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112 | Temporary event notices: who may make an objection |
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(1) | The Licensing Act 2003 is amended as set out in subsections (2) to (13). |
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(2) | After section 99, insert— |
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“99A | Meaning of “relevant person” |
| 5 |
In this Part references to a “relevant person”, in relation to any |
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premises, are references to the following— |
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(a) | the chief officer of police for any police area in which the |
| |
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(b) | the local authority by which statutory functions are exercisable |
| 10 |
in any area in which the premises are situated in relation to |
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minimising or preventing the risk of pollution of the |
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environment or of harm to human health.”. |
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(3) | In the cross-heading before section 104, for “Police objections” substitute |
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| 15 |
(4) | In the title to section 104 (objection to notice), for “the police” substitute “a |
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(5) | In section 104 (objection to notice), for subsection (2) substitute— |
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“(2) | Where a relevant person who is given a temporary event notice is |
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satisfied that allowing the premises to be used in accordance with the |
| 20 |
notice would undermine a licensing objective, the relevant person must |
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give a notice stating the reasons for being so satisfied (an “objection |
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(a) | to the relevant licensing authority, |
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(b) | to the premises user, and |
| 25 |
(c) | to every other relevant person.”. |
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(6) | In section 104(3) (timing for objection), for “chief officer of police” substitute |
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(7) | In section 104(4) (timing for objection), for “relevant chief officer of police” |
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substitute “relevant person”. |
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(8) | Omit section 104(5) (definition of “relevant chief officer of police”). |
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(9) | In section 105 (counter notice following objection)— |
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(a) | in the title, omit “police”, |
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(b) | in subsection (2)(a), for “chief officer of police” substitute “relevant |
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| 35 |
(c) | in subsection (2)(b), for “the crime prevention objective” substitute “a |
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(d) | in subsection (3)(a), for “the relevant chief officer of police” substitute |
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“each relevant person”, and |
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(e) | in subsection (3)(b)(ii), for “the relevant chief officer of police” |
| 40 |
substitute “each relevant person”. |
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(10) | In section 106 (modification of notice following objection)— |
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(a) | in the title, omit “police”, |
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|
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|
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(b) | in subsection (1), for “chief officer of police” substitute “relevant |
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(i) | for “chief officer of police” substitute “relevant person”, and |
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(ii) | after “of the premises user” insert “and each other relevant |
| 5 |
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(d) | in subsection (4), for “chief officer of police” substitute “relevant |
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(11) | In section 107(11) (counter notice where permitted limits exceeded), for the |
| 10 |
words following “that notice” substitute “to each relevant person”. |
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(12) | In section 194 (index of defined expressions), after the entry for the expression |
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“relevant offence” insert— |
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“relevant person, in Part 5 ............................. section 99A”. |
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(13) | In Schedule 5 (appeals)— |
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(a) | in paragraph 16(1)(b), for “chief officer of police” substitute “relevant |
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(b) | in paragraph 16(3), for “chief officer of police” substitute “relevant |
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(c) | in paragraph 16(8), in the definition of “objection notice”, omit “and”, |
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(d) | in paragraph 16(8), at the end of the definition of “relevant licensing |
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authority” insert “; and— |
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“relevant person” has the meaning given in section 99A.”. |
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(14) | The amendments made by this section apply in relation to temporary event |
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notices that are given on or after the commencement of this section. |
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113 | Temporary event notices: conditions |
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(1) | The Licensing Act 2003 is amended as set out in subsections (2) to (5). |
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(2) | In section 98(1) (meaning of “permitted temporary activity”), for paragraph (a) |
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“(a) | it is carried out in accordance with— |
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(i) | a notice given in accordance with section 100, and |
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(ii) | any conditions imposed under section 106A, and”. |
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(3) | After section 106 insert— |
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“106A | Conditions on standard temporary event notice following objection |
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(1) | This section applies where— |
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(a) | a relevant person has given an objection notice under section |
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104(2) in respect of a standard temporary event notice, |
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(b) | the objection notice has not been withdrawn, and |
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(c) | the relevant licensing authority has decided under section 105 |
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not to give a counter notice under that section. |
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(2) | The relevant licensing authority may impose one or more conditions on |
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the standard temporary event notice if— |
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(a) | the authority considers it appropriate for the promotion of the |
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licensing objectives to do so, |
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|
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|
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|
(b) | the conditions are also imposed on a premises licence or club |
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premises certificate that has effect in respect of the same |
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premises, or any part of the same premises, as the temporary |
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(c) | the conditions would not be inconsistent with the carrying out |
| 5 |
of the licensable activities under the temporary event notice. |
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(3) | Where the authority decides to impose one or more conditions under |
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(a) | the authority must give the premises user notice of the decision, |
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(b) | the notice must be accompanied by a separate statement (the |
