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100 Acknowledgement of notice | |
(1) Where a licensing authority receives a temporary event notice (in duplicate) in | |
accordance with this Part, it must acknowledge receipt of the notice by sending | |
or delivering one notice to the premises user— | |
(a) before the end of the first working day following the day on which it | 5 |
was received, or | |
(b) if the day on which it was received was not a working day, before the | |
end of the second working day following that day. | |
(2) The authority must mark on the notice to be returned under subsection (1) an | |
acknowledgement of the receipt in the prescribed form. | 10 |
(3) Subsection (1) does not apply where, before the time by which the notice must | |
be returned in accordance with that subsection, a counter notice has been sent | |
or delivered to the premises user under section 105 in relation to the temporary | |
event notice. | |
101 Withdrawal of notice | 15 |
(1) A temporary event notice may be withdrawn by the premises user giving the | |
relevant licensing authority a notice to that effect no later than 24 hours before | |
the beginning of the event period specified in the temporary event notice. | |
(2) Nothing in section 100 or sections 102 to 105 applies in relation to a notice | |
withdrawn in accordance with this section. | 20 |
Police objections | |
102 Objection to notice by the police | |
(1) The premises user must give a copy of any temporary event notice to the | |
relevant chief officer of police no later than ten working days before the day on | |
which the event period specified in the notice begins. | 25 |
(2) Where a chief officer of police who receives a copy notice under subsection (1) | |
is satisfied that allowing the premises to be used in accordance with the notice | |
would undermine the crime prevention objective, he must give a notice stating | |
the reasons why he is so satisfied (an “objection notice”)— | |
(a) to the relevant licensing authority, and | 30 |
(b) to the premises user. | |
(3) The objection notice must be given no later than 48 hours after the chief officer | |
of police is given a copy of the temporary event notice under subsection (1). | |
(4) Subsection (2) does not apply at any time after the relevant chief officer of | |
police has received a copy of a counter notice under section 105 in respect of | 35 |
the temporary event notice. | |
(5) In this section “relevant chief officer of police” means— | |
(a) where the premises are situated in one police area, the chief officer of | |
police for that area, and | |
(b) where the premises are situated in two or more police areas, the chief | 40 |
officer of police for each of those areas. | |
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103 Counter notice following police objection | |
(1) This section applies where an objection notice is given in respect of a | |
temporary event notice. | |
(2) The relevant licensing authority must— | |
(a) hold a hearing to consider the objection notice, unless the premises | 5 |
user, the chief officer of police who gave the objection notice and the | |
authority agree that a hearing is unnecessary, and | |
(b) having regard to the objection notice, give the premises user a counter | |
notice under this section if it considers it necessary for the promotion of | |
the crime prevention objective to do so. | 10 |
(3) The relevant licensing authority must— | |
(a) in a case where it decides not to give a counter notice under this section, | |
give the premises user and the relevant chief officer of police notice of | |
the decision, and | |
(b) in any other case— | 15 |
(i) give the premises user the counter notice and a notice stating | |
the reasons for its decision, and | |
(ii) give the relevant chief officer of police a copy of both of those | |
notices. | |
(4) A decision must be made under subsection (2)(b), and the requirements of | 20 |
subsection (3) must be met, at least 24 hours before the beginning of the event | |
period 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 this | |
section must be exercised by those authorities jointly. | 25 |
(6) This section does not apply— | |
(a) if the objection notice has been withdrawn (whether by virtue of section | |
104 or otherwise), or | |
(b) if the premises user has been given a counter notice under section 105. | |
(7) In this section “objection notice” and “relevant chief officer of police” have the | 30 |
same meaning as in section 102. | |
104 Modification of notice following police objection | |
(1) This section applies where a chief officer of police has given an objection notice | |
in respect of a temporary event notice (and the objection notice has not been | |
withdrawn). | 35 |
(2) At any time before a hearing is held or dispensed with under section 103(2), the | |
chief officer of police may, with the agreement of the premises user, modify the | |
temporary event notice by making changes to the notice returned to the | |
premises user under section 100. | |
(3) Where a temporary event notice is modified under subsection (2)— | 40 |
(a) the objection notice is to be treated for the purposes of this Act as | |
having been withdrawn from the time the temporary event notice is | |
modified, and | |
(b) from that time— | |
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(i) this Act has effect as if the temporary event notice given under | |
