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Licensing Bill [HL]


Licensing Bill [HL]
Part 5 — Permitted temporary activities

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 100   Acknowledgement of notice

     (1)    Where a licensing authority receives a temporary event notice (in duplicate) in

accordance with this Part, it must acknowledge receipt of the notice by sending

or delivering one notice to the premises user—

           (a)           before the end of the first working day following the day on which it

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was received, or

           (b)           if the day on which it was received was not a working day, before the

end of the second working day following that day.

     (2)    The authority must mark on the notice to be returned under subsection (1) an

acknowledgement of the receipt in the prescribed form.

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     (3)    Subsection (1) does not apply where, before the time by which the notice must

be returned in accordance with that subsection, a counter notice has been sent

or delivered to the premises user under section 105 in relation to the temporary

event notice.

 101   Withdrawal of notice

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     (1)    A temporary event notice may be withdrawn by the premises user giving the

relevant licensing authority a notice to that effect no later than 24 hours before

the beginning of the event period specified in the temporary event notice.

     (2)    Nothing in section 100 or sections 102 to 105 applies in relation to a notice

withdrawn in accordance with this section.

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Police objections

 102   Objection to notice by the police

     (1)    The premises user must give a copy of any temporary event notice to the

relevant chief officer of police no later than ten working days before the day on

which the event period specified in the notice begins.

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     (2)    Where a chief officer of police who receives a copy notice under subsection (1)

is satisfied that allowing the premises to be used in accordance with the notice

would undermine the crime prevention objective, he must give a notice stating

the reasons why he is so satisfied (an “objection notice”)—

           (a)           to the relevant licensing authority, and

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           (b)           to the premises user.

     (3)    The objection notice must be given no later than 48 hours after the chief officer

of police is given a copy of the temporary event notice under subsection (1).

     (4)    Subsection (2) does not apply at any time after the relevant chief officer of

police has received a copy of a counter notice under section 105 in respect of

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the temporary event notice.

     (5)    In this section “relevant chief officer of police” means—

           (a)           where the premises are situated in one police area, the chief officer of

police for that area, and

           (b)           where the premises are situated in two or more police areas, the chief

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officer of police for each of those areas.

 

 

Licensing Bill [HL]
Part 5 — Permitted temporary activities

    58

 

 103   Counter notice following police objection

     (1)    This section applies where an objection notice is given in respect of a

temporary event notice.

     (2)    The relevant licensing authority must—

           (a)           hold a hearing to consider the objection notice, unless the premises

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user, the chief officer of police who gave the objection notice and the

authority agree that a hearing is unnecessary, and

           (b)           having regard to the objection notice, give the premises user a counter

notice under this section if it considers it necessary for the promotion of

the crime prevention objective to do so.

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     (3)    The relevant licensing authority must—

           (a)           in a case where it decides not to give a counter notice under this section,

give the premises user and the relevant chief officer of police notice of

the decision, and

           (b)           in any other case—

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                  (i)                 give the premises user the counter notice and a notice stating

the reasons for its decision, and

                  (ii)                give the relevant chief officer of police a copy of both of those

notices.

     (4)    A decision must be made under subsection (2)(b), and the requirements of

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subsection (3) must be met, at least 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

authority, the functions conferred on the relevant licensing authority by this

section must be exercised by those authorities jointly.

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     (6)    This section does not apply—

           (a)           if the objection notice has been withdrawn (whether by virtue of section

104 or otherwise), or

           (b)           if the premises user has been given a counter notice under section 105.

     (7)    In this section “objection notice” and “relevant chief officer of police” have the

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same meaning as in section 102.

 104   Modification of notice following police objection

     (1)    This section applies where a chief officer of police has given an objection notice

in respect of a temporary event notice (and the objection notice has not been

withdrawn).

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     (2)    At any time before a hearing is held or dispensed with under section 103(2), the

chief officer of police may, with the agreement of the premises user, modify the

temporary event notice by making changes to the notice returned to the

premises user under section 100.

