Policing and Crime Bill

Amendment 82A 82A: After Clause 25, insert the following new Clause— "Amendment of Licensing Act 2003 (1) The Licensing Act 2003 (c. 17) is amended as follows. (2) In section 4 (general duties of licensing authorities) after subsection (3) insert— "(4) In this section— "public safety" may include the safety of performers appearing at any premises, "public nuisance" may include— (a) low-level nuisance affecting a few people living locally, (b) the reduction in living and working amenity and environment of interested parties in the vicinity, "protection of children from harm" may include the protection of children from moral, psychological and physical harm." (3) In section 5 (statement of licensing policy) after subsection (7) insert— "(8) A licensing authority may publish a special policy for an area creating a rebuttable presumption that applications for new licenses that are likely to add to the existing cumulative impact will normally be refused unless the applicant can demonstrate in their operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives." (4) In section 18 (determination of application for premises licence) after subsection (7) insert— "(7A) When considering whether to make a representation, any responsible authority included in paragraph 13(4)(f) must assess what moral, psychological and physical harm the grant of the premises licence will have on children." (5) After section 21 (mandatory condition: door supervision) insert— "21A Mandatory conditions where licence authorises adult entertainment (1) Where a premises licence authorises adult entertainment, the licence must include a condition requiring an approved code of conduct. (2) The code of conduct may include measures relating to— (a) conditions of employment for performers, (b) codes of conduct for customers and performers, (c) the outward appearance of the premises. (3) When approving a code of conduct, the licence authority must have regard to— (a) any representations made by an interested party, (b) the character of the relevant locality, (c) the use to which any premises in the vicinity are put, (d) the layout, character or condition of the premises in respect of which the application is made.""