Statutory Instruments
2021 No. 1049
Licences And Licensing, England And Wales
The Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021
Made
15th September 2021
Coming into force
16th September 2021
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 107(12) and 197(2) of the Licensing Act 2003( 1 ) and section 11(14) of the Business and Planning Act 2020( 2 ).
The Secretary of State considers it reasonable to substitute the date specified in section 172F(10)(d)(i) of the 2003 Act, as that Act has effect by virtue of section 11(2) of the 2020 Act( 3 ), and the date specified in section 11(13) of the 2020 Act, with a later date in order to mitigate an effect of coronavirus( 4 ).
A draft of these Regulations has been laid before Parliament and approved by a resolution of each House, in accordance with section 197(4) of the 2003 Act( 5 ) and section 23(6) of the 2020 Act.
Citation, commencement, interpretation and extent
(2) These Regulations come into force on the day after the day on which they are made.
(3) In these Regulations —
“the 2003 Act” means the Licensing Act 2003;
“the 2020 Act” means the Business and Planning Act 2020.
(4) These Regulations extend to England and Wales.
Modification of premises licences to authorise off-sales for limited period: temporary extension
2. —(1) In section 172F(10)(d)(i) of the 2003 Act (authorisation of off-sales for limited period), as that Act has effect by virtue of section 11(2) of the 2020 Act, for “2021” substitute “2022”.
(2) In section 11(13) of the 2020 Act (modification of premises licences to authorise off-sales for limited period: expiry date), for “2021” substitute “2022”.
Temporary event notices: increase in maximum number of events and days per year for 2022 and 2023
3. In section 107 of the 2003 Act (counter notice where permitted limits exceeded)—
(a) in subsection (4)( 6 ) (maximum number of events per year), after “notices” insert “, or, in relation to event periods occurring wholly or partly in 2022 or 2023, at least 20 temporary event notices”;
(b) in subsection (5)( 7 ) (maximum number of days when temporary events can take place per year), after “21 days” insert “, or, in relation to event periods (or any part of those periods) occurring in 2022 or 2023, more than 26 days”.
Temporary event notices: consequential amendment to prescribed forms
4. In the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005( 8 )—
(a) for the form in Schedule 1( 9 ), substitute the form in Schedule 1 to these Regulations;
(b) for the form in Schedule 4( 10 ), substitute the form in Schedule 2 to these Regulations.
Kit Malthouse
Minister of State
Home Office
15th September 2021
Regulation 4(a)
SCHEDULE 1 Temporary Event Notice
Regulation 4(b)
SCHEDULE 2 Prescribed Form of Counter Notice (Permitted Limits)
Section 11(2) of the Business and Planning Act 2020 (c. 16) (“the 2020 Act”) modifies Part 9 (miscellaneous and supplementary) of the Licensing Act 2003 (c. 17) so that it has effect as if, after section 172E, there were inserted sections 172F to 172L, for a limited period.
“Coronavirus” has the meaning given by section 11(15) of the 2020 Act.
Section 197(4) was amended by section 23(3)(b) of the Violent Crime Reduction Act 2006 (c. 38) , section 112(1) of, and paragraphs 29 and 44 of Schedule 7 to, the Policing and Crime Act 2009 (c. 26) and section 67(12)(b) of the Deregulation Act 2015 (c. 20) .
Section 107(4) was amended by section 68(1) of the Deregulation Act 2015.
Section 107(5) was amended by section 115(3) of the Police Reform and Social Responsibility Act 2011 (c. 13) .
The form in Schedule 1 was substituted by S.I. 2010/2851 , 2012/960 , 2012/2290 , 2014/2417 , 2016/20 and 2017/411 .
The form in Schedule 4 was inserted by S.I. 2012/960 and substituted by S.I. 2017/411 .