Police Reform and Social Responsibility Bill

Session 2010 - 11
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Police Reform and Social Responsibility Bill

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

(f)
in subsection (5), after “produce the temporary event notice” insert “or
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
(5)
In section 110 (theft, loss, etc. of temporary event notice)—
(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
10
may apply to the licensing authority which gave the statement
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”,
(e)
in subsection (5), after “notice” insert “or statement”, and
15
(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.
115
Temporary event notices: late notices
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (12).
20
(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)—
(a)
in subsection (7), for paragraph (a) substitute—
25
“(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.”.
(4)
After section 100 insert—
30
“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
event notice”, or
35
(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
period begins—
40
(a)
it is given to the relevant licensing authority by means of a
relevant electronic facility, or

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

(b)
it is given to the relevant licensing authority (otherwise than by
means of a relevant electronic facility) and to each relevant
person.
(3)
A temporary event notice is given in accordance with this subsection
if—
5
(a)
it is given to the relevant licensing authority by means of a
relevant electronic facility no later than five working days, but
no earlier than nine working days, before the day the event
period begins, or
(b)
both of the following are satisfied—
10
(i)
it is given to the relevant licensing authority (otherwise
than by means of a relevant electronic facility) and to
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
15
nine working days before the day on which that event
period begins.
(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)—
20
(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
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
25
the original notice.
(5)
In this section “event period” in relation to a temporary event notice
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
30
acknowledgement of the receipt of the notice must be given in
accordance with that subsection, a counter notice has been given to the
premises user under—
(a)
where the counter notice is in respect of a late temporary event
notice, section 104A, or
35
(b)
where the counter notice is in respect of a standard temporary
event notice or a late temporary event notice, section 107.”.
(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
40
subsection (1) or (1A)” substitute “the temporary event notice”.
(7)
After section 104 insert—
“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
45
the premises user a counter notice under this section.
(2)
The counter notice must—

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

(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
5
(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
10
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”,
(b)
in subsection (1), for “in respect of a” substitute “under section 104(2) in
15
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)—
(a)
in subsection (2), for paragraph (b) substitute—
20
“(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
same year as the event period specified in notice A.”,
25
and
(b)
in subsection (3), for paragraph (b) substitute—
“(b)
has already given at least—
(i)
five temporary event notices, or
(ii)
two late temporary event notices,
30

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—
“late temporary event notice.................................... section
35
100A(1)(b)”, and
(b)
after the entry for the expression “secretary, in Part 4” insert—
“standard temporary event notice.................................... section
100A(1)(a)”.
(12)
In paragraph 16(1)(a) of Schedule 5 (appeals), after “a” insert “standard”.
40
(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.
116
Relaxation of time limits applying to temporary event notices
(1)
The Licensing Act 2003 is amended as set out in subsections (2) and (3).

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

(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”.
5
(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.
117
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
10
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
(b)
omit subsection (2).
(2)
The amendments made by this section apply in relation to temporary event
15
notices that are given on or after the commencement of this section.
118
Temporary event notice: time for objection to notice
(1)
In section 104(3) of the Licensing Act 2003 (objection to temporary event notice
by police), for “second” substitute “third”.
(2)
The amendment made by this section applies in relation to temporary event
20
notices that are given on or after the commencement of this section.
Underage sales
119
Persistently selling alcohol to children
(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
25
“£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
“, for the period specified in the notice,”, and
(b)
in subsection (4), for “not more than 48 hours” substitute “at least 48
30
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.
(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
35
in relation to offences committed before, on or after that commencement.