Violent Crime Reduction Bill

In Committee in this place the Government gave a commitment to consider whether positive requirements to address alcohol misuse behaviour could be attached to a drinking banning order. On Second Reading in the other place we confirmed that we would table new clauses to that effect. That is the purpose of amendments Nos. 1, 2, 5 to 7 and 9 to 14. They enable individuals who are subject to a drinking banning order to undertake a course to address their alcohol misuse behaviour. Amendments Nos. 3, 8, 20, 21 and 25 make minor and technical changes to the provisions on drinking banning orders by removing the concept of ““relevant persons””. That removes an unintended fetter on the courts’ ability to make a DBO on conviction. The matter was helpfully drawn to our attention by the Crown Prosecution Service, so I am sure that the amendments will be welcomed. Amendment No. 30 gives effect to a recommendation in the report on the Bill by the House of Lords Delegated Powers and Regulatory Reform Committee. New section 147A(9) originally provided that the Secretary of State may make an order increasing the fine for the offence of persistently selling alcohol to children set out in new section 147A(1). The fine is currently set at a maximum of £10,000. By the effect of the Licensing Act 2003, the power could be exercised using negative resolution procedures, but in accordance with the Committee’s recommendation, the Bill was amended so that the fine could not be increased without the authority of both Houses of Parliament. However, the requirement to seek affirmative approval by each House is limited to increases which do not relate simply to inflation. Amendments Nos. 31 and 72 simply correct an unforeseen consequence of section 21 of the Licensing Act 2003. They will ensure that where a premises licence issued under the 2003 Act requires persons to be at the premises to undertake security activities, those persons will not need to be licensed by the security industry authority, unless the Private Security Industry Act 2001 requires them to be so licensed. Amendment No. 32 resolves an unintended problem, which was recently brought to our attention by a number of local authorities, associated with the licensing of public spaces under the Licensing Act 2003 and the use of designated public places orders under the Criminal Justice and Police Act 2001. Where a local authority holds a premises licence, or occupies or has managed for it a premises that is subject to a premises licence, a DPPO will be excluded from applying to those premises only at times when alcohol is actually being sold or supplied and for another 30 minutes thereafter. At all other times, the premises will be the subject of a DPPO. In other words, if a local authority has introduced a DPPO, it will not apply while alcohol sales are taking place. As I have said, that is a minor technical change. I am sure that the House welcomes this group of Lords amendments, because it resolves concerns expressed by local authorities on introducing DPPOs.