Gambling Bill

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 9 — Temporary Use of Premises
93

Procedure
204
Giving notice
(1)
A temporary use notice must be given to the licensing authority for the area in
which the premises specified under section 201(1)(c) are situated.
(2)
A temporary use notice must be given before the period of three months
5
ending with the day before the period specified under section 201(1)(d).
(3)
A temporary use notice given under subsection (1) must be accompanied by—
(a)
a copy of the notice, and
(b)
such fee as may be prescribed by regulations made—
(i)
in relation to premises in England and Wales, by the Secretary
10
of State, and
(ii)
in relation to premises in Scotland, by the Scottish Ministers.
(4)
A person who gives a temporary use notice must give a copy of it to—
(a)
the Commission,
(b)
either—
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(i)
in England and Wales, the chief officer of police for any area in
which the premises specified in the notice are wholly or partly
situated, or
(ii)
in Scotland, the chief constable of the police force maintained
for a police area in which the premises are wholly or partly
20
situated, and
(c)
Her Majesty’s Commissioners of Customs and Excise.
(5)
A person who gives a temporary use notice must ensure that it, and any copy
required by this section to be given, are received within the period of 7 days
beginning with the date specified under section 201(1)(g).
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(6)
In the case of premises situated partly in the area of one licensing authority and
partly in the area of another, the person giving the notice—
(a)
may give it to either authority, and
(b)
shall give a copy of the notice to the other authority.
(7)
In this Part—
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(a)
“chief officer of police” has the meaning given by section 101(1) of the
Police Act 1996 (c. 16), and
(b)
a reference to a chief officer’s area is a reference to the area in respect of
which he has responsibility under that Act.
(8)
Section 197 shall have effect in relation to fees under this section as it has effect
35
in relation to fees under Part 8.
205
Acknowledgment of notice
Where a licensing authority receive a temporary use notice in accordance with
section 204(1) they shall as soon as is reasonably practicable send a written
acknowledgment of the notice to the person who gave it.
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Part 9 — Temporary Use of Premises
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206
Objections
(1)
This section applies where a person receives a temporary use notice, or a copy
of a temporary use notice, in accordance with section 204.
(2)
If the person thinks that having regard to the licensing objectives the
temporary premises notice should not have effect, or should have effect only
5
with modification, he may give a notice of objection to the person who gave the
temporary use notice.
(3)
A person who gives a notice of objection under subsection (2) must give a copy
of the notice to the licensing authority to which the temporary use notice was
given (unless it is that licensing authority which give the notice of objection).
10
(4)
A notice of objection and any copy required by subsection (3) must be given
within the period of 21 days beginning with the date on which the temporary
use notice is given as specified under section 201(1)(g).
(5)
A notice of objection must state—
(a)
that the person giving the notice objects to the temporary use notice,
15
and
(b)
the person’s reasons.
(6)
If the person who gives a notice of objection later withdraws it by notice in
writing to the persons mentioned in subsections (2) and (3), the notice of
objection shall be disregarded.
20
207
Hearing of objections
(1)
This section applies where—
(a)
a temporary use notice is given to a licensing authority in accordance
with section 204, and
(b)
a notice of objection is given in accordance with section 206.
25
(2)
The licensing authority shall hold a hearing at which any of the following may
make representations about the notice of objection—
(a)
the person who gave the temporary use notice,
(b)
the person who gave the notice of objection, and
(c)
any other person who was entitled to receive a copy of the temporary
30
use notice in accordance with section 204.
(3)
But the licensing authority need not arrange a hearing if the authority and each
person who would be entitled to make representations agree in writing that a
hearing is unnecessary.
208
Modification by agreement
35
(1)
This section applies where—
(a)
a person has given a temporary use notice to a licensing authority in
accordance with section 204,
(b)
a notice of objection has been given by a person (“the objector”) in
accordance with section 206, and
40
(c)
a hearing in accordance with section 207(2) has neither—
(i)
taken place, nor
(ii)
been dispensed with in accordance with section 207(3).