     (3)    Where a temporary event notice is modified under subsection (2)—

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           (a)           the objection notice is to be treated for the purposes of this Act as

having been withdrawn from the time the temporary event notice is

modified, and

           (b)           from that time—

 

 

Licensing Bill [HL]
Part 5 — Permitted temporary activities

    59

 

                  (i)                 this Act has effect as if the temporary event notice given under

section 98 had been the notice as modified under that

subsection, and

                  (ii)                to the extent that the conditions of section 96 are satisfied in

relation to the unmodified notice they are to be treated as

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satisfied in relation to the notice as modified under that

subsection.

     (4)    A copy of the temporary event notice as modified under subsection (2) must be

sent or delivered by the chief officer of police to the relevant licensing authority

before a hearing is held or dispensed with under section 103(2).

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     (5)    Where the premises are situated in more than one police area, the chief officer

of police may modify the temporary event notice under this section only with

the consent of the chief officer of police for the other police area or each of the

other police areas in which the premises are situated.

     (6)    This section does not apply if a counter notice has been given under section

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105.

     (7)    In this section “objection notice” has the same meaning as in section 102(2).

Limits on temporary event notices

 105   Counter notice where permitted limits exceeded

     (1)    Where a licensing authority—

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           (a)           receives a temporary event notice (“notice A”) in respect of any

premises (“the relevant premises”), and

           (b)           is satisfied that subsection (2), (3) or (4) applies,

            the authority must give the premises user (“the relevant premises user”) a

counter notice under this section.

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     (2)    This subsection applies if the relevant premises user—

           (a)           holds a personal licence, and

           (b)           has already given at least 50 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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     (3)    This subsection applies if the relevant premises user—

           (a)           does not hold a personal licence, and

           (b)           has already given at least five temporary event notices in respect of

such event periods.

     (4)    This subsection applies if at least five temporary event notices have already

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been given which—

           (a)           are in respect of the whole or any part of the relevant premises, or

premises which include the whole or any part of those premises, and

           (b)           specify as the event period a period wholly or partly within the same

year as the event period specified in notice A.

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     (5)    If the event period in notice A straddles two years, subsections (2), (3) and (4)

apply separately in relation to each of those years.

     (6)    A counter notice under this section must be in the prescribed form and given

to the premises user in the prescribed manner.

 

 

Licensing Bill [HL]
Part 5 — Permitted temporary activities

    60

 

     (7)    No such counter notice may be given later than 24 hours before the beginning

of the event period specified in notice A.

     (8)    In determining whether subsection (2), (3) or (4) applies, any temporary event

notice in respect of which a counter notice has been given under this section or

section 103 is to be disregarded.

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     (9)    In determining for the purposes of subsection (2) or (3) the number of

temporary event notices given by the relevant premises user—

           (a)           a temporary event notice given by an individual who is an associate of

the relevant premises user is to be treated as a notice given by the

relevant premises user;

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           (b)           a temporary event notice (“notice B”) given by an individual who is in

business with the relevant premises user is to be treated as a notice

given by the relevant premises user if—

                  (i)                 that business relates to one or more licensable activities, and

                  (ii)                notice A and notice B relate to one or more licensable activities

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to which the business relates (but not necessarily the same

activity or activities).

     (10)   Where a licensing authority gives a counter notice under this section it must,

forthwith, send a copy of that notice to the chief officer of police for the police

area (or each of the police areas) in which the relevant premises are situated.

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     (11)   For the purposes of this section—

           (a)           “year” means calendar year; and

           (b)           subsections (3) and (4) of section 99 (meaning of “associate”) apply as

they apply for the purposes of that section.

Rights of entry, production of notice, etc.

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 106   Right of entry where temporary event notice given

     (1)    A constable or an authorised officer may, at any reasonable time, enter the

premises to which a temporary event notice relates to assess the likely effect of

the notice on the promotion of the crime prevention objective.

     (2)    An authorised officer exercising the power conferred by this section must, if so

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requested, produce evidence of his authority to exercise the power.

     (3)    A person commits an offence if he intentionally obstructs an authorised officer

exercising a power conferred by this section.

     (4)    A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

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     (5)    In this section “authorised officer” means—

           (a)           an officer of the licensing authority in whose area the premises are

situated, or

           (b)           if the premises are situated in the area of more than one licensing

authority, an officer of any of those authorities,

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            authorised for the purposes of this Act.

 

 

 
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