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"licensed premises" has the same meaning as in the Licensing Act 1964[3];

"local authority" and "public place" have the same meaning as in section 16 of the 2001 Act; and

"order" means an order under section 13(2) of the 2001 Act identifying specifically or by description a public place in the area of a local authority.

Consultation
     3.  - (1) Before making an order, a local authority shall consult - 

(a) the chief officer of police for the police area in which the public place proposed to be identified in the order is situated;

(b) the parish or community council in whose area the public place is situated;

(c) the chief officer of police, the local authority and the parish or community council for any area near to the public place which they consider may be affected by the designation; and

(d) the licensee of any licensed premises in that place or which they consider may be affected by the designation.

    (2) Before making an order, a local authority shall also take reasonable steps to consult the owners or occupiers of any land proposed to be identified.

     4. A local authority shall consider any representations as to whether or not a particular public place should be identified in an order whether made as a result of consultation under regulation 3, in response to a notice under regulation 5, or otherwise.

Publicity
     5. Before making an order, a local authority shall cause to be published in a newspaper circulating in their area a notice - 

(a) identifying specifically or by description the place proposed to be identified;

(b) setting out the effect of an order being made in relation to that place; and

(c) inviting representations as to whether or not an order should be made.

     6. No order shall be made until at least 28 days after the publication of the notice referred to in regulation 5.

     7. After making an order and before it takes effect, a local authority shall cause to be published in a newspaper circulating in their area a notice - 

(a) identifying the place which has been identified in the order;

(b) setting out the effect of the order in relation to that place; and

(c) indicating the date on which the order will take effect.

     8. Before an order takes effect, a local authority shall cause to be erected in the place identified such signs as they consider sufficient to draw the attention of members of the public in that place to the effect of the order.

     9. A copy of any order made shall be sent to the Secretary of State.

Amendment to Local Authorities (Functions and Responsibilities) (England) Regulations 2000
     10.  - (1) The Local Authorities (Functions and Responsibilities) (England) Regulations 2000[4] shall be amended as follows.

    (2) In Schedule 1[5] (Functions not to be the responsiblity of an authority's executive) there shall be added in Part I (Miscellaneous functions) at the end:

(a) in Column (1):

     " 49. Power to make an order identifying a place as a designated public place for the purposes of police powers in relation to alcohol consumption."; and

(b) in Column (2):

" Section 13(2) of the Criminal Justice and Police Act 2001 (c. 16).".

Beverley Hughes
Parlimentary Under-Secretary of State

Home Office
3rd August 2001

[2] 2000 c. 22.back

[3] 1964 c. 26.back

[4] S.I. 2000/2853.back

[5] Schedule 1 is amended by regulation 2(b) of and the Schedule to the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations (S.I. 2001/2212).back

 © Crown copyright 2001