Citation and commencement

1.  These Regulations may be cited as the Licensing Act 2003 (Permitted Temporary Activities) (Notices) (Amendment) Regulations 2012 and come into force on 25th April 2012.

Permitted temporary activities: forms

2.  The Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005(3) are amended in accordance with regulations 3 to 6.

Interpretation

3.  For regulation 2 substitute—

“Interpretation

2.  In these Regulations—

“the Act” means the Licensing Act 2003;

“appropriate address” in relation to a counter notice (late temporary event notice), notice (conditions on a temporary event notice) or counter notice (permitted limits) means—

“appropriate e-mail address” in relation to a counter notice (late temporary event notice), notice (conditions on a temporary event notice) or counter notice (permitted limits) means—

“counter notice (late temporary event notice)” means a counter notice under section 104A of the Act;

“counter notice (permitted limits)” means a counter notice under section 107 of the Act;

“late temporary event notice” has the same meaning as in section 100A(1) of the Act;

“notice (conditions on a temporary event notice)” means a notice and statement of conditions under section 106A of the Act;

“ordinary post” means ordinary prepaid first-class or second-class post (with or without special arrangements for delivery).”.

Form of temporary event notice

4.  For the form in Schedule 1 substitute the form in Schedule 1 to these Regulations.

Form and manner of giving counter notices etc.

5.  Omit regulations 4 to 6 and Schedule 2.

6.  After regulation 3 add—

“Form of counter notice (objection to late temporary event notice)

4.  The prescribed form for a counter notice (late temporary event notice) is set out in Schedule 2.

Form of notice and statement of conditions

5.  The prescribed form for a notice (conditions on a temporary event notice) and statement of conditions is set out in Schedule 3.

Form of counter notice (where permitted limits exceeded)

6.  The prescribed form for a counter notice (permitted limits) is set out in Schedule 4.

Manner of giving counter notices or notice and conditions

7.  A counter notice (late temporary event notice), notice (conditions on a temporary event notice) or counter notice (permitted limits) is given in the prescribed manner if it is—

(a)delivered to the premises user;

(b)left at the appropriate address;

(c)sent to that address by ordinary post; or

(d)sent by e-mail to an appropriate e-mail address.”.

Regulation 4

SCHEDULE 1

Regulation 6

SCHEDULE 2PRESCRIBED FORM OF COUNTER NOTICE (LATE TEMPORARY EVENT NOTICE)

Regulation 6

SCHEDULE 3PRESCRIBED FORM OF NOTICE (CONDITIONS ON A TEMPORARY EVENT NOTICE) AND STATEMENT OF CONDITIONS

Regulation 6

SCHEDULE 4PRESCRIBED FORM OF COUNTER NOTICE (PERMITTED LIMITS)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005 (SI 2005/2918) (“the 2005 Regulations”) to give effect to certain amendments made to the Licensing Act 2003 (“the 2003 Act”) by the Police Reform and Social Responsibility Act 2011.

Part 5 of the 2003 Act sets out a framework under which a person (“the premises user”) can carry on licensable activities without having to obtain a premises licence or club premises certificate. The premises user may instead give a temporary event notice (“a TEN”) to the licensing authority which must include certain information (including, but not limited to, the proposed licensable activities, details of the premises and duration of the proposed event). A TEN is subject to a number of limits which apply by reference to any calendar year (including, but not limited to, the number of TENs which may be given by the premises user and the number which may be given in relation to the same premises). The amendments to Part 5 of the 2003 Act enable the police and local authority exercising environmental health functions to object to a TEN on the basis of any licensing objectives, the premises user to give a limited number of TENs no later than 5 working days before the event, the licensing authority to impose conditions on a TEN if the requirements set out in section 106A of the 2003 Act are met, and a TEN to authorise an activity to be carried on for a maximum period of 168 hours (7 days).

Regulation 3 replaces the interpretation provision in regulation 2 of the 2005 Regulations so as to bring the regulations into line with the amendments to the 2003 Act.

Regulation 4 replaces the form of TEN prescribed in Schedule 1 to the 2005 Regulations.

Regulations 5 and 6 omit regulations 4 to 6 of the 2005 Regulations and insert new regulations 4 to 7. Regulation 6 prescribes the form of the counter notice which the licensing authority may give to the premises user if the police or local authority exercising environmental health functions have objected to the TEN, the notice and statement of conditions which the licensing authority may give to the premises user if it decides that it is appropriate to impose conditions on the TEN, and the counter notice which the licensing authority may give to the premises user if the TEN exceeds one of the permitted limits.

Regulation 6 also prescribes the manner in which the licensing authority may give each of the notice or counter notices described above to the premises user.

An impact assessment has not been produced for this instrument as no impact on businesses, charities, voluntary bodies or the public sector is foreseen.