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http://www.opsi.gov.uk/si/si2008/uksi_20083297_en_1

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008

Made 29th December 2008

Laid before Parliament 2nd January 2009

Coming into force 26th January 2009

The Secretary of State makes this Order in exercise of the powers conferred by section 3(1) and (1A) of the Criminal Justice and Police Act 2001(1):

Citation and commencement

1. This Order may be cited as The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008 and shall come into force on 26 January 2009.

Amount of penalty

2. For the Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002(2), substitute the Schedule to this Order.

Revocations

3. The following Orders are revoked—

(a) the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 2) Order 2004(3);

(b) the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2005(4).

Signed by authority of the Secretary of State

Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
29th December 2008

SCHEDULE

PART 1

Offences attracting penalty of £80 for persons aged 16 or over, and £40 for persons under 16

Section 167 of the Criminal Justice and Public Order Act 1994(15) Touting for hire car services

Section 3 of the Theft Act 1978(12) Making off without payment

Section 1 of the Theft Act 1968(9) Theft

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

New licensing offences to be dealt with by fixed penalty notices
Published Date: 13/Jan/2009
In 2001 the government introduced the penalty notice system for a range of minor offences, which allows offenders to accept their liability by way of payment of a fine within 21 days and avoiding court

These offences included infringements such as throwing fireworks in public places, trespassing on a railway or littering. Some offences attract a penalty of £80 for over-16s (and £40 for those between ten and sixteen), and others have a £50 penalty (reduced to £30 for those between ten and sixteen).

A failure to pay or to attend court results in an automatic fine of one and a half times the amount of the penalty.

Paying a penalty means that no criminal conviction is recorded, and their increasing use for offences has been criticised by the Magistrates’ Association. Over 400,000 notices have been issued since 2004 in all 43 police forces in England and Wales.

Under the Police Reform Act 2002, police officers, community support officers and persons accredited by chief constables (such as trading standards or licensing officers) can issue penalty notices.

There are now twenty offences that can be dealt with by virtue of the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008, which can be downloaded from the Institute Library together with the accompanying Explanatory Memorandum.

The Order introduces some new licensing offences to the scheme, including those relating to the private security industry and some alcohol related offences.

Those relating to licensing are set out below:

£80 PENALTY


Sale of tobacco to under-18s (s 7(1), Children and Young Persons Act 1933


Disorderly behaviour whilst drunk in a public place (s91, Criminal Justice Act 1967)


Failing to display in retail premises and on vending machines warning notices that it is illegal to sell tobacco products to under-18s (s 4, Children and Young Persons (Protection from Tobacco) Act 1999


Touting for hire car services (s 167, Criminal Justice and Public Order Act 1994)


Engaging in licensable conduct without or not in accordance with a licence (s 3, Private Security Industry Act 2001)


Contravening the conditions of a licence (s 9, Private Security Industry Act 2001)


Allowing disorderly conduct on licensed premises (s 140, Licensing Act 2003)


Sale of alcohol to a person already drunk (s 141, Licensing Act 2003)


Obtaining alcohol for consumption on relevant premises for a person who is drunk (s 142, Licensing Act 2003)


Failure of drunk or disorderly person to leave relevant premises on request (s 143, Licensing Act 2003)


Allowing unaccompanied children under 16 on certain premises (s 145, Licensing Act 2003)


Sale of alcohol to under 18s (s 146, Licensing Act 2003)


Purchase of alcohol on behalf of under 18s (s 149, Licensing Act 2003)


Delivering or allowing the delivery of alcohol to under 18s (s 151, Licensing Act 2003)


£50 PENALTY


Being drunk in a highway, other public place or licensed premises (s 12, Licensing Act 1872)


Entering or remaining on railways whilst drunk (byelaws 21(1) and 4(2), London Regional Transport Railways Byelaws 2000 and the Railway Byelaws 2005)


Having intoxicating liquor on a train service after reasonable notice given prohibiting its possession (byelaws 24(1) and 6, London Regional Transport Railways Byelaws 2000 and the Railway Byelaws 2005)

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Would that be like they do in big cities for PH taxi co and if so £80 is a small price to pay and only if you get caught

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

If they franchised out to a private company and pay them commission, it could well be the answer to touting.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!