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Statutory Instruments

2005 No. 2918

LICENCES AND LICENSING

The Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005

Made

19th October 2005

Laid before Parliament

20th October 2005

Coming into force

10th November 2005

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 100(4) and (5), 102(2) and 107(7) of the Licensing Act 2003( 1 ):

Citation and commencement

1. These Regulations may be cited as the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005 and come into force on 10th November 2005.

Interpretation

2. In these Regulations

(a) the Act” means the Licensing Act 2003;

(b) appropriate address” in relation to a counter notice means—

(i) the postal address indicated in section 1(8) of the temporary event notice in respect of which the counter notice is given, or

(ii) if there is no such address the postal address indicated in section 1(6) of the notice;

(c) appropriate e-mail address” in relation to a counter notice means—

(i) an e-mail address indicated in section 1(9) of the temporary event notice in respect of which the counter notice is given, or

(ii) if sections 1(8) and 1(9) of the notice have not been completed, an e-mail address indicated in section 1(7) of the notice;

(d) copy” includes an electronic copy;

(e) counter notice” means a counter notice under section 107 of the Act;

(f) ordinary post” means ordinary prepaid first-class or second-class post (with or without special arrangements for delivery);

(g) relevant premises user” has the same meaning as in section 107(1) of the Act;

(h) signature” includes an electronic signature within the meaning of section 7 of the Electronic Communications Act 2000( 2 );

(i) temporary event notice” has the same meaning as in section 100(1) of the Act.

Form of temporary event notice

3. —(1) The prescribed form for a temporary event notice is set out in Schedule 1.

(2) A matter appearing in, or required to be stated in the prescribed form in that Schedule (other than a matter mentioned in section 100(5)(a) to (e) of the Act) is a prescribed matter for the purposes of section 100(5) of the Act.

(3) Any other information appearing in, or required to be included in the prescribed form in that Schedule (other than information mentioned in section 100(4)(a) or (b) of the Act) is prescribed information for the purposes of section 100(4) of the Act.

Form of acknowledgement of receipt of temporary event notice

4. The prescribed form for an acknowledgement of the receipt by a licensing authority of a temporary event notice is the signature of a person authorised to acknowledge such receipt on the authority’s behalf appearing in section 10 (entitled “Acknowledgement”) of the notice, or of a copy of the notice.

Form of counter notice

5. The prescribed form for a counter notice is set out in Schedule 2.

Manner of giving counter notice

6. A counter notice is given in the prescribed manner if it is—

(a) delivered to the relevant premises user in person;

(b) left at the appropriate address;

(c) sent to that address by ordinary post; or

(d) sent by e-mail to an appropriate e-mail address.

Richard Caborn

Minister of State

Department for Culture, Media and Sport

19th October 2005

Regulation 3

SCHEDULE 1 PRESCRIBED FORM OF TEMPORARY EVENT NOTICE

Regulation 5

SCHEDULE 2 PRESCRIBED FORM OF COUNTER NOTICE

( 1 )

2003 c. 17 . See the definitions of “prescribed” and “regulations” in section 193 of the Act.

( 2 )

2000 c. 7 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005 (2005/2918)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
Acknowledgementreg. 4.Acknowledg_rtsCU3R
appropriate addressreg. 2.appropriat_rtOiOTg
appropriate e-mail addressreg. 2.appropriat_rtn8pbO
copyreg. 2.copy_rtAAUCr
counter noticereg. 2.counter_no_rtztFoq
ordinary postreg. 2.ordinary_p_rtCYld6
relevant premises userreg. 2.relevant_p_rthULAT
signaturereg. 2.signature_rthLcPY
temporary event noticereg. 2.temporary__rtCY61O
the Actreg. 2.the_Act_rtgKEO9
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This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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