section 98 had been the notice as modified under that | |
subsection, and | |
(ii) to the extent that the conditions of section 96 are satisfied in | |
relation to the unmodified notice they are to be treated as | 5 |
satisfied in relation to the notice as modified under that | |
subsection. | |
(4) A copy of the temporary event notice as modified under subsection (2) must be | |
sent or delivered by the chief officer of police to the relevant licensing authority | |
before a hearing is held or dispensed with under section 103(2). | 10 |
(5) Where the premises are situated in more than one police area, the chief officer | |
of police may modify the temporary event notice under this section only with | |
the consent of the chief officer of police for the other police area or each of the | |
other police areas in which the premises are situated. | |
(6) This section does not apply if a counter notice has been given under section | 15 |
105. | |
(7) In this section “objection notice” has the same meaning as in section 102(2). | |
Limits on temporary event notices | |
105 Counter notice where permitted limits exceeded | |
(1) Where a licensing authority— | 20 |
(a) receives a temporary event notice (“notice A”) in respect of any | |
premises (“the relevant premises”), and | |
(b) is satisfied that subsection (2), (3) or (4) applies, | |
the authority must give the premises user (“the relevant premises user”) a | |
counter notice under this section. | 25 |
(2) This subsection applies if the relevant premises user— | |
(a) holds a personal licence, and | |
(b) has already given at least 50 temporary event notices in respect of event | |
periods wholly or partly within the same year as the event period | |
specified in notice A. | 30 |
(3) This subsection applies if the relevant premises user— | |
(a) does not hold a personal licence, and | |
(b) has already given at least five temporary event notices in respect of | |
such event periods. | |
(4) This subsection applies if at least five temporary event notices have already | 35 |
been given which— | |
(a) are in respect of the whole or any part of the relevant premises, or | |
premises which include the whole or any part of those premises, and | |
(b) specify as the event period a period wholly or partly within the same | |
year as the event period specified in notice A. | 40 |
(5) If the event period in notice A straddles two years, subsections (2), (3) and (4) | |
apply separately in relation to each of those years. | |
(6) A counter notice under this section must be in the prescribed form and given | |
to the premises user in the prescribed manner. | |
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(7) No such counter notice may be given later than 24 hours before the beginning | |
of the event period specified in notice A. | |
(8) In determining whether subsection (2), (3) or (4) applies, any temporary event | |
notice in respect of which a counter notice has been given under this section or | |
section 103 is to be disregarded. | 5 |
(9) In determining for the purposes of subsection (2) or (3) the number of | |
temporary event notices given by the relevant premises user— | |
(a) a temporary event notice given by an individual who is an associate of | |
the relevant premises user is to be treated as a notice given by the | |
relevant premises user; | 10 |
(b) a temporary event notice (“notice B”) given by an individual who is in | |
business with the relevant premises user is to be treated as a notice | |
given by the relevant premises user if— | |
(i) that business relates to one or more licensable activities, and | |
(ii) notice A and notice B relate to one or more licensable activities | 15 |
to which the business relates (but not necessarily the same | |
activity or activities). | |
(10) Where a licensing authority gives a counter notice under this section it must, | |
forthwith, send a copy of that notice to the chief officer of police for the police | |
area (or each of the police areas) in which the relevant premises are situated. | 20 |
(11) For the purposes of this section— | |
(a) “year” means calendar year; and | |
(b) subsections (3) and (4) of section 99 (meaning of “associate”) apply as | |
they apply for the purposes of that section. | |
Rights of entry, production of notice, etc. | 25 |
106 Right of entry where temporary event notice given | |
(1) A constable or an authorised officer may, at any reasonable time, enter the | |
premises to which a temporary event notice relates to assess the likely effect of | |
the notice on the promotion of the crime prevention objective. | |
(2) An authorised officer exercising the power conferred by this section must, if so | 30 |
requested, produce evidence of his authority to exercise the power. | |
(3) A person commits an offence if he intentionally obstructs an authorised officer | |
exercising a power conferred by this section. | |
(4) A person guilty of an offence under this section is liable on summary | |
conviction to a fine not exceeding level 2 on the standard scale. | 35 |
(5) In this section “authorised officer” means— | |
(a) an officer of the licensing authority in whose area the premises are | |
situated, or | |
(b) if the premises are situated in the area of more than one licensing | |
authority, an officer of any of those authorities, | 40 |
authorised for the purposes of this Act. | |
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