OpenLegislation

Section 106 Modification of standard temporary event notice following ... objectionF9

England and Wales

(1)

This section applies where a F1relevant person has given an objection notice F2under section 104(2) in respect of a standard temporary event notice (and the objection notice has not been withdrawn).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 F3relevant person may, with the agreement of the premises user F4and each other relevant person, modify the temporary event notice by making changes to F5it.

(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the objection notice is to be treated for the purposes of this Act as having been withdrawn from the time the temporary event notice is modified, and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 F6relevant person to the relevant licensing authority before a hearing is held or dispensed with under section 105(2).

(5)

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

(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).

Annotations

Textual amendments

F1

Words in s. 106(1) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(10)(b), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

F2

Words in s. 106(1) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(9)(b), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)

F3

Words in s. 106(2) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(10)(c)(i), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

F4

Words in s. 106(2) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(10)(c)(ii), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

F5

Word in s. 106(2) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(9)(c), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)

F6

Words in s. 106(4) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(10)(d), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

F7

S. 106(5) omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(10)(e), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

F8

Words in s. 106 title substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(9)(a), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)

F9

Word in s. 106 title omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(10)(a), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)