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(2)
The objector may by notice in writing to the person who gave the temporary
use notice propose a modification of that notice.
(3)
If the person who gave the temporary use notice accepts the modification—
(a)
he shall give a new notice, incorporating the modification, in
accordance with section 204, and
5
(b)
the objection shall be treated as withdrawn (but without prejudice to
the right of any person other than the objector to give a notice of
objection in relation to the new notice).
(4)
The following provisions of section 204 shall not apply to a temporary use
notice given under subsection (3)(a) above—
10
(a)
subsection (2), and
(b)
subsection (3)(b).
209
Counter-notice
(1)
This section applies where—
(a)
a person has given a temporary use notice to a licensing authority in
15
accordance with section 204,
(b)
a notice of objection has been given in accordance with section 206, and
(c)
a hearing—
(i)
has taken place in accordance with section 207(2), or
(ii)
has been dispensed with in accordance with section 207(3).
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(2)
If the licensing authority think that the temporary use notice should not have
effect or should have effect only with modification, the authority may give a
counter-notice under this subsection to the person who gave the temporary use
notice.
(3)
A counter-notice may provide for the temporary use notice—
25
(a)
not to have effect;
(b)
to have effect only in respect of a specified activity;
(c)
to have effect only in respect of activity carried on during a specified
period of time or at specified times of day;
(d)
to have effect subject to compliance with a specified condition;
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and provision made under this subsection shall have effect.
(4)
A counter-notice must—
(a)
be in the prescribed form, and
(b)
contain the prescribed information.
(5)
A counter-notice must state the licensing authority’s reasons for giving it.
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(6)
Where a licensing authority give a counter-notice they shall give a copy to any
person who was entitled to receive a copy of the temporary use notice.
(7)
Section 145(1) shall apply to the exercise of a licensing authority’s functions
under this section as it applies to the exercise of a licensing authority’s
functions under Part 8.
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(8)
In this section “prescribed” means prescribed by regulations made by the
Secretary of State.

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210
Dismissal of objection
(1)
This section applies where—
(a)
a person has given a temporary use notice to a licensing authority in
accordance with section 204,
(b)
a notice of objection has been given in accordance with section 206, and
5
(c)
the licensing authority has determined not to give a counter-notice.
(2)
The licensing authority shall give notice of their determination to—
(a)
the person who gave the temporary use notice, and
(b)
each person who received a copy of the temporary use notice in
accordance with section 204.
10
211
Appeal
(1)
This section applies where a licensing authority—
(a)
give a counter-notice under section 209, or
(b)
give a notice under section 210.
(2)
Any of the following may appeal—
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(a)
the person who gave the temporary use notice, and
(b)
a person who was entitled to receive a copy of the temporary use notice
under section 204.
(3)
An appeal under this section must be instituted—
(a)
in the magistrates’ court for a petty sessions area in which the premises
20
to which the temporary use notice relates are wholly or partly situated,
(b)
by notice of appeal given to the justices’ chief executive, and
(c)
within the period of 21 days beginning with the day on which the
appellant receives notice of the action against which the appeal is
brought.
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(4)
Where an appeal is brought against the giving of a notice under section 210 the
person who gave the temporary use notice shall be a respondent in addition to
the licensing authority.
(5)
On an appeal under this section the magistrates’ court may—
(a)
dismiss the appeal;
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(b)
direct the licensing authority to take action of a specified kind;
(c)
remit the case to the licensing authority to decide in accordance with a
direction of the court;
(d)
make an order about costs.
(6)
Subsection (2) applies to a decision of a licensing authority following remittal
35
under subsection (5)(c) above.
(7)
A party to an appeal under this section may bring a further appeal to the High
Court on a point of law.
(8)
In relation to premises in Scotland—
(a)
subsection (3)(a) shall have effect as if it referred to a sheriff within
40
whose sheriffdom the premises are wholly or partly situated,
(b)
subsection (3)(b) shall not have effect,
(c)
the reference in subsection (5) to the magistrates’ court shall have effect
as a reference to the sheriff,

