Police Reform and Social Responsibility Bill (HL Bill 86)

(3) In section 52(8) (determination of application for review of premises licence)—

(a) in paragraph (a)(i), for “an interested party” substitute “any other
person”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible
5authority)” substitute “a person who is not a responsible authority”.

(4) In section 53A(3) (summary reviews on application of senior police officer)—

(a) in paragraph (c), for “interested parties” substitute “other persons”, and

(b) in paragraph (e), for “interested party” substitute “other person”.

(5) In section 53C(8) (review of premises licence following summary review
10notice)—

(a) in paragraph (a), for “an interested party” substitute “any other
person”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.

(6) 15In section 167 (review of premises licence following closure order)—

(a) in subsection (4)(b), for “interested parties” substitute “other persons”,

(b) in subsection (4)(c), for “interested party” substitute “other person”,

(c) in subsection (10)(a), for “an interested party” substitute “any other
person”,

(d) 20in subsection (10)(c), for “an interested party (who is not also a
responsible authority)” substitute “a person who is not a responsible
authority”, and

(e) in subsection (14), for ““interested party” and “responsible authority”
have” substitute ““responsible authority” has”.

(7) 25The amendments made by this section apply in relation to applications for
review that are made on or after the commencement of this section.

107 Club premises certificates: who may make relevant representations

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (7).

(2) In section 69 (authorised persons, interested parties and responsible
30authorities)—

(a) in the title, omit “, interested parties”,

(b) in subsection (1), omit ““interested party”,”, and

(c) omit subsection (3).

(3) In section 71(6) (application for club premises certificate)—

(a) 35in paragraph (a)(ii), for “interested parties” substitute “persons who
live, or are involved in a business, in the relevant licensing authority’s
area and who are”,

(b) after paragraph (a) insert—

“(aa) require the relevant licensing authority to advertise the
40application within the prescribed period—

(i) in the prescribed form, and

(ii) in a manner which is prescribed and is likely to
bring the application to the attention of the
persons who are likely to be affected by it; and”,
45and”

(c) in paragraph (c), for “interested parties and responsible authorities”
substitute “responsible authorities and other persons”.

(4) In section 72(8) (determination of application for club premises certificate)—

(a) in paragraph (a), for “an interested party or responsible authority”
5substitute “a responsible authority or other person”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.

(5) In section 85(6) (determination of application to vary club premises
certificate)—

(a) 10in paragraph (a), for “an interested party or responsible authority”
substitute “a responsible authority or other person”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.

(6) In section 86B(2)(b)(ii) (determination of application for minor variation of club
15premises certificate), for “an interested party” substitute “any other person”.

(7) In section 194 (index of defined expressions), omit the entry for the expression
“interested party, in Part 4”.

(8) In section 33 of the Policing and Crime Act 2009 (individual members of
licensing authorities to be interested parties), omit subsection (2).

(9) 20The amendments made by this section apply in relation to applications relating
to club premises certificates that are made on or after the commencement of
this section.

108 Club premises certificates: who may apply for review

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (4).

(2) 25In section 87 (application for review of club premises certificate), for subsection
(1) substitute—

“(1) Where a club holds a club premises certificate, a responsible authority
or any other person may apply to the relevant licensing authority for a
review of the certificate.”.

(3) 30In section 87(3) (application for review of club premises certificate)—

(a) in paragraph (b), after “to the authority” insert “by the club, responsible
authorities and other persons”, and

(b) in paragraph (c), for “interested party” substitute “other person”.

(4) In section 88(8) (determination of application for review of club premises
35certificate)—

(a) in paragraph (a), for “an interested party” substitute “any other
person”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.

(5) 40The amendments made by this section apply in relation to applications for
review that are made on or after the commencement of this section.

Reducing the evidential burden on licensing authorities

109 Reducing the burden: premises licences

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (14).

(2) In section 18 (determination of application for premises licence)—

(a) 5in subsection (3)(b), for “necessary” substitute “appropriate”, and

(b) in subsection (4)(a)(i), for “necessary” substitute “appropriate”.

