Section 113: Temporary event notices: conditions
333.This section enables a licensing authority to impose conditions on a temporary event notice if it considers that this promotes the licensing objectives. A licensing authority can only impose such conditions if an objection has been made by at least one relevant person (and the licensing authority considers that permitting the event to proceed would promote the licensing objectives), and at least a part of the premises in relation to which the temporary event notice is given is already subject to a premises licence or club premises certificate. Any such conditions must be consistent with the activity authorised by the temporary event notice and existing conditions attaching to the subsisting licence or certificate.
334.Subsections (2) to (5) amend sections 98, 109 and 110 of the Licensing Act 2003 and insert section 106A into the Act. This has the effect that a permitted temporary activity must be carried on in accordance with both the existing requirements imposed under section 100 of the Act and any conditions imposed on a temporary event notice by a licensing authority under section 106A. A licensing authority, if it decides to impose one or more conditions on the temporary event notice under section 106A, must give the premises user a notice of the decision and a separate statement (the ‘statement of conditions’) that sets out the conditions imposed on the temporary event notice and give a copy of the notice and statement to each relevant person. This section makes a number of amendments to the existing process to facilitate the introduction of a licensing authority’s power to impose conditions.
335.Subsection (6) makes provision for the application of these amendments.
