Licensing Act 2003 (c. 17)

(The document as of February, 2008)

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(d) to withdraw the certificate;

and for this purpose the conditions of the certificate are modified if any of them is altered or omitted or any new condition is added.

(5) Subsection (3) is subject to sections 73 and 74 (mandatory conditions relating to supply of alcohol for consumption off the premises and to exhibition of films).

(6) Where the authority takes a step within subsection (4)(a) or (b), it may provide that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify.

(7) In this section "relevant representations" means representations which--

(a) are relevant to one or more of the licensing objectives, and

(b) meet the requirements of subsection (8).

(8) The requirements are--

(a) that the representations are made by the club, a responsible authority or an interested party within the period prescribed under section 87(3)(c),

(b) that they have not been withdrawn, and

(c) if they are made by an interested party (who is not also a responsible authority), that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(9) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must give the person who made them its reasons for that determination.

(10) Where a licensing authority determines an application for review under this section it must notify the determination and its reasons for making it to--

(a) the club,

(b) the applicant,

(d) the chief officer of police for the police area (or each police area) in which the premises are situated.

(11) A determination under this section does not have effect--

(a) until the end of the period given for appealing against the decision, or

(b) if the decision is appealed against, until the appeal is disposed of.

89 Supplementary provision about review

(1) This section applies where a local authority is both--

(a) the relevant licensing authority, and

(b) a responsible authority,

in respect of any premises.

(2) The authority may, in its capacity as responsible authority, apply under section 87 for a review of any club premises certificate in respect of the premises.

(3) The authority may in its capacity as licensing authority determine that application.

Withdrawal of certificates

90 Club ceasing to be a qualifying club

(1) Where--

(a) a club holds a club premises certificate, and

(b) it appears to the relevant licensing authority that the club does not satisfy the conditions for being a qualifying club in relation to a qualifying club activity to which the certificate relates (see section 61),

the authority must give a notice to the club withdrawing the certificate, so far as relating to that activity.

(2) Where the only reason that the club does not satisfy the conditions for being a qualifying club in relation to the activity in question is that the club has fewer than the required number of members, the notice withdrawing the certificate must state that the withdrawal--

(a) does not take effect until immediately after the end of the period of three months following the date of the notice, and

(b) will not take effect if, at the end of that period, the club again has at least the required number of members.

(3) The references in subsection (2) to the required number of members are references to the minimum number of members required by condition 4 in section 62(5) (25 at the passing of this Act).

(4) Nothing in subsection (2) prevents the giving of a further notice of withdrawal under this section at any time.

(5) Where a justice of the peace is satisfied, on information on oath, that there are reasonable grounds for believing--

(a) that a club which holds a club premises certificate does not satisfy the conditions for being a qualifying club in relation to a qualifying club activity to which the certificate relates, and

(b) that evidence of that fact is to be obtained at the premises to which the certificate relates,

he may issue a warrant authorising a constable to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant, and search them.

(6) A person who enters premises under the authority of a warrant under subsection (5) may seize and remove any documents relating to the business of the club in question.

General provision

91 Form etc. of applications and notices under Part 4

In relation to any application or notice under this Part, regulations may prescribe--

(a) its form;

(b) the manner in which it is to be made or given;

92 Fees

(1) Regulations may--

(a) require applications under any provision of this Part (other than section 87) to be accompanied by a fee, and

(b) prescribe the amount of the fee.

(2) Regulations may also require the payment of an annual fee to the relevant licensing authority by or on behalf of a club which holds a club premises certificate.

(3) Regulations under subsection (2) may include provision--

(a) imposing liability for the making of the payment on the secretary or such other officers or members of the club as may be prescribed,

(b) prescribing the amount of any such fee, and

(4) Any fee which is owed to a licensing authority under subsection (2) may be recovered as a debt due to the authority from any person liable to make the payment by virtue of subsection (3)(a).

Production of certificate, rights of entry, etc.

93 Licensing authority's duty to update club premises certificate

(1) Where--

(a) the relevant licensing authority, in relation to a club premises certificate, makes a determination or receives a notice under this Part, or

(b) an appeal against a decision under this Part is disposed of,

the relevant licensing authority must make the appropriate amendments (if any) to the certificate and, if necessary, issue a new summary of the certificate.

(2) Where a licensing authority is not in possession of the club premises certificate, it may, for the purpose of discharging its obligations under subsection (1), require the secretary of the club to produce the certificate to the authority within 14 days from the date on which the club is notified of the requirement.

