Part 9

Temporary Use of Premises

Temporary use notice

Maximum permitted period
218
1
A set of premises may not be the subject of temporary use notification for more than 21 days in a period of 12 months.
2
A set of premises may be the subject of more than one temporary use notice in a period of 12 months (provided that the aggregate of the periods for which the notices have effect does not exceed 21 days).
3
If a temporary use notice is given to a licensing authority and subsection (1) would be contravened if the notice had effect for any part of the period specified in accordance with section 216(1)(d), the licensing authority shall give a counter-notice providing for the temporary use notice not to have effect.
4
Subsections (5) and (6) apply where a temporary use notice is given to a licensing authority and—
a
subsection (1) would be contravened if the notice had effect for the whole of the period specified in accordance with section 216(1)(d) (“the specified period”), but
b
the notice could have effect for some part of the specified period without resulting in contravention of subsection (1).
5
The licensing authority shall give a counter-notice providing that the temporary use notice—
a
shall not have effect during such part of the specified period as the licensing authority may specify in the counter-notice (“the excluded period”), and
b
shall be treated for the purposes of this Part as if it related only to the non-excluded period.
6
Where there is a choice as to which part of the specified period to exclude under subsection (5), the licensing authority shall consult the person who gave the temporary use notice before giving a counter-notice by virtue of that subsection.
7
A counter-notice under this section shall have effect; and subsections (4) and (6) of section 224 shall apply in relation to a counter-notice given under this section as they apply in relation to a counter-notice given under that section.
8
For the purposes of this section a set of premises is the subject of temporary use notification (or of a notice) if any part of the premises is the subject of temporary use notification (or of a notice).
S. 218 in force at 1.12.2007 by S.I. 2007/3155, art. 2