Gambling Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 9 — Temporary Use of Premises
95

(3)
A temporary use notice given by a person may specify an activity under
subsection (1)(b) only if the person’s operating licence authorises him to carry
on the activity.
207
Form of notice
(1)
A temporary use notice must—
5
(a)
be in the prescribed form,
(b)
specify the activity to be carried on in reliance on the notice,
(c)
specify the premises on which the activity is to be carried on,
(d)
specify the period of time during which the notice is to have effect,
(e)
specify the times of day during that period at which the activity is to be
10
carried on,
(f)
specify any periods during the previous 12 months during which a
temporary use notice has had effect in respect of the premises or any
part of the premises,
(g)
specify the date on which the notice is given, and
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(h)
contain any other prescribed information.
(2)
In this section “prescribed” means prescribed by regulations made by the
Secretary of State.
(3)
In subsection (1)(f) “the previous 12 months” means the period of 12 months
ending with the last day of the period specified under subsection (1)(d).
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208
Effect of notice
A temporary use notice shall, subject to the provisions of this Part and
provided that the requirements of this Part are complied with, have effect
during the period specified in the notice in accordance with section 207(1)(d).
209
Maximum permitted period
25
(1)
A set of premises may not be the subject of temporary use notification for more
than 21 days in a period of 12 months.
(2)
A set of premises may be the subject of more than one temporary use notice in
a period of 12 months (provided that the aggregate of the periods for which the
notices have effect does not exceed 21 days).
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(3)
If a temporary use notice is given to a licensing authority and subsection (1)
would be contravened if the notice had effect for any part of the period
specified in accordance with section 207(1)(d), the licensing authority shall give
a counter-notice providing for the temporary use notice not to have effect.
(4)
Subsections (5) and (6) apply where a temporary use notice is given to a
35
licensing authority and—
(a)
subsection (1) would be contravened if the notice had effect for the
whole of the period specified in accordance with section 207(1)(d) (“the
specified period”), but
(b)
the notice could have effect for some part of the specified period
40
without resulting in contravention of subsection (1).
(5)
The licensing authority shall give a counter-notice providing that the
temporary use notice—

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(a)
shall not have effect during such part of the specified period as the
licensing authority may specify in the counter-notice (“the excluded
period”), and
(b)
shall be treated for the purposes of this Part as if it related only to the
non-excluded period.
5
(6)
Where there is a choice as to which part of the specified period to exclude
under subsection (5), the licensing authority shall consult the person who gave
the temporary use notice before giving a counter-notice by virtue of that
subsection.
(7)
A counter-notice under this section shall have effect; and subsections (4) and
10
(6) of section 215 shall apply in relation to a counter-notice given under this
section as they apply in relation to a counter-notice given under that section.
(8)
For the purposes of this section a set of premises is the subject of temporary use
notification (or of a notice) if any part of the premises is the subject of
temporary use notification (or of a notice).
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Procedure
210
Giving notice
(1)
A temporary use notice must be given to the licensing authority for the area in
which the premises specified under section 207(1)(c) are situated.
(2)
A temporary use notice must be given before the period of three months
20
ending with the day before the period specified under section 207(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
25
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—
30
(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
35
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 207(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.

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Part 9 — Temporary Use of Premises
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(7)
In this Part—
(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.
5
(8)
Section 203 shall have effect in relation to fees under this section as it has effect
in relation to fees under Part 8.
211
Acknowledgment of notice
Where a licensing authority receive a temporary use notice in accordance with
section 210(1) they shall as soon as is reasonably practicable send a written
10
acknowledgment of the notice to the person who gave it.
212
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 210.
(2)
If the person thinks that having regard to the licensing objectives the
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temporary premises notice should not have effect, or should have effect only
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
20
given (unless it is that licensing authority which give the notice of objection).
(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 207(1)(g).
(5)
A notice of objection must state—
25
(a)
that the person giving the notice objects to the temporary use notice,
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
30
objection shall be disregarded.
213
Hearing of objections
(1)
This section applies where—
(a)
a temporary use notice is given to a licensing authority in accordance
with section 210, and
35
(b)
a notice of objection is given in accordance with section 212.
(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
40
(c)
any other person who was entitled to receive a copy of the temporary
use notice in accordance with section 210.