(3) A person commits an offence if he fails, without reasonable excuse, to comply with a requirement under subsection (2).

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

94 Duty to keep and produce certificate

(1) This section applies whenever premises in respect of which a club premises certificate has effect are being used for one or more qualifying club activities authorised by the certificate.

(2) The secretary of the club must secure that the certificate, or a certified copy of it, is kept at the premises in the custody or under the control of a person (the "nominated person") who--

(a) falls within subsection (3),

(b) has been nominated for the purpose by the secretary in writing, and

(3) The persons who fall within this subsection are--

(a) the secretary of the club,

(b) any member of the club,

(4) The nominated person must secure that--

(a) the summary of the certificate or a certified copy of that summary, and

(b) a notice specifying the position which he holds at the premises,

are prominently displayed at the premises.

(5) The secretary commits an offence if he fails, without reasonable excuse, to comply with subsection (2).

(6) The nominated person commits an offence if he fails, without reasonable excuse, to comply with subsection (4).

(7) A constable or an authorised person may require the nominated person to produce the club premises certificate (or certified copy) for examination.

(8) An authorised person exercising the power conferred by subsection (7) must, if so requested, produce evidence of his authority to exercise the power.

(9) A person commits an offence if he fails, without reasonable excuse, to produce a club premises certificate or certified copy of a club premises certificate in accordance with a requirement under subsection (7).

(10) 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.

(11) In subsection (4) the reference to the summary of the certificate is a reference to the summary issued under section 77 or, where one or more summaries have subsequently been issued under section 93, the most recent summary to be so issued.

(12) Section 95 makes provision about certified copies of club premises certificates and of summaries of club premises certificates for the purposes of this section.

95 Provision supplementary to section 94

(1) Any reference in section 94 to a certified copy of a document is a reference to a copy of the document which is certified to be a true copy by--

(a) the relevant licensing authority,

(b) a solicitor or notary, or

(2) Any certified copy produced in accordance with a requirement under subsection 94(7) must be a copy of the document in the form in which it exists at the time.

(3) A document which purports to be a certified copy of a document is to be taken to be such a copy, and to comply with the requirements of subsection (2), unless the contrary is shown.

96 Inspection of premises before grant of certificate etc.

(1) Subsection (2) applies where--

(a) a club applies for a club premises certificate in respect of any premises,

(b) a club applies under section 84 for the variation of a club premises certificate held by it, or

(2) On production of his authority--

(a) an authorised person, or

(b) a constable authorised by the chief officer of police,

may enter and inspect the premises.

(3) Any entry and inspection under this section must take place at a reasonable time on a day--

(a) which is not more than 14 days after the making of the application in question, and

(b) which is specified in the notice required by subsection (4).

(4) Before an authorised person or constable enters and inspects any premises under this section, at least 48 hours' notice must be given to the club.

(5) Any person obstructing an authorised person in the exercise of the power conferred by this section commits an offence.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) The relevant licensing authority may, on the application of a responsible authority, extend by not more than 7 days the time allowed for carrying out an entry and inspection under this section.

(8) The relevant licensing authority may allow such an extension of time only if it appears to the authority that--

(a) reasonable steps had been taken for an authorised person or constable authorised by the applicant to inspect the premises in good time, but

(b) it was not possible for the inspection to take place within the time allowed.

97 Other powers of entry and search

(1) Where a club premises certificate has effect in respect of any premises, a constable may enter and search the premises if he has reasonable cause to believe--

(a) that an offence under section 4(3)(a), (b) or (c) of the Misuse of Drugs Act 1971 (c. 38) (supplying or offering to supply, or being concerned in supplying or making an offer to supply, a controlled drug) has been, is being, or is about to be, committed there, or

(b) that there is likely to be a breach of the peace there.

(2) A constable exercising any power conferred by this section may, if necessary, use reasonable force.

Part 5 Permitted temporary activities

Introductory

98 Meaning of "permitted temporary activity"

(1) A licensable activity is a permitted temporary activity by virtue of this Part if--

(a) it is carried on in accordance with a notice given in accordance with section 100, and

(b) the following conditions are satisfied.

(2) The first condition is that the requirements of sections 102 (acknowledgement of notice) and 104(1) (notification of police) are met in relation to the notice.

(3) The second condition is that the notice has not been withdrawn under this Part.

(4) The third condition is that no counter notice has been given under this Part in respect of the notice.

