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Licensing Act 2003
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- 2003 c. 17
- Part 5
- Rights of entry, production of notice, etc.
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- Act modified by S.I. 2007/1118 art. 6
- Act modified by S.I. 2008/2867 reg. 12(1)(a)(ii)
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 55A applied (with modifications) by 2011 c. 13 s. 129(6)(a)
- s. 55A inserted by 2011 c. 13 s. 120(3)
- s. 92A applied (with modifications) by 2011 c. 13 s. 129(6)(b)
- s. 92A inserted by 2011 c. 13 s. 120(5)
- s. 99A inserted by 2011 c. 13 s. 112(2)
- s. 100A inserted by 2011 c. 13 s. 114(4)
- s. 104A inserted by 2011 c. 13 s. 114(7)
- s. 106A inserted by 2011 c. 13 s. 113(3)
- s. 169A-169B inserted by 2006 c. 38 s. 24(1)
- s. 169A(2)(a) words substituted by 2011 c. 13 s. 118(3)(a)
- s. 169A(4) words substituted by 2011 c. 13 s. 118(3)(b)
- s. 177A inserted by 2012 c. 2 s. 1(2)
- s. 197A 197B inserted by 2011 c. 13 s. 121(2)
Commencement Orders yet to be applied to the Licensing Act 2003:
Commencement Orders
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/1911 art. 2 commences (2003 c. 17)
- S.I. 2003/2100 art. 2 commences (2003 c. 17)
- S.I. 2003/3222 art. 2 commences (2003 c. 17)
- S.I. 2004/1738 art. 2 commences (2003 c. 17)
- S.I. 2004/2360 art. 2 Sch. commences (2003 c. 17)
- S.I. 2005/2090 art. 2 Sch. commences (2003 c. 17)
- S.I. 2005/2091 art. 2 commences (2003 c. 17)
- S.I. 2005/3056 art. 2 3 commences (2003 c. 17)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2004/2304 art. 2 commences (2004 c. 21)
- S.I. 2004/2917 art. 2 commences (2004 c. 21)
- S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/3200 art. 2 commences (2006 c. 35)
- S.I. 2006/3272 art. 2 Sch. 1-3 commences (2005 c. 19)
- S.I. 2007/858 art. 2 3 commences (2006 c. 38)
- S.I. 2007/1157 art. 2-12 Sch. 1 2 amendment to earlier commencing SI 2006/3272
- S.I. 2007/1897 art. 2 commences (2005 c. 9)
- S.I. 2007/2169 art. 2 amendment to earlier commencing SI 2006/3272
- S.I. 2007/2180 art. 2-4 commences (2006 c. 38)
- S.I. 2007/3155 art. 2 commences (2005 c. 19)
- S.I. 2008/3267 art. 2 commences (2006 c. 50)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/2648 art. 3 amendment to earlier commencing SI 2008/3267
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
- S.I. 2010/125 art. 2-4 commences (2009 c. 26)
- S.I. 2010/722 art. 3 commences (2009 c. 26)
- S.I. 2010/999 art. 2-4 commences (2009 c. 26)
- S.I. 2010/1375 art. 2 3 commences (2009 c. 26)
- S.I. 2010/1942 art. 2 amendment to earlier commencing SI 2008/3267
- S.I. 2011/1725 Sch. para. 6 amendment to earlier commencing SI 2008/3267
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
Rights of entry, production of notice, etc.E+W
108Right of entry where temporary event notice givenE+W
(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 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.
(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,
authorised for the purposes of this Act.
109Duty to keep and produce temporary event noticeE+W
(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.
(2)The premises user must either—
(a)secure that a copy of the temporary event notice is prominently displayed at the premises, or
(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 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 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 (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 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 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 108(5).
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