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(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.
214
Modification by agreement
(1)
This section applies where—
5
(a)
a person has given a temporary use notice to a licensing authority in
accordance with section 210,
(b)
a notice of objection has been given by a person (“the objector”) in
accordance with section 212, and
(c)
a hearing in accordance with section 213(2) has neither—
10
(i)
taken place, nor
(ii)
been dispensed with in accordance with section 213(3).
(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—
15
(a)
he shall give a new notice, incorporating the modification, in
accordance with section 210, and
(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).
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(4)
The following provisions of section 210 shall not apply to a temporary use
notice given under subsection (3)(a) above—
(a)
subsection (2), and
(b)
subsection (3)(b).
215
Counter-notice
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(1)
This section applies where—
(a)
a person has given a temporary use notice to a licensing authority in
accordance with section 210,
(b)
a notice of objection has been given in accordance with section 212, and
(c)
a hearing—
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(i)
has taken place in accordance with section 213(2), or
(ii)
has been dispensed with in accordance with section 213(3).
(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
35
notice.
(3)
A counter-notice may provide for the temporary use notice—
(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
40
period of time or at specified times of day;
(d)
to have effect subject to compliance with a specified condition;

and provision made under this subsection shall have effect.
(4)
A counter-notice must—

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(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.
(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.
5
(7)
Section 149(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.
(8)
In this section “prescribed” means prescribed by regulations made by the
Secretary of State.
10
216
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 210,
(b)
a notice of objection has been given in accordance with section 212, and
15
(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 210.
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217
Appeal
(1)
This section applies where a licensing authority—
(a)
give a counter-notice under section 215, or
(b)
give a notice under section 216.
(2)
Any of the following may appeal—
25
(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 210.
(3)
An appeal under this section must be instituted—
(a)
in the magistrates’ court for a petty sessions area in which the premises
30
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 216 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;

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(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
under subsection (5)(c) above.
5
(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
whose sheriffdom the premises are wholly or partly situated,
10
(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,
(d)
the reference in subsection (5) to costs shall have effect as a reference to
expenses, and
15
(e)
the reference in subsection (7) to the High Court shall have effect as a
reference to the Court of Session.
218
Endorsement of notice
(1)
This section applies where a temporary use notice has been given to a licensing
authority under section 210.
20
(2)
If no notice of objection is pending in relation to the temporary use notice when
the 21 day period specified in section 212(4) expires, the licensing authority
shall—
(a)
endorse the copy submitted under section 210(3)(a) in such manner as
may be prescribed by the Secretary of State by regulations, and
25
(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
the 21 day period specified in section 212(4) expires, then as soon as is
reasonably practicable after the completion of proceedings on the temporary
30
use notice the licensing authority shall, unless they give a counter-notice under
section 215(3)(a)—
(a)
endorse the copy submitted under section 210(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
35
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 212 and—
(a)
it has not been withdrawn, and
(b)
it is not treated as withdrawn in accordance with section 214(3)(b).
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(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
has been withdrawn, or
(b)
if the licensing authority has given a counter-notice under section 215
45
or a notice under section 216.

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(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
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
5
(b)
section 203 shall have effect in relation to fees under paragraph (a)
above as it has effect in relation to fees under Part 8.
219
Consideration by licensing authority: timing
(1)
Where a licensing authority are given a temporary use notice in accordance
with section 210 the authority shall complete proceedings on the notice before
10
the end of the period of two months beginning with the date on which they
receive the notice.
(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 212,
15
(b)
holding a hearing in relation to any notice of objection given under
section 212 (whether or not by the licensing authority) or agreeing to
dispense with a hearing in accordance with section 213(3), and
(c)
giving a counter-notice under section 215 or a notice under section 216.
Miscellaneous
20
220
Availability of notice
(1)
A person who gives a temporary use notice in respect of premises shall—
(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
25
(b)
arrange for the notice endorsed by the licensing authority in accordance
with section 218 to be produced on request to—
(i)
a constable,
(ii)
an enforcement officer, or
(iii)
an authorised local authority officer.
30
(2)
A person commits an offence if he fails without reasonable excuse to comply
with subsection (1).
(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.
221
Withdrawal of notice
35
If a person who gives a temporary use notice to a licensing authority in
accordance with section 210 notifies the licensing authority that the notice is
withdrawn—
(a)
the notice shall have no effect (or, if it has started to have effect, shall
cease to have effect), and
40
(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
notice had effect).