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(d)
the reference in subsection (5) to costs shall have effect as a reference to
expenses, and
(e)
the reference in subsection (7) to the High Court shall have effect as a
reference to the Court of Session.
212
Endorsement of notice
5
(1)
This section applies where a temporary use notice has been given to a licensing
authority under section 204.
(2)
If no notice of objection is pending in relation to the temporary use notice when
the 21 day period specified in section 206(4) expires, the licensing authority
shall—
10
(a)
endorse the copy submitted under section 204(3)(a) in such manner as
may be prescribed by the Secretary of State by regulations, and
(b)
return the endorsed copy, as soon as is reasonably practicable, to the
person giving the notice.
(3)
If a notice of objection is pending in relation to a temporary use notice when
15
the 21 day period specified in section 206(4) expires, then as soon as is
reasonably practicable after the completion of proceedings on the temporary
use notice the licensing authority shall, unless they give a counter-notice under
section 209(3)(a)—
(a)
endorse the copy submitted under section 204(3)(a) in such manner as
20
may be prescribed by the Secretary of State by regulations, and
(b)
return the endorsed copy, as soon as is reasonably practicable, to the
person giving the temporary use notice.
(4)
For the purposes of this section a notice of objection is pending if it has been
given in accordance with section 206 and—
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(a)
it has not been withdrawn, and
(b)
it is not treated as withdrawn in accordance with section 208(3)(b).
(5)
For the purposes of this section proceedings on a temporary use notice are
completed—
(a)
if any notice of objection given in relation to the temporary use notice
30
has been withdrawn, or
(b)
if the licensing authority has given a counter-notice under section 209
or a notice under section 210.
(6)
A licensing authority shall make arrangements whereby if an endorsed copy of
a temporary use notice is lost, stolen or damaged the person who gave the
35
notice can obtain a new endorsed copy; and—
(a)
the arrangements may include the charging of such fee as the Secretary
of State may prescribe by regulations, and
(b)
section 197 shall have effect in relation to fees under paragraph (a)
above as it has effect in relation to fees under Part 8.
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213
Consideration by licensing authority: timing
(1)
Where a licensing authority are given a temporary use notice in accordance
with section 204 the authority shall complete proceedings on the notice before
the end of the period of two months beginning with the date on which they
receive the notice.
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(2)
In subsection (1) the reference to proceedings on a temporary use notice is a
reference to—
(a)
considering whether to give a notice of objection under section 206,
(b)
holding a hearing in relation to any notice of objection given under
section 206 (whether or not by the licensing authority) or agreeing to
5
dispense with a hearing in accordance with section 207(3), and
(c)
giving a counter-notice under section 209 or a notice under section 210.
Miscellaneous
214
Availability of notice
(1)
A person who gives a temporary use notice in respect of premises shall—
10
(a)
arrange for a copy of the notice to be displayed prominently on the
premises at any time when an activity is being carried on in reliance on
the notice, and
(b)
arrange for the notice endorsed by the licensing authority in accordance
with section 212 to be produced on request to—
15
(i)
a constable,
(ii)
an enforcement officer, or
(iii)
an authorised local authority officer.
(2)
A person commits an offence if he fails without reasonable excuse to comply
with subsection (1).
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(3)
A person guilty of an offence under subsection (2) shall be liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
215
Withdrawal of notice
If a person who gives a temporary use notice to a licensing authority in
accordance with section 204 notifies the licensing authority that the notice is
25
withdrawn—
(a)
the notice shall have no effect (or, if it has started to have effect, shall
cease to have effect), and
(b)
no further proceedings shall take place in respect of the notice (except
in respect of a matter arising during or in relation to a time at which the
30
notice had effect).
216
Vehicles and vessels
(1)
A temporary use notice—
(a)
may not be given in respect of a vehicle (or part of a vehicle),
(b)
may be given in respect of all or part of a passenger vessel,
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(c)
may be given in respect of all or part of a vessel (within the meaning of
section 330(1)) situated at a fixed place in or on water, and
(d)
may not be given in respect of all or part of a vessel to which neither of
paragraphs (b) and (c) applies.
(2)
In relation to a vessel, a reference in this Part to a place in which premises are
40
wholly or partly situated shall be construed—
(a)
in the case of a vessel (within the meaning of section 330(1)) situated at
a fixed place in or on water, as a reference to that place,

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(b)
in the case of a vessel which is permanently moored at a place, as a
reference to that place,
(c)
in the case of a vessel which is habitually moored at one place more
frequently or for longer periods than at any other place, as a reference
to that place, and
5
(d)
in any other case, as a reference to any place at which a vessel is moored
or is likely to be moored, or to the place in the United Kingdom nearest
to any place at which a vessel is or is likely to be, while activities are
carried on in the vessel in reliance on a temporary use notice.
(3)
In relation to a vessel, the following are responsible authorities for the
10
purposes of this Part (in addition to the persons listed in section 148)—
(a)
a navigation authority, within the meaning of section 221(1) of the
Water Resources Act 1991 (c. 57), which has functions in relation to any
place at which a vessel is moored or is likely to be moored, or to the
place in the United Kingdom nearest to any place at which a vessel is or
15
is likely to be, while activities are carried on in the vessel in reliance on
a temporary use notice,
(b)
the Environment Agency,
(c)
the British Waterways Board, and
(d)
the Secretary of State.
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217
Delegation of licensing authority functions
(1)
The functions under this Part of a licensing authority in England and Wales are
by virtue of this subsection delegated to the licensing committee of the
authority established under section 6 of the Licensing Act 2003 (c. 17).
(2)
The following provisions of the Licensing Act 2003 shall apply in relation to a
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function delegated to a licensing committee under this section as they apply in
relation to a function delegated under that Act—
(a)
section 7(9) (referral back to licensing authority), and
(b)
section 10 (sub-delegation).
(3)
In the application of section 10(4) of that Act (matters not to be delegated to
30
officer) by virtue of subsection (2) above, for the list of functions there shall be
substituted a reference to any function under section 209 of this Act.
(4)
The provisions of section 9 of that Act and regulations under it apply to
proceedings of licensing committees and their sub-committees in relation to
the exercise of functions under this Part; and for that purpose regulations may,
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in particular, make provision which applies—
(a)
only in relation to functions under that Act,
(b)
only in relation to functions under this Part, or
(c)
differently in relation to functions under that Act and functions under
this Part.
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218
Register
(1)
A licensing authority shall—
(a)
maintain a register of temporary use notices given to them together
with such other information as may be prescribed,
(b)
make the register and information available for inspection by members
45
of the public at all reasonable times, and