Explanatory note

These Regulations amend the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005 (SI 2005/2918) (“the 2005 Regulations”) to give effect to certain amendments made to the Licensing Act 2003 (“the 2003 Act”) by the Police Reform and Social Responsibility Act 2011.

Part 5 of the 2003 Act sets out a framework under which a person (“the premises user”) can carry on licensable activities without having to obtain a premises licence or club premises certificate. The premises user may instead give a temporary event notice (“a TEN”) to the licensing authority which must include certain information (including, but not limited to, the proposed licensable activities, details of the premises and duration of the proposed event). A TEN is subject to a number of limits which apply by reference to any calendar year (including, but not limited to, the number of TENs which may be given by the premises user and the number which may be given in relation to the same premises). The amendments to Part 5 of the 2003 Act enable the police and local authority exercising environmental health functions to object to a TEN on the basis of any licensing objectives, the premises user to give a limited number of TENs no later than 5 working days before the event, the licensing authority to impose conditions on a TEN if the requirements set out in section 106A of the 2003 Act are met, and a TEN to authorise an activity to be carried on for a maximum period of 168 hours (7 days).

Regulation 3 replaces the interpretation provision in regulation 2 of the 2005 Regulations so as to bring the regulations into line with the amendments to the 2003 Act.

Regulation 4 replaces the form of TEN prescribed in Schedule 1 to the 2005 Regulations.

Regulations 5 and 6 omit regulations 4 to 6 of the 2005 Regulations and insert new regulations 4 to 7. Regulation 6 prescribes the form of the counter notice which the licensing authority may give to the premises user if the police or local authority exercising environmental health functions have objected to the TEN, the notice and statement of conditions which the licensing authority may give to the premises user if it decides that it is appropriate to impose conditions on the TEN, and the counter notice which the licensing authority may give to the premises user if the TEN exceeds one of the permitted limits.

Regulation 6 also prescribes the manner in which the licensing authority may give each of the notice or counter notices described above to the premises user.

An impact assessment has not been produced for this instrument as no impact on businesses, charities, voluntary bodies or the public sector is foreseen.