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97 The relevant licensing authority | |
In this Part references to the “relevant licensing authority”, in relation to any | |
premises, are references to— | |
(a) the licensing authority in whose area the premises are situated, or | |
(b) where the premises are situated in the areas of two or more licensing | 5 |
authorities, each of those authorities. | |
Temporary event notices | |
98 Temporary event notice | |
(1) Where it is proposed to use premises for one or more licensable activities | |
during a period not exceeding 72 hours, an individual may give to the relevant | 10 |
licensing authority notice of that proposal (a “temporary event notice”). | |
(2) In this Act, the “premises user”, in relation to a temporary event notice, is the | |
individual who gave the notice. | |
(3) An individual may not give a temporary event notice unless he is aged 18 or | |
over. | 15 |
(4) A temporary event notice must be in the prescribed form and contain— | |
(a) a statement of the matters mentioned in subsection (5), | |
(b) where subsection (6) applies, a statement of the condition mentioned in | |
that subsection, and | |
(c) such other information as may be prescribed. | 20 |
(5) Those matters are— | |
(a) the licensable activities to which the proposal mentioned in subsection | |
(1) relates (“the relevant licensable activities”), | |
(b) the period (not exceeding 72 hours) during which it is proposed to use | |
the premises for those activities (“the event period”), | 25 |
(c) the times during the event period when the premises user proposes that | |
those licensable activities shall take place, | |
(d) the maximum number of persons (being a number less than 500) which | |
the premises user proposes should, during those times, be allowed on | |
the premises at the same time, | 30 |
(e) where the relevant licensable activities include the supply of alcohol, | |
whether supplies are proposed to be for consumption on the premises | |
or off the premises, or both, and | |
(f) such other matters as may be prescribed. | |
(6) Where the relevant licensable activities include the supply of alcohol, the | 35 |
notice must make it a condition of using the premises for such supplies that all | |
such supplies are made by or under the authority of the premises user. | |
(7) The temporary event notice— | |
(a) must be given to the relevant licensing authority (in duplicate) no later | |
than ten working days before the day on which the event period begins, | 40 |
and | |
(b) must be accompanied by the prescribed fee. | |
(8) In this section “supply of alcohol” means— | |
(a) the sale by retail of alcohol, or | |
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(b) the supply of alcohol by or on behalf of a club to, or to the order of, a | |
member of the club. | |
99 Minimum of 24 hours between event periods | |
(1) A temporary event notice (“notice A”) given by an individual (“the relevant | |
premises user”) is void if the event period specified in it does not— | 5 |
(a) end at least 24 hours before the event period specified in any other | |
temporary event notice given by the relevant premises user in respect | |
of the same premises before or at the same time as notice A, or | |
(b) begin at least 24 hours after the event period specified in any other such | |
notice. | 10 |
(2) For the purposes of subsection (1)— | |
(a) any temporary event notice in respect of which a counter notice has | |
been given under this Part or which has been withdrawn under section | |
101 is to be disregarded; | |
(b) a temporary event notice given by an individual who is an associate of | 15 |
the relevant premises user is to be treated as a notice given by the | |
relevant premises user; | |
(c) 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— | 20 |
(i) that business relates to one or more licensable activities, and | |
(ii) notice A and notice B relate to one or more licensable activities | |
to which the business relates (although not necessarily the same | |
activity or activities); | |
(d) two temporary event notices are in respect of the same premises if the | 25 |
whole or any part of the premises in respect of which one of the notices | |
is given includes or forms part of the premises in respect of which the | |
other notice is given. | |
(3) For the purposes of this section an individual is an associate of another person | |
if he is— | 30 |
(a) the spouse of that person, | |
(b) a child, parent, grandchild, grandparent, brother or sister of that | |
person, | |
(c) an agent or employee of that person, or | |
(d) the spouse of a person within paragraph (b) or (c). | 35 |
(4) For the purposes of subsection (3) a person living with another as that person’s | |
husband or wife is to be treated as that person’s spouse. | |
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 | 40 |
or delivering one notice to the premises user— | |
(a) before the end of the first working day following the day on which it | |
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. | 45 |
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(2) The authority must mark on the notice to be returned under subsection (1) an | |
acknowledgement of the receipt in the prescribed form. | |
(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 | 5 |
event notice. | |
101 Withdrawal of notice | |
(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. | 10 |
(2) Nothing in section 100 or sections 102 to 105 applies in relation to a notice | |
withdrawn in accordance with this section. | |
Police objections | |
102 Objection to notice by the police | |
(1) The premises user must give a copy of any temporary event notice to the | 15 |
relevant chief officer of police no later than ten working days before the day on | |
which the event period specified in the notice begins. | |
(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 | 20 |
the reasons why he is so satisfied (an “objection notice”)— | |
(a) to the relevant licensing authority, and | |
(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). | 25 |
(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 | |
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 | 30 |
police for that area, and | |
(b) where the premises are situated in two or more police areas, the chief | |
officer of police for each of those areas. | |
103 Counter notice following police objection | |
(1) This section applies where an objection notice is given in respect of a | 35 |
temporary event notice. | |
(2) The relevant licensing authority must— | |
(a) hold a hearing to consider the objection notice, unless the premises | |
