The Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005

Statutory Instruments

2005 No. 2918

LICENCES AND LICENSING

The Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005

Made

19th October 2005

Laid before Parliament

20th October 2005

Coming into force

10th November 2005

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 100(4) and (5), 102(2) and 107(7) of the Licensing Act 2003(1):

Citation and commencement

1.  These Regulations may be cited as the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005 and come into force on 10th November 2005.

Interpretation

2.  In these Regulations—

(a) “the Act” means the Licensing Act 2003;

(b) “appropriate address” in relation to a counter notice means—

(i) the postal address indicated in section 1(8) of the temporary event notice in respect of which the counter notice is given, or

(ii) if there is no such address the postal address indicated in section 1(6) of the notice;

(c) “appropriate e-mail address” in relation to a counter notice means—

(i) an e-mail address indicated in section 1(9) of the temporary event notice in respect of which the counter notice is given, or

(ii) if sections 1(8) and 1(9) of the notice have not been completed, an e-mail address indicated in section 1(7) of the notice;

(d) “copy” includes an electronic copy;

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

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

(g) “relevant premises user” has the same meaning as in section 107(1) of the Act;

(h) “signature” includes an electronic signature within the meaning of section 7 of the Electronic Communications Act 2000(2);

(i) “temporary event notice” has the same meaning as in section 100(1) of the Act.

Form of temporary event notice

3.—(1) The prescribed form for a temporary event notice is set out in Schedule 1.

(2) A matter appearing in, or required to be stated in the prescribed form in that Schedule (other than a matter mentioned in section 100(5)(a) to (e) of the Act) is a prescribed matter for the purposes of section 100(5) of the Act.

(3) Any other information appearing in, or required to be included in the prescribed form in that Schedule (other than information mentioned in section 100(4)(a) or (b) of the Act) is prescribed information for the purposes of section 100(4) of the Act.

Form of acknowledgement of receipt of temporary event notice

4.  The prescribed form for an acknowledgement of the receipt by a licensing authority of a temporary event notice is the signature of a person authorised to acknowledge such receipt on the authority’s behalf appearing in section 10 (entitled “Acknowledgement”) of the notice, or of a copy of the notice.

Form of counter notice

5.  The prescribed form for a counter notice is set out in Schedule 2.

Manner of giving counter notice

6.  A counter notice is given in the prescribed manner if it is—

(a) delivered to the relevant premises user in person;

(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.

Richard Caborn

Minister of State

Department for Culture, Media and Sport

19th October 2005

Regulation 3

SCHEDULE 1 PRESCRIBED FORM OF TEMPORARY EVENT NOTICE

Regulation 5

SCHEDULE 2 PRESCRIBED FORM OF COUNTER NOTICE

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the forms to be used for temporary event notices given by premises users under section 100 of the Licensing Act 2003 (c. 17), and the prescribed matters and information to be contained in such notices. They also prescribe the form for the acknowledgement of the receipt by a licensing authority of a temporary event notice.

In addition the Regulations prescribe the form to be used for counter notices given by licensing authorities under section 107 of the 2003 Act, and the manner in which a counter notice must be given to the premises user.

(1)

2003 c. 17. See the definitions of “prescribed” and “regulations” in section 193 of the Act.

(2)

2000 c. 7.