(3) In section 22(2) (prohibited conditions: plays), for “necessary” substitute
“appropriate”.

(4) In section 25A(6) (grant of premises licence: supply of alcohol from community
10premises), for “necessary” substitute “appropriate”.

(5) In section 31 (determination of application for provisional statement)—

(a) in subsection (3)(b), for “necessary” substitute “appropriate”, and

(b) in subsection (3)(c)(ii), for “necessary” substitute “appropriate”.

(6) In section 35(3)(b) (determination of application to vary premises licence), for
15“necessary” substitute “appropriate”.

(7) In section 39(3)(b) (determination of application to vary premises licence to
specify premises supervisor), for “necessary” substitute “appropriate”.

(8) In section 41D(5) (variation of premises licence: supply of alcohol from
community premises), for “necessary” substitute “appropriate”.

(9) 20In section 44(5)(b) (determination of transfer application), for “necessary”
substitute “appropriate”.

(10) In section 48(3)(b) (cancellation of interim authority notice following police
objections), for “necessary” substitute “appropriate”.

(11) In section 52(3) (determination of application for review of premises licence),
25for “necessary” substitute “appropriate”.

(12) In section 53B(8)(a) (supplementary provision about review of premises
licence), for “necessary” substitute “appropriate”.

(13) In section 53C(2)(b) (review of premises licence following review notice), for
“necessary” substitute “appropriate”.

(14) 30In section 177(5) (dancing and live music in certain small premises), for
“necessary” substitute “appropriate”.

(15) The amendments made by this section (other than subsection (10)) apply in
relation to applications relating to premises licences that are made on or after
the commencement of this section.

(16) 35The amendment made by subsection (10) of this section applies in relation to
interim authority notices that are given on or after the commencement of this
section.

110 Reducing the burden: club premises certificates

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (5).

(2) In section 72 (determination of application for club premises certificate)—

(a) in subsection (3)(b), for “necessary” substitute “appropriate”, and

(b) in subsection (4)(a)(i), for “necessary” substitute “appropriate”.

(3) In section 76(2) (prohibited conditions: plays), for “necessary” substitute
5“appropriate”.

(4) In section 85(3)(b) (determination of application to vary club premises
certificate), for “necessary” substitute “appropriate”.

(5) In section 88(3) (determination of application for review of club premises
certificate), for “necessary” substitute “appropriate”.

(6) 10The amendments made by this section apply in relation to applications relating
to club premises certificates that are made on or after the commencement of
this section.

111 Reducing the burden: other situations

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (6).

(2) 15In section 105(2)(b) (counter notice following police objection), for “necessary”
substitute “appropriate”.

(3) In section 120(7)(b)(i) (determination of application for grant of personal
licence), for “necessary” substitute “appropriate”.

(4) In section 121(6)(b)(i) (determination of application for renewal of personal
20licence), for “necessary” substitute “appropriate”.

(5) In section 124(4)(b) (convictions coming to light after grant or renewal of
personal licence), for “necessary” substitute “appropriate”.

(6) In section 167(5)(b) (review of premises licence following closure order), for
“necessary” substitute “appropriate”.

(7) 25The amendment made by subsection (2) of this section applies in relation to
temporary event notices that are given on or after the commencement of this
section.

(8) The amendments made by subsections (3) to (5) of this section apply in relation
to applications relating to personal licences that are made on or after the
30commencement of this section.

(9) The amendment made by subsection (6) of this section applies in relation to
notices under section 165(4) of the Licensing Act 2003 (closure orders) that are
received by a licensing authority on or after the commencement of this section.

Temporary event notices

112 35Temporary event notices: who may make an objection

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (13).

(2) After section 99, insert—

“99A Meaning of “relevant person”

In this Part references to a “relevant person”, in relation to any
premises, are references to the following—

(a) 5the chief officer of police for any police area in which the
premises are situated,

(b) the local authority by which statutory functions are exercisable
in any area in which the premises are situated in relation to
minimising or preventing the risk of pollution of the
10environment or of harm to human health.”.

