Section 105 Counter notice following ... objection to standard temporary event noticeF8

England and Wales

(1)

This section applies where an objection notice is given F1under section 104(2) in respect of a standard temporary event notice.

(2)

The relevant licensing authority must—

(a)

hold a hearing to consider the objection notice, unless the premises user, the F2relevant person 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 F3appropriate for the promotion of F4a licensing 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 F5each relevant person 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 F6each relevant person 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if the objection notice has been withdrawn (whether by virtue of section 106 or otherwise), or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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in s. 105(1) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(8)(b), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)
F2: Words in s. 105(2)(a) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(9)(b), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)
F3: Word in s. 105(2)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 111(2), 157(1) (with s. 111(7)); S.I. 2012/1129, art. 2(d)
F4: Words in s. 105(2)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(9)(c), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)
F5: Words in s. 105(3)(a) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(9)(d), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)
F6: Words in s. 105(3)(b)(ii) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(9)(e), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)
F7: S. 105(7) omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(8)(c), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)
F8: Word in s. 105 title omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(9)(a), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)
F9: Words in s. 105 title inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(8)(a), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)