user, the chief officer of police who gave the objection notice and the | |
authority agree that a hearing is unnecessary, and | 40 |
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(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. | |
(3) The relevant licensing authority must— | |
(a) in a case where it decides not to give a counter notice under this section, | 5 |
give the premises user and the relevant chief officer of police notice of | |
the decision, and | |
(b) in any other case— | |
(i) give the premises user the counter notice and a notice stating | |
the reasons for its decision, and | 10 |
(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 | |
subsection (3) must be met, at least 24 hours before the beginning of the event | |
period specified in the temporary event notice. | 15 |
(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. | |
(6) This section does not apply— | |
(a) if the objection notice has been withdrawn (whether by virtue of section | 20 |
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 | |
same meaning as in section 102. | |
104 Modification of notice following police objection | 25 |
(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). | |
(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 | 30 |
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)— | |
(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 | 35 |
modified, and | |
(b) from that time— | |
(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 | 40 |
(ii) to the extent that the conditions of section 96 are satisfied in | |
relation to the unmodified notice they are to be treated as | |
satisfied in relation to the notice as modified under that | |
subsection. | |
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(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). | |
(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 | 5 |
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 | |
105. | |
(7) In this section “objection notice” has the same meaning as in section 102(2). | 10 |
Limits on temporary event notices | |
105 Counter notice where permitted limits exceeded | |
(1) Where a licensing authority— | |
(a) receives a temporary event notice (“notice A”) in respect of any | |
premises (“the relevant premises”), and | 15 |
(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. | |
(2) This subsection applies if the relevant premises user— | |
(a) holds a personal licence, and | 20 |
(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. | |
(3) This subsection applies if the relevant premises user— | |
(a) does not hold a personal licence, and | 25 |
(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 | |
been given which— | |
(a) are in respect of the whole or any part of the relevant premises, or | 30 |
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. | |
(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. | 35 |
(6) A counter notice under this section must be in the prescribed form and given | |
to the premises user in the prescribed manner. | |
(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 | 40 |
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; | 5 |
(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 | 10 |
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. | 15 |
(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. | 20 |
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 | 25 |
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. | 30 |
(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, | 35 |
authorised for the purposes of this Act. | |
107 Duty to keep and produce temporary event notice | |
(1) This section applies whenever premises are being used for one or more | |
licensable activities which are or are purported to be permitted temporary | |
activities by virtue of this Part. | 40 |
(2) The premises user must either— | |
(a) secure that a copy of the temporary event notice is prominently | |
displayed at the premises, or | |
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(b) meet the requirements of subsection (3) | |
(3) The requirements of this subsection are that the premises user must— | |
(a) secure that the temporary event notice is kept at the premises in— | |
(i) his custody, or | |
(ii) in the custody of a person who is present and working at the | 5 |
premises and whom he has nominated for the purposes of this | |
section, and | |
(b) where the temporary event notice is in the custody of a person so | |
nominated, secure that a notice specifying that fact and the position | |
held at the premises by that person is prominently displayed at the | 10 |
premises. | |
(4) The premises user commits an offence if he fails, without reasonable excuse, to | |
comply with subsection (2). | |
(5) Where— | |
(a) the temporary event notice is not displayed as mentioned in subsection | 15 |
(2)(a), and | |
(b) no notice is displayed as mentioned in subsection (3)(b), | |
a constable or authorised officer may require the premises user to produce the | |
temporary event notice for examination. | |
(6) Where a notice is displayed as mentioned in subsection (3)(b), a constable or | 20 |
authorised officer may require the person specified in that notice to produce | |
the temporary event notice for examination. | |
(7) An authorised officer exercising the power conferred by subsection (5) or (6) | |
must, if so requested, produce evidence of his authority to exercise the power. | |
(8) A person commits an offence if he fails, without reasonable excuse, to produce | 25 |
a temporary event notice in accordance with a requirement under subsection | |
(5) or (6). | |
(9) 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. | |
(10) In this section “authorised officer” has the meaning given in section 106(5). | 30 |
Miscellaneous | |
108 Theft, loss, etc. of temporary event notice | |
(1) Where a temporary event notice acknowledged under section 100 is lost, | |
stolen, damaged or destroyed, the premises user may apply to the licensing | |
authority which acknowledged the notice (or, if there is more than one such | 35 |
authority, any of them) for a copy of the notice. | |
(2) No application may be made under this section more than one month after the | |
end of the event period specified in the notice. | |
(3) The application must be accompanied by the prescribed fee. | |
(4) Where a licensing authority receives an application under this section, it must | 40 |
issue the premises user with a copy of the notice (certified by the authority to | |
be a true copy) if it is satisfied that— | |
(a) the notice has been lost, stolen, damaged or destroyed, and | |
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