(3) In the cross-heading before section 104, for “Police objections” substitute
“Objections”.

(4) In the title to section 104 (objection to notice), for “the police” substitute “a
relevant person”.

(5) 15In section 104 (objection to notice), for subsection (2) substitute—

“(2) Where a relevant person who is given a temporary event notice is
satisfied that allowing the premises to be used in accordance with the
notice would undermine a licensing objective, the relevant person must
give a notice stating the reasons for being so satisfied (an “objection
20notice”)—

(a) to the relevant licensing authority,

(b) to the premises user, and

(c) to every other relevant person.”.

(6) In section 104(3) (timing for objection), for “chief officer of police” substitute
25“relevant person”.

(7) In section 104(4) (timing for objection), for “relevant chief officer of police”
substitute “relevant person”.

(8) Omit section 104(5) (definition of “relevant chief officer of police”).

(9) In section 105 (counter notice following objection)—

(a) 30in the title, omit “police”,

(b) in subsection (2)(a), for “chief officer of police” substitute “relevant
person”,

(c) in subsection (2)(b), for “the crime prevention objective” substitute “a
licensing objective”,

(d) 35in subsection (3)(a), for “the relevant chief officer of police” substitute
“each relevant person”, and

(e) in subsection (3)(b)(ii), for “the relevant chief officer of police”
substitute “each relevant person”.

(10) In section 106 (modification of notice following objection)—

(a) 40in the title, omit “police”,

(b) in subsection (1), for “chief officer of police” substitute “relevant
person”,

(c) in subsection (2)—

(i) for “chief officer of police” substitute “relevant person”, and

(ii) after “of the premises user” insert “and each other relevant
person”,

(d) in subsection (4), for “chief officer of police” substitute “relevant
person”, and

(e) 5omit subsection (5).

(11) In section 107(11) (counter notice where permitted limits exceeded), for the
words following “that notice” substitute “to each relevant person”.

(12) In section 194 (index of defined expressions), after the entry for the expression
“relevant offence” insert—

• 10“relevant person, in Part 5 ............................. section 99A”.

(13) In Schedule 5 (appeals)—

(a) in paragraph 16(1)(b), for “chief officer of police” substitute “relevant
person”,

(b) in paragraph 16(3), for “chief officer of police” substitute “relevant
15person”,

(c) in paragraph 16(8), in the definition of “objection notice”, omit “and”,

(d) in paragraph 16(8), at the end of the definition of “relevant licensing
authority” insert “; and

• relevant person” has the meaning given in section 99A.”.

(14) 20The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.

113 Temporary event notices: conditions

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (5).

(2) In section 98(1) (meaning of “permitted temporary activity”), for paragraph (a)
25substitute—

“(a) it is carried out in accordance with—

(i) a notice given in accordance with section 100, and

(ii) any conditions imposed under section 106A, and”.

(3) After section 106 insert—

“106A 30 Conditions on standard temporary event notice following objection

(1) This section applies where—

(a) a relevant person has given an objection notice under section
104(2) in respect of a standard temporary event notice,

(b) the objection notice has not been withdrawn, and

(c) 35the relevant licensing authority has decided under section 105
not to give a counter notice under that section.

(2) The relevant licensing authority may impose one or more conditions on
the standard temporary event notice if—

(a) the authority considers it appropriate for the promotion of the
40licensing objectives to do so,

(b) the conditions are also imposed on a premises licence or club
premises certificate that has effect in respect of the same
premises, or any part of the same premises, as the temporary
event notice, and

(c) the conditions would not be inconsistent with the carrying out
of the licensable activities under the temporary event notice.