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“statement of conditions”) which sets out the conditions that |
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have been imposed on the temporary event notice, and |
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(c) | a copy of the notice and statement of conditions must be given |
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(4) | The notice and statement of conditions under subsection (3) must— |
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(a) | be in the prescribed form, |
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(b) | be given to the premises user in the prescribed manner, and |
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(c) | be given no later than 24 hours before the beginning of the event |
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period specified in the temporary event notice. |
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(5) | Where the premises are situated in the area of more than one licensing |
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authority, the functions conferred on the relevant licensing authority |
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by subsection (2) must be exercised by those authorities jointly.”. |
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(4) | In section 109 (duty to keep and produce temporary event notice)— |
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(a) | in the title, after “notice” insert “and statement of conditions”, |
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(b) | in subsection (2)(a), after “notice” insert “, together with a copy of any |
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statement of conditions given under section 106A(3) in respect of the |
| |
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(c) | in subsection (3)(a), after “notice” insert “, together with a copy of any |
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statement of conditions given under section 106A(3) in respect of the |
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(d) | in subsection (3)(b), for “notice is” substitute “notice and any statement |
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(e) | in subsection (5)(a), after “notice” insert “or any statement of |
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(f) | in subsection (5), after “produce the temporary event notice” insert “or |
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statement of conditions”, |
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(g) | in subsection (6), after “produce the temporary event notice” insert “or |
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statement of conditions”, and |
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(h) | in subsection (8), after “notice” insert “or statement of conditions”. |
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(5) | In section 110 (theft, loss, etc. of temporary event notice)— |
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(a) | in the title, after “notice” insert “or statement of conditions”, |
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(b) | after subsection (1) insert— |
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“(1A) | Where a statement of conditions that is given under section |
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106A(3) is lost, stolen, damaged or destroyed, the premises user |
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may apply to the licensing authority which gave the statement |
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for a copy of the statement.”, |
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(c) | in subsection (4), after “copy of the notice” insert “or statement”, |
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(d) | in subsection (4)(a), after “notice” insert “or statement”, |
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|
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|
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(e) | in subsection (5), after “notice” insert “or statement”, and |
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(f) | in subsection (6), after “notice” insert “or statement”. |
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(6) | The amendments made by this section apply in relation to temporary event |
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notices that are given on or after the commencement of this section. |
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114 | Temporary event notices: late notices |
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(1) | The Licensing Act 2003 is amended as set out in subsections (2) to (12). |
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(2) | In section 98(2) (meaning of “permitted temporary activity”), for “sections 102 |
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(acknowledgement of notice) and 104(1) (notification of police)” substitute |
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“section 102 (acknowledgement of notice)”. |
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(3) | In section 100 (temporary event notice)— |
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(a) | in subsection (7), for paragraph (a) substitute— |
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“(a) | must be given in accordance with section 100A, and”, |
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(b) | in subsection (7)(b), after “fee” insert “when it is given by the premises |
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user to the relevant licensing authority.”. |
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(4) | After section 100 insert— |
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“100A | Standard and late temporary event notices |
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(1) | For the purposes of section 100(7)(a), a temporary event notice must be |
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given in accordance with— |
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(a) | subsection (2), in which case the notice is a “standard temporary |
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(b) | subsection (3), in which case the notice is a “late temporary |
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(2) | A temporary event notice is given in accordance with this subsection if, |
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no later than ten working days before the day on which the event |
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(a) | it is given to the relevant licensing authority by means of a |
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relevant electronic facility, or |
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(b) | it is given to the relevant licensing authority (otherwise than by |
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means of a relevant electronic facility) and to each relevant |
| 30 |
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(3) | A temporary event notice is given in accordance with this subsection |
| |
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(a) | it is given to the relevant licensing authority by means of a |
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relevant electronic facility no later than five working days, but |
| 35 |
no earlier than nine working days, before the day the event |
| |
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(b) | both of the following are satisfied— |
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(i) | it is given to the relevant licensing authority (otherwise |
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than by means of a relevant electronic facility) and to |
| 40 |
each relevant person no later than five working days |
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before the day on which the event period begins; |
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(ii) | it is given to at least one of those persons no earlier than |
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nine working days before the day on which that event |
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|
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|
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|
(4) | Where a temporary event notice (the “original notice”) is given by the |
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premises user to the relevant licensing authority by means of a relevant |
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electronic facility as referred to in subsection (2)(a) or (3)(a)— |
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(a) | the licensing authority must give a copy of the original notice to |
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each relevant person no later than the end of the first working |
| 5 |
day after the day on which the original notice was given to the |
| |