99 The relevant licensing authority

In this Part references to the "relevant licensing authority", in relation to any premises, are references to--

(a) the licensing authority in whose area the premises are situated, or

(b) where the premises are situated in the areas of two or more licensing authorities, each of those authorities.

Temporary event notices

100 Temporary event notice

(1) Where it is proposed to use premises for one or more licensable activities during a period not exceeding 96 hours, an individual may give to the relevant licensing authority notice of that proposal (a "temporary event notice").

(2) In this Act, the "premises user", in relation to a temporary event notice, is the individual who gave the notice.

(3) An individual may not give a temporary event notice unless he is aged 18 or over.

(4) A temporary event notice must be in the prescribed form and contain--

(a) a statement of the matters mentioned in subsection (5),

(b) where subsection (6) applies, a statement of the condition mentioned in that subsection, and

(5) Those matters are--

(a) the licensable activities to which the proposal mentioned in subsection (1) relates ("the relevant licensable activities"),

(b) the period (not exceeding 96 hours) during which it is proposed to use the premises for those activities ("the event period"),

(d) the maximum number of persons (being a number less than 500) which the premises user proposes should, during those times, be allowed on the premises at the same time,

(e) where the relevant licensable activities include the supply of alcohol, whether supplies are proposed to be for consumption on the premises or off the premises, or both, and

(f) such other matters as may be prescribed.

(6) Where the relevant licensable activities include the supply of alcohol, the notice must make it a condition of using the premises for such supplies that all such supplies are made by or under the authority of the premises user.

(7) The temporary event notice--

(a) must be given to the relevant licensing authority (in duplicate) no later than ten working days before the day on which the event period begins, and

(b) must be accompanied by the prescribed fee.

(8) The Secretary of State may, by order--

(a) amend subsections (1) and (5)(b) so as to substitute any period for the period for the time being specified there;

(b) amend subsection (5)(d) so as to substitute any number for the number for the time being specified there.

(9) In this section "supply of alcohol" means--

(a) the sale by retail of alcohol, or

(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

101 Minimum of 24 hours between event periods

(1) A temporary event notice ("notice A") given by an individual ("the relevant premises user") is void if the event period specified in it does not--

(a) end at least 24 hours before the event period specified in any other temporary event notice given by the relevant premises user in respect of the same premises before or at the same time as notice A, or

(b) begin at least 24 hours after the event period specified in any other such notice.

(2) For the purposes of subsection (1)--

(a) any temporary event notice in respect of which a counter notice has been given under this Part or which has been withdrawn under section 103 is to be disregarded;

(b) a temporary event notice given by an individual who is an associate of the relevant premises user is to be treated as a notice given by the relevant premises user;

(c) a temporary event notice ("notice B") given by an individual who is in business with the relevant premises user is to be treated as a notice given by the relevant premises user if--

(i) that business relates to one or more licensable activities, and

(ii) notice A and notice B relate to one or more licensable activities to which the business relates (although not necessarily the same activity or activities);

(d) two temporary event notices are in respect of the same premises if the whole or any part of the premises in respect of which one of the notices is given includes or forms part of the premises in respect of which the other notice is given.

(3) For the purposes of this section an individual is an associate of another person if that individual is--

(a) the spouse of that person,

(b) a child, parent, grandchild, grandparent, brother or sister of that person,

(d) the spouse of a person within paragraph (b) or (c).

(4) For the purposes of subsection (3) a person living with another as that person's husband or wife is to be treated as that person's spouse.

102 Acknowledgement of notice

(1) Where a licensing authority receives a temporary event notice (in duplicate) in accordance with this Part, it must acknowledge receipt of the notice by sending or delivering one notice to the premises user--

(a) before the end of the first working day following the day on which it was received, or

(b) if the day on which it was received was not a working day, before the end of the second working day following that day.

(2) The authority must mark on the notice to be returned under subsection (1) an acknowledgement of the receipt in the prescribed form.

(3) Subsection (1) does not apply where, before the time by which the notice must be returned in accordance with that subsection, a counter notice has been sent or delivered to the premises user under section 107 in relation to the temporary event notice.

103 Withdrawal of notice

(1) A temporary event notice may be withdrawn by the premises user giving the relevant licensing authority a notice to that effect no later than 24 hours before the beginning of the event period specified in the temporary event notice.

(2) Nothing in section 102 or sections 104 to 107 applies in relation to a notice withdrawn in accordance with this section.

Police objections

104 Objection to notice by the police

(1) The premises user must give a copy of any temporary event notice to the relevant chief officer of police no later than ten working days before the day on which the event period specified in the notice begins.