(3) Where the authority decides to impose one or more conditions under
subsection (2)—

(a) 5the authority must give the premises user notice of the decision,

(b) the notice must be accompanied by a separate statement (the
“statement of conditions”) which sets out the conditions that
have been imposed on the temporary event notice, and

(c) a copy of the notice and statement of conditions must be given
10to each relevant party.

(4) The notice and statement of conditions under subsection (3) must—

(a) be in the prescribed form,

(b) be given to the premises user in the prescribed manner, and

(c) be given no later than 24 hours before the beginning of the event
15period specified in the temporary event notice.

(5) Where the premises are situated in the area of more than one licensing
authority, the functions conferred on the relevant licensing authority
by subsection (2) must be exercised by those authorities jointly.”.

(4) In section 109 (duty to keep and produce temporary event notice)—

(a) 20in the title, after “notice” insert “and statement of conditions”,

(b) in subsection (2)(a), after “notice” insert “, together with a copy of any
statement of conditions given under section 106A(3) in respect of the
notice”,

(c) in subsection (3)(a), after “notice” insert “, together with a copy of any
25statement of conditions given under section 106A(3) in respect of the
notice”,

(d) in subsection (3)(b), for “notice is” substitute “notice and any statement
of conditions are”,

(e) in subsection (5)(a), after “notice” insert “or any statement of
30conditions”,

(f) in subsection (5), after “produce the temporary event notice” insert “or
statement of conditions”,

(g) in subsection (6), after “produce the temporary event notice” insert “or
statement of conditions”, and

(h) 35in subsection (8), after “notice” insert “or statement of conditions”.

(5) In section 110 (theft, loss, etc. of temporary event notice)—

(a) in the title, after “notice” insert “or statement of conditions”,

(b) after subsection (1) insert—

“(1A) Where a statement of conditions that is given under section
40106A(3) is lost, stolen, damaged or destroyed, the premises user
may apply to the licensing authority which gave the statement
for a copy of the statement.”,

(c) in subsection (4), after “copy of the notice” insert “or statement”,

(d) in subsection (4)(a), after “notice” insert “or statement”,

(e) 45in subsection (5), after “notice” insert “or statement”, and

(f) in subsection (6), after “notice” insert “or statement”.

(6) The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.

114 Temporary event notices: late notices

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (12).

(2) 5In section 98(2) (meaning of “permitted temporary activity”), for “sections 102
(acknowledgement of notice) and 104(1) (notification of police)” substitute
“section 102 (acknowledgement of notice)”.

(3) In section 100 (temporary event notice)—

(a) in subsection (7), for paragraph (a) substitute—

“(a) 10must be given in accordance with section 100A, and”,
and”

(b) in subsection (7)(b), after “fee” insert “when it is given by the premises
user to the relevant licensing authority.”.

(4) After section 100 insert—

“100A 15 Standard and late temporary event notices

(1) For the purposes of section 100(7)(a), a temporary event notice must be
given in accordance with—

(a) subsection (2), in which case the notice is a “standard temporary
event notice”, or

(b) 20subsection (3), in which case the notice is a “late temporary
event notice”.

(2) A temporary event notice is given in accordance with this subsection if,
no later than ten working days before the day on which the event
period begins—

(a) 25it is given to the relevant licensing authority by means of a
relevant electronic facility, or

(b) it is given to the relevant licensing authority (otherwise than by
means of a relevant electronic facility) and to each relevant
person.

(3) 30A temporary event notice is given in accordance with this subsection
if—

(a) it is given to the relevant licensing authority by means of a
relevant electronic facility no later than five working days, but
no earlier than nine working days, before the day the event
35period begins, or

(b) both of the following are satisfied—

(i) it is given to the relevant licensing authority (otherwise
than by means of a relevant electronic facility) and to
each relevant person no later than five working days
40before the day on which the event period begins;

(ii) it is given to at least one of those persons no earlier than
nine working days before the day on which that event
period begins.

