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Licensing Act 2003

Section 104 – Objection to notice by policeSection 105 -  Counter notice following police objection andSection 106 - Modification of notice following police objection

174.Section 104 provides that no later than ten working days before the beginning of the event period proposed in the temporary event notice, the premises user must give a copy of the notice to the chief officer of police in the relevant area. If the police are of the view that allowing the event to proceed would undermine the crime prevention objective, they must notify (an objection notice) the premises user and the relevant licensing authority, stating their reasons, no later than 48 hours after receipt of the copy of the notice.

175.Section 105 provides that, if the police object, the licensing authority must hold a hearing to consider the objection notice unless all parties agree that a hearing is unnecessary. If the authority accepts the police objection it must issue a counter-notice to the premises user in which case the event cannot proceed. If the authority does not accept the police objection it must inform the police. Any decision or counter-notice must be issued to the premises user at least 24 hours before the specified event period. A failure to do so will result in the premises user being able to proceed with the event.

176.Section 106 provides that, in cases where the police have given an objection notice, at any point between notification and the hearing the police and premises user may agree to modify the temporary event notice in order that it no longer undermines the promotion of the crime prevention objective. When temporary event notices are modified, the notice of objection by the police is withdrawn, and the modified temporary event notice has effect.

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