Explanatory note

This Order amends section 107 of the Licensing Act 2003 (c. 17) (“the 2003 Act”). Section 107 requires a licensing authority to issue a counter notice on receipt of a temporary event notice (“TEN”) where certain permitted limits are exceeded. The effect of giving a counter notice is that the proposed event is not authorised to proceed. Article 2 amends section 107(4) and (5) of the 2003 Act to increase the number of TENs which may be given in relation to the same premises in a calendar year without a counter notice being issued from 15 to 20, and the number of days in a calendar year on which a single premises can be used to carry on activities under a TEN from 21 to 26 days. Article 2 also amends section 107(4) and (5) of the 2003 Act to remove spent provisions relating to the 2022 and 2023 calendar years. Those spent provisions were originally inserted by regulation 3 of the Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021 (S.I. 2021/1049) and so regulation 3 is also removed, by article 4 of this Order.

Article 3 makes consequential amendments to the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005 (S.I. 2005/2918) to replace the forms for a TEN and counter notice prescribed respectively in Schedules 1 and 4 to those Regulations, reflecting the increased TEN entitlement.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.