(4) Where a temporary event notice (the “original notice”) is given by the
45premises user to the relevant licensing authority by means of a relevant
electronic facility as referred to in subsection (2)(a) or (3)(a)—

(a) the licensing authority must give a copy of the original notice to
each relevant person no later than the end of the first working
day after the day on which the original notice was given to the
authority, and

(b) 5for the purposes of this Act, the copy is to be treated as if it were
the original notice.

(5) In this section “event period” in relation to a temporary event notice
means the event period specified in the notice.”.

(5) In section 102 (acknowledgement of notice), for subsection (3) substitute—

“(3) 10Subsection (1) does not apply where, before the time by which
acknowledgement of the receipt of the notice must be given in
accordance with that subsection, a counter notice has been given to the
premises user under—

(a) where the counter notice is in respect of a late temporary event
15notice, section 104A, or

(b) where the counter notice is in respect of a standard temporary
event notice or a late temporary event notice, section 107.”.

(6) In section 104 (objection to notice)—

(a) omit subsections (1) and (1A), and

(b) 20in subsection (3), for “a copy of the temporary event notice under
subsection (1) or (1A)” substitute “the temporary event notice”.

(7) After section 104 insert—

“104A Counter notice following objection to late notice

(1) Where an objection notice is given under section 104(2) in respect of a
25late temporary event notice, the relevant licensing authority must give
the premises user a counter notice under this section.

(2) The counter notice must—

(a) be in the prescribed form, and

(b) be given to the premises user in the prescribed manner.

(3) 30The relevant licensing authority must, no later than 24 hours before the
beginning of the event period specified in the temporary event notice—

(a) give the counter notice to the premises user, and

(b) give a copy of the counter notice to each relevant person.”.

(8) In section 105 (counter notice following objection)—

(a) 35in the title, after “objection” insert “to standard temporary event
notice”,

(b) in subsection (1), for “in respect of a” substitute “under section 104(2) in
respect of a standard”, and

(c) omit subsection (7).

(9) 40In section 106(1) (modification of notice following objection)—

(a) in the title, for “notice” substitute “standard temporary event notice”,

(b) in subsection (1), for “in respect of a” substitute “under section 104(2) in
respect of a standard”, and

(c) in subsection (2), for “the notice returned to the premises user under
45section 102” substitute “it”.

(10) In section 107 (counter notice where permitted limits exceeded)—

(a) in subsection (2), for paragraph (b) substitute—

“(b) has already given at least—

(i) 50 temporary event notices, or

(ii) 5ten late temporary event notices,

in respect of event periods wholly or partly within the
same year as the event period specified in notice A.”,
and”

(b) in subsection (3), for paragraph (b) substitute—

“(b) 10has already given at least—

(i) five temporary event notices, or

(ii) two late temporary event notices,

in respect of event periods wholly or partly within the
same year as the event period specified in notice A.”.

(11) 15In section 194 (index of defined expressions)—

(a) after the entry for the expression “late night refreshment” insert—

• “late temporary event notice.................................... section
  100A(1)(b)”, and

(b) after the entry for the expression “secretary, in Part 4” insert—

• 20“standard temporary event notice.................................... section
  100A(1)(a)”.

(12) In paragraph 16(1)(a) of Schedule 5 (appeals), after “a” insert “standard”.

(13) The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.

115 25Relaxation of time limits applying to temporary event notices

(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).

(2) In section 100 (temporary event notice)—

(a) in subsection (1), for “96 hours” substitute “168 hours”, and

(b) in subsection (5)(b), for “96 hours” substitute “168 hours”.

(3) 30In section 107(5) (counter notice where permitted limits exceeded), for “15
days” substitute “21 days”.

(4) The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.

116 Temporary event notices: acknowledgment of notice

(1) 35In section 102 of the Licensing Act 2003 (acknowledgement of notice)—

(a) in subsection (1), for “(in duplicate) in accordance with this Part, it must
acknowledge receipt of the notice by sending or delivering one notice”
substitute “in accordance with this Part, it must give written
acknowledgement of the receipt of the notice”, and

(b) 40omit subsection (2).

(2) The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.