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(b) | for the purposes of this Act, the copy is to be treated as if it were |
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(5) | In this section “event period” in relation to a temporary event notice |
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means the event period specified in the notice.”. |
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(5) | In section 102 (acknowledgement of notice), for subsection (3) substitute— |
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“(3) | Subsection (1) does not apply where, before the time by which |
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acknowledgement of the receipt of the notice must be given in |
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accordance with that subsection, a counter notice has been given to the |
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(a) | where the counter notice is in respect of a late temporary event |
| |
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(b) | where the counter notice is in respect of a standard temporary |
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event notice or a late temporary event notice, section 107.”. |
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(6) | In section 104 (objection to notice)— |
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(a) | omit subsections (1) and (1A), and |
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(b) | in subsection (3), for “a copy of the temporary event notice under |
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subsection (1) or (1A)” substitute “the temporary event notice”. |
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(7) | After section 104 insert— |
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“104A | Counter notice following objection to late notice |
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(1) | Where an objection notice is given under section 104(2) in respect of a |
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late temporary event notice, the relevant licensing authority must give |
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the premises user a counter notice under this section. |
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(2) | The counter notice must— |
| 30 |
(a) | be in the prescribed form, and |
| |
(b) | be given to the premises user in the prescribed manner. |
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(3) | The relevant licensing authority must, no later than 24 hours before the |
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beginning of the event period specified in the temporary event notice— |
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(a) | give the counter notice to the premises user, and |
| 35 |
(b) | give a copy of the counter notice to each relevant person.”. |
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(8) | In section 105 (counter notice following objection)— |
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(a) | in the title, after “objection” insert “to standard temporary event |
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(b) | in subsection (1), for “in respect of a” substitute “under section 104(2) in |
| 40 |
respect of a standard”, and |
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(9) | In section 106(1) (modification of notice following objection)— |
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(a) | in the title, for “notice” substitute “standard temporary event notice”, |
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|
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|
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|
(b) | in subsection (1), for “in respect of a” substitute “under section 104(2) in |
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respect of a standard”, and |
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(c) | in subsection (2), for “the notice returned to the premises user under |
| |
section 102” substitute “it”. |
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(10) | In section 107 (counter notice where permitted limits exceeded)— |
| 5 |
(a) | in subsection (2), for paragraph (b) substitute— |
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“(b) | has already given at least— |
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(i) | 50 temporary event notices, or |
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(ii) | ten late temporary event notices, |
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| in respect of event periods wholly or partly within the |
| 10 |
same year as the event period specified in notice A.”, |
| |
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(b) | in subsection (3), for paragraph (b) substitute— |
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“(b) | has already given at least— |
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(i) | five temporary event notices, or |
| 15 |
(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.”. |
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(11) | In section 194 (index of defined expressions)— |
| |
(a) | after the entry for the expression “late night refreshment” insert— |
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“late temporary event notice.................................... section |
| |
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(b) | after the entry for the expression “secretary, in Part 4” insert— |
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“standard temporary event notice.................................... section |
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(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 | Relaxation of time limits applying to temporary event notices |
| |
(1) | The Licensing Act 2003 is amended as set out in subsections (2) and (3). |
| 30 |
(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”. |
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(3) | In section 107(5) (counter notice where permitted limits exceeded), for “15 |
| |
days” substitute “21 days”. |
| 35 |
(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) | In section 102 of the Licensing Act 2003 (acknowledgement of notice)— |
| |
(a) | in subsection (1), for “(in duplicate) in accordance with this Part, it must |
| 40 |
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 |
| |
|
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|
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|
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(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. |
| |
117 | Temporary event notice: time for objection by police |
| |
(1) | In section 104(3) of the Licensing Act 2003 (objection to temporary event notice |
| 5 |
by police), for “second” substitute “third”. |
| |
(2) | The amendment made by this section applies in relation to temporary event |
| |
notices that are given on or after the commencement of this section. |
| |
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118 | Persistently selling alcohol to children |
| 10 |
(1) | The Licensing Act 2003 is amended as set out in subsections (2) and (3). |
| |
(2) | In section 147A(8) (fine for persistently selling alcohol to children), for |
| |
“£10,000” substitute “£20,000”. |
| |
(3) | In section 169A (closure notice for persistently selling alcohol to children)— |
| |
(a) | in subsection (2)(a), for “for a period not exceeding 48 hours” substitute |
| 15 |
“, for the period specified in the notice,”, and |
| |
(b) | in subsection (4), for “not more than 48 hours” substitute “at least 48 |
| |
hours but not more than 336 hours”. |
| |
(4) | The amendment made by subsection (2) of this section applies in relation to |
| |
offences that are committed on or after the commencement of that subsection. |
| 20 |
(5) | The amendments made by subsection (3) of this section apply in relation to |
| |
closure notices that are given on or after the commencement of that subsection |
| |
in relation to offences committed before, on or after that commencement. |
| |
Early morning alcohol restriction orders |
| |
119 | Early morning alcohol restriction orders |
| 25 |
(1) | The Licensing Act 2003 is amended as set out in subsections (2) and (3). |
| |
(2) | In section 7 (exercise and delegation of functions), in subsection (2), after |
| |
paragraph (a) (but before the final “or”) insert— |
| |
“(aa) | the functions of making, and varying or revoking, an order |
| |
under section 172A (early morning alcohol restriction order),”. |
| 30 |
(3) | For sections 172A to 172E (early morning alcohol restriction order), as inserted |
| |
by section 55 of the Crime and Security Act 2010, substitute— |
| |
“172A | Power to make early morning alcohol restriction order |
| |
(1) | If a licensing authority considers it appropriate for the promotion of the |
| |
licensing objectives, it may, subject as follows, make an order under this |
| 35 |
| |
(2) | An order under this section is an order providing that— |
| |
|
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|