Part 2Licensing
CHAPTER 2Late night levy
Late night levy requirement: further provision
I1132Introduction of late night levy requirement
1
Where a licensing authority decides under section 125 that F1a late night levy requirement is to apply F2..., 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 F3or periods (as to which see section 126(3A));
ii
the permitted exemption categories (if any) that are to apply F4...;
iii
the permitted reduction categories (if any) that are to apply F5...;
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.
I2133Amendment of late night levy requirement
1
F6Where, in consequence of a decision by a licensing authority under section 125, a late night levy requirement applies, the authority may decide—
a
that the requirement is to cease to apply F7...;
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, F8in relation to the late night levy requirement;
d
that a different proportion of the net amount of levy payments is to be paid to the relevant local policing body.
F91A
Where the late night levy requirement is in respect of both relevant late night alcohol authorisations and relevant late night refreshment authorisations, the power conferred by subsection (1)(b) includes—
a
where a single late night levy period applies, power to decide that two late night levy periods are to apply instead;
b
where two late night levy periods apply, power to decide that a single late night levy period is to apply instead.
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
the licensing authority must exercise its power under subsection (1)(c) so as to secure that all the categories that apply F12... 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.
I3134Introduction or variation of late night levy requirement: procedure
1
Regulations must make provision as to the procedure to be followed by a licensing authority in relation to any proposal for—
a
b
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 F17late night authorisations to which the levy requirement in question relates or would relate;
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, F18so that it is not a late night authorisation to which the levy requirement relates at 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
4
F235
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I4135Permitted exemption and reduction categories
1
Regulations may prescribe—
a
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 F28....
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 F29a levy is, or
b
the manner in which the reduced amount of F30a levy is to be calculated,
and must provide for the reduced amount of F31a late night levy, or the manner in which it is to be calculated, to be the sameF32, in respect of all late night levy requirements, for all holders of F33relevant late night alcohol authorisations or relevant late night refreshment authorisations in that category F34....
I5136Late night levy: regulations
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).
136AF35Late night levy: requests by relevant local policing bodies
1
The relevant local policing body in relation to a licensing authority may request the licensing authority to make a proposal for a decision under section 125(2) that a late night levy requirement of a kind described in the request is to apply.
2
In deciding whether to make a request, the relevant local policing body must consider the matters mentioned in section 125(3).
3
A request must be accompanied by any evidence the relevant local policing body has in support of its request.
4
In deciding how to respond to the request, the licensing authority must consider the matters mentioned in section 125(3).
5
The licensing authority must publish—
a
the request, including the evidence accompanying it, and
b
its response to the request.
6
The response must include reasons, including an explanation of the outcome of the authority’s consideration of the matters mentioned in section 125(3).
7
It is for the licensing authority to determine the manner in which it publishes the request and its response under subsection (4).
I6137Interpretation
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);
F36“a late night levy requirement” has the meaning given by section 125;
F37“late night refreshment” has the same meaning as in the Licensing Act 2003 (see Schedule 2 to that Act);
“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 F38a late night levy requirement applies F39...;
“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 F40a late night authorisation to which a late night levy requirement relates, 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).
I7138Crown application
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.
I8139Amendments of the Licensing Act 2003
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).