22.—(1) When carrying out a review of an alcohol disorder zone in accordance with section 17(4) of the 2006 Act (review of existing alcohol disorder zone) the local authority and chief officer of police shall, where the locality of the zone includes or is within five hundred metres of an area where the British Transport Police have jurisdiction under section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, consult the Chief Constable of the British Transport Police.
(2) Where on review of an alcohol disorder zone a local authority and chief officer of police consider it appropriate to maintain or to reduce the size of that zone they shall—
(a) consider whether the level of any non-baseline services provided by the local authority, the chief officer of police and the British Transport Police in or in connection with that zone and in return for a charge should be varied; and
(b) where the locality of the proposed zone includes or is within five hundred metres of an area where the British Transport Police have jurisdiction under section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, obtain the consent of the Chief Constable of the British Transport Police in respect of any non-baseline services it is proposed are to be provided by the British Transport Police in or in connection with that zone.
(3) After each review of an alcohol disorder zone—
(a) a local authority and chief officer of police shall give notice to each licence holder in the alcohol disorder zone of—
(i) their proposals for the alcohol disorder zone;
(ii) except in cases where revocation is proposed, the basis on which they are satisfied that the conditions in section 16(1) of the 2006 Act continue to be met in relation to that locality;
(iii) any change to the level of non-baseline services to be provided by them and the British Transport Police in or in connection with the alcohol disorder zone and in return for a charge; and
(iv) any changes to the charge to be paid to the local authority by the licence holder;
and shall invite representations to be made by those persons within seven days;
(b) a local authority shall publish in a local newspaper circulating in the area in which the designated locality under review is situated or in such public places within the designated locality as the local authority considers appropriate a notice setting out their proposals for the alcohol disorder zone and inviting representations within seven days.
23.—(1) A local authority may, following consideration of any representations made pursuant to regulation 23, vary, revoke or maintain a designation.
(2) In the case of revocation a local authority shall make an order under section 17(2) of the 2006 Act.
(3) In the case of variation, revocation or maintenance of a designation—
(a) a local authority and chief officer of police shall give notice to each licence holder in the alcohol disorder zone under review of the review decision and of any changes to the charge to be imposed on the licence holder; and
(b) a local authority shall publish the relevant order, or in a case in which the designation is maintained a notice setting out that decision, in such public places within the locality designated, or to be designated, as the local authority considers appropriate or in a local newspaper circulating in the locality that is designated, or to be designated, or, in the case of a revocation, was designated.
24.—(1) A local authority shall send to the Secretary of State a copy of each of the documents specified in paragraph (2) as soon as reasonably practicable after it has been published or made as the case may be.
(2) Those documents are—
(a) a notice under section 16(2) of the 2006 Act setting out a proposal to designate a locality as an alcohol disorder zone;
(b) an order under section 16(1) of the 2006 Act designating such a zone; and
(c) a notice of, or order made pursuant to, a final review decision, under regulation 24(1).
25. In Part I (miscellaneous functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive) to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000(12)—
(a) in column 1, at the end insert—
“50. Power to make or revoke an order designating a locality as an alcohol disorder zone.”; and
(b) in column 2, at the end insert—
“Section 16 of the Violent Crime Reduction Act 2006 (c. 38).”.
26.—(1) In Part I (miscellaneous functions) of Schedule 1 to the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2007(13)—
(a) in column 1, at the end insert—
“17. 17. Power to make or revoke an order designating a locality as an alcohol disorder zone.”; and
(b) in column 2, at the end insert—
“Section 16 of the Violent Crime Reduction Act 2006 (c. 38).”.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
4th June 2008
(This note is not part of the Regulations)
These Regulations implement Chapter 2 of Part 1 of the Violent Crime Reduction Act 2006. They allow local authorities to designate localities as alcohol disorder zones where there has been a nuisance or annoyance to members of the public, or disorder, and where the nuisance, annoyance or disorder is associated with the consumption of alcohol supplied at premises in that locality and where there is likely be a repetition of that nuisance, annoyance or disorder.
Part 1, regulations 1 to 3, sets out citation and commencement and contains definitions used in the Regulations.
Part 2, regulations 4 to 6, sets out provisions on proposal and consultation where a local authority is considering the designation of an alcohol disorder zone.
Part 3, regulations 7 and 8, sets out provisions on the action plan that must be made before a locality is designated as an alcohol disorder zone.
Part 4, regulations 9 to 21, sets out the procedure for the designation of an alcohol disorder zone and for the imposition of charges. Regulation 11 prescribes the use to which charges paid to a local authority can be put. Regulations 12 and 13 set out exemptions and discounts to the charges. Regulations 14, 15 and 16 describe the method of computing the charges to be levied and how those charges should be allocated. Regulation 17 requires the local authority to issue each licence holder in an alcohol disorder zone with a statement of charge. Regulation 18 provides for collection of charges and Regulation 19 sets out what is to happen if charges are not paid on time. Regulation 20 provides that premises licences may be suspended for non payment of an alcohol disorder zone charge. Regulation 21 provides for payment to the chief officer of police and to the British Transport Police Authority.
Part 5, regulations 22 and 23, provides for review of alcohol disorder zones.
Part 6, regulations 24 to 26, contains miscellaneous provisions regarding notification to the Secretary of State and amendments to Local Authorities regulations which mean that the power to designate or revoke an alcohol disorder zone is not a function that can be delegated to a local authority’s executive.
A full regulatory impact assessment of the effect that alcohol disorder zones will have on the costs of business is available on the Home Office Website at:http://www.homeoffice.gov.uk/documents/ria-violent-crime-bill-cov-0605/ria-violent-crime-bill-12-0605?view=Binary