy of the plan to every person who holds—

(i) a premises licence authorising the use of premises in the locality for the sale of alcohol by retail; or

(ii) a club premises certificate by virtue of which authorisation is given to the use of premises in the locality for the supply of alcohol to members or guests.

(5) The steps set out in the action plan may include the establishment and maintenance of a scheme for the making of payments to the local authority.

(6) The action plan must also contain proposals by—

(a) the local authority in whose area the locality to which the proposed designation relates is situated, and

(b) the local chief officer of police,

about what action they will take in relation to that locality if the plan is implemented.

(7) The power of the Secretary of State to make regulations under subsection (2) of section 15 shall be exercisable in relation to sums received by a local authority in accordance with a scheme established under an action plan as it is exercisable in relation to sums received by a local authority in respect of charges imposed by virtue of regulations under that section.

(8) A local authority may only make an order designating a locality as an alcohol disorder zone if—

(a) the period of 8 weeks beginning with the day after the publication of the action plan has expired without such steps for implementing the action plan having been taken as, in that authority's opinion, make the designation of the locality unnecessary; or

(b) the local authority are satisfied (whether before or after the end of that period) that the plan will not be implemented, that the steps required by the plan are no longer being taken or that effect is no longer being given to arrangements made in accordance with the plan.