(2) Where a chief officer of police who receives a copy notice under subsection (1) is satisfied that allowing the premises to be used in accordance with the notice would undermine the crime prevention objective, he must give a notice stating the reasons why he is so satisfied (an "objection notice")--

(a) to the relevant licensing authority, and

(b) to the premises user.

(3) The objection notice must be given no later than 48 hours after the chief officer of police is given a copy of the temporary event notice under subsection (1).

(4) Subsection (2) does not apply at any time after the relevant chief officer of police has received a copy of a counter notice under section 107 in respect of the temporary event notice.

(5) In this section "relevant chief officer of police" means--

(a) where the premises are situated in one police area, the chief officer of police for that area, and

(b) where the premises are situated in two or more police areas, the chief officer of police for each of those areas.

105 Counter notice following police objection

(1) This section applies where an objection notice is given in respect of a temporary event notice.

(2) The relevant licensing authority must--

(a) hold a hearing to consider the objection notice, unless the premises user, the chief officer of police who gave the objection notice and the authority agree that a hearing is unnecessary, and

(b) having regard to the objection notice, give the premises user a counter notice under this section if it considers it necessary for the promotion of the crime prevention objective to do so.

(3) The relevant licensing authority must--

(a) in a case where it decides not to give a counter notice under this section, give the premises user and the relevant chief officer of police notice of the decision, and

(b) in any other case--

(i) give the premises user the counter notice and a notice stating the reasons for its decision, and

(ii) give the relevant chief officer of police a copy of both of those notices.

(4) A decision must be made under subsection (2)(b), and the requirements of subsection (3) must be met, at least 24 hours before the beginning of the event period specified in the temporary event notice.

(5) Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by this section must be exercised by those authorities jointly.

(6) This section does not apply--

(a) if the objection notice has been withdrawn (whether by virtue of section 106 or otherwise), or

(b) if the premises user has been given a counter notice under section 107.

(7) In this section "objection notice" and "relevant chief officer of police" have the same meaning as in section 104.

106 Modification of notice following police objection

(1) This section applies where a chief officer of police has given an objection notice in respect of a temporary event notice (and the objection notice has not been withdrawn).

(2) At any time before a hearing is held or dispensed with under section 105(2), the chief officer of police may, with the agreement of the premises user, modify the temporary event notice by making changes to the notice returned to the premises user under section 102.

(3) Where a temporary event notice is modified under subsection (2)--

(a) the objection notice is to be treated for the purposes of this Act as having been withdrawn from the time the temporary event notice is modified, and

(b) from that time--

(i) this Act has effect as if the temporary event notice given under section 100 had been the notice as modified under that subsection, and

(ii) to the extent that the conditions of section 98 are satisfied in relation to the unmodified notice they are to be treated as satisfied in relation to the notice as modified under that subsection.

(4) A copy of the temporary event notice as modified under subsection (2) must be sent or delivered by the chief officer of police to the relevant licensing authority before a hearing is held or dispensed with under section 105(2).

(5) Where the premises are situated in more than one police area, the chief officer of police may modify the temporary event notice under this section only with the consent of the chief officer of police for the other police area or each of the other police areas in which the premises are situated.

(6) This section does not apply if a counter notice has been given under section 107.

(7) In this section "objection notice" has the same meaning as in section 104(2).

Limits on temporary event notices

107 Counter notice where permitted limits exceeded

(1) Where a licensing authority--

(a) receives a temporary event notice ("notice A") in respect of any premises ("the relevant premises"), and

(b) is satisfied that subsection (2), (3), (4) or (5) applies,

the authority must give the premises user ("the relevant premises user") a counter notice under this section.

(2) This subsection applies if the relevant premises user--

(a) holds a personal licence, and

(b) has already given at least 50 temporary event notices in respect of event periods wholly or partly within the same year as the event period specified in notice A.

(3) This subsection applies if the relevant premises user--

(a) does not hold a personal licence, and

(b) has already given at least five temporary event notices in respect of such event periods.

(4) This subsection applies if at least 12 temporary event notices have already been given which--

(a) are in respect of the same premises as notice A, and

(b) specify as the event period a period wholly or partly within the same year as the event period specified in notice A.

(5) This subsection applies if, in any year in which the event period specified in notice A (or any part of it) falls, more than 15 days are days on which one or more of the following fall--

(a) that event period or any part of it,

(b) an event period specified in a temporary event notice already given in respect of the same premises as notice A or any part of such a period.

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