Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
72

Temporary event notices
112
Temporary 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”
5
In this Part references to a “relevant person”, in relation to any
premises, are references to the following—
(a)
the chief officer of police for any police area in which the
premises are situated,
(b)
the local authority by which statutory functions are exercisable
10
in any area in which the premises are situated in relation to
minimising or preventing the risk of pollution of the
environment or of harm to human health.”.
(3)
In the cross-heading before section 104, for “Police objections” substitute
“Objections”.
15
(4)
In the title to section 104 (objection to notice), for “the police” substitute “a
relevant person”.
(5)
In 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
20
notice would undermine a licensing objective, the relevant person must
give a notice stating the reasons for being so satisfied (an “objection
notice”)—
(a)
to the relevant licensing authority,
(b)
to the premises user, and
25
(c)
to every other relevant person.”.
(6)
In section 104(3) (timing for objection), for “chief officer of police” substitute
“relevant person”.
(7)
In section 104(4) (timing for objection), for “relevant chief officer of police”
substitute “relevant person”.
30
(8)
Omit section 104(5) (definition of “relevant chief officer of police”).
(9)
In section 105 (counter notice following objection)—
(a)
in the title, omit “police”,
(b)
in subsection (2)(a), for “chief officer of police” substitute “relevant
person”,
35
(c)
in subsection (2)(b), for “the crime prevention objective” substitute “a
licensing objective”,
(d)
in 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”
40
substitute “each relevant person”.
(10)
In section 106 (modification of notice following objection)—
(a)
in the title, omit “police”,

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
73

(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
5
person”,
(d)
in subsection (4), for “chief officer of police” substitute “relevant
person”, and
(e)
omit subsection (5).
(11)
In section 107(11) (counter notice where permitted limits exceeded), for the
10
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—
“relevant person, in Part 5 ............................. section 99A”.
(13)
In Schedule 5 (appeals)—
15
(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
person”,
(c)
in paragraph 16(8), in the definition of “objection notice”, omit “and”,
20
(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)
The amendments made by this section apply in relation to temporary event
notices that are given on or after the commencement of this section.
25
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)
substitute—
“(a)
it is carried out in accordance with—
30
(i)
a notice given in accordance with section 100, and
(ii)
any conditions imposed under section 106A, and”.
(3)
After section 106 insert—
“106A
Conditions on standard temporary event notice following objection
(1)
This section applies where—
35
(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)
the relevant licensing authority has decided under section 105
not to give a counter notice under that section.
40
(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
licensing objectives to do so,

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
74

(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
5
of the licensable activities under the temporary event notice.
(3)
Where the authority decides to impose one or more conditions under
subsection (2)—
(a)
the authority must give the premises user notice of the decision,
(b)
the notice must be accompanied by a separate statement (the
10
“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
to each relevant party.
(4)
The notice and statement of conditions under subsection (3) must—
15
(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
period specified in the temporary event notice.
(5)
Where the premises are situated in the area of more than one licensing
20
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)
in the title, after “notice” insert “and statement of conditions”,
(b)
in subsection (2)(a), after “notice” insert “, together with a copy of any
25
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
statement of conditions given under section 106A(3) in respect of the
notice”,
30
(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
conditions”,
(f)
in subsection (5), after “produce the temporary event notice” insert “or
35
statement of conditions”,
(g)
in subsection (6), after “produce the temporary event notice” insert “or
statement of conditions”, and
(h)
in subsection (8), after “notice” insert “or statement of conditions”.
(5)
In section 110 (theft, loss, etc. of temporary event notice)—
40
(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
106A(3) is lost, stolen, damaged or destroyed, the premises user
may apply to the licensing authority which gave the statement
45
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”,

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
75

(e)
in 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
5
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (12).
(2)
In 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)—
10
(a)
in subsection (7), for paragraph (a) substitute—
“(a)
must 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.”.
15
(4)
After section 100 insert—
“100A
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
20
event notice”, or
(b)
subsection (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
25
period begins—
(a)
it 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
30
person.
(3)
A 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
35
no earlier than nine working days, before the day the event
period 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
40
each relevant person no later than five working days
before 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.
45

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
76

(4)
Where a temporary event notice (the “original notice”) is given by the
premises 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
5
day after the day on which the original notice was given to the
authority, and
(b)
for 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
10
means the event period specified in the notice.”.
(5)
In section 102 (acknowledgement of notice), for subsection (3) substitute—
“(3)
Subsection (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
15
premises user under—
(a)
where the counter notice is in respect of a late temporary event
notice, 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.”.
20
(6)
In section 104 (objection to notice)—
(a)
omit subsections (1) and (1A), and
(b)
in 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—
25
“104A
Counter notice following objection to late notice
(1)
Where an objection notice is given under section 104(2) in respect of a
late temporary event notice, the relevant licensing authority must give
the premises user a counter notice under this section.
(2)
The counter notice must—
30
(a)
be in the prescribed form, and
(b)
be given to the premises user in the prescribed manner.
(3)
The 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
35
(b)
give a copy of the counter notice to each relevant person.”.
(8)
In section 105 (counter notice following objection)—
(a)
in 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
40
respect of a standard”, and
(c)
omit subsection (7).
(9)
In section 106(1) (modification of notice following objection)—
(a)
in the title, for “notice” substitute “standard temporary event notice”,

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
77

(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
section 102” substitute “it”.
(10)
In section 107 (counter notice where permitted limits exceeded)—
5
(a)
in subsection (2), for paragraph (b) substitute—
“(b)
has already given at least—
(i)
50 temporary event notices, or
(ii)
ten late temporary event notices,

in respect of event periods wholly or partly within the
10
same year as the event period specified in notice A.”,
and
(b)
in subsection (3), for paragraph (b) substitute—
“(b)
has already given at least—
(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.”.
(11)
In section 194 (index of defined expressions)—
(a)
after the entry for the expression “late night refreshment” insert—
20
“late temporary event notice.................................... section
100A(1)(b)”, and
(b)
after the entry for the expression “secretary, in Part 4” insert—
“standard temporary event notice.................................... section
100A(1)(a)”.
25
(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”.
(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

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
78

(b)
omit 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.
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.
Underage sales
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
section.
(2)
An order under this section is an order providing that—