Part 5A notices

Deregulation Bill (Programme) (No. 2) – in the House of Commons at 2:15 pm on 14th May 2014.

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110D  Conditions for validity of notices

(1) A notice complies with this section if the conditions set out in subsections (2) to (10) are satisfied in relation to the notice.

(2) The notice must specify whether—

(a) the community event conditions (set out in section 110B or in regulations under that section), or

(b) the ancillary business sales conditions (set out in section 110C or in regulations under that section),

will be satisfied in relation to sales of alcohol on the premises in question.

(3) The notice must specify (for the purposes of section 110A(2))—

(a) in the case of a notice that specifies the ancillary business sales conditions, the set of premises to which it relates;

(b) in the case of a notice that specifies the community event conditions, no more than three sets of community premises, each of which must be wholly or partly in the area of the same licensing authority.

(4) The notice must be given, on behalf of the body by or on whose behalf the sale of alcohol on the premises would take place, by a person who is aged 18 or over and is concerned in the management of the body.

(5) The notice must be given to the relevant licensing authority, accompanied by the prescribed fee.

(6) Unless the notice is given to the relevant licensing authority by means of a relevant electronic facility, a copy of the notice must be given to each relevant person.

(7) The notice must be in the prescribed form.

(8) The notice must specify the date when it takes effect.

(9) The specified date must be at least 10 working days, but no more than 3 months, after the day on which the notice is given.

Where subsection (6) applies, the notice is treated as given only when that subsection is complied with.

(10) The notice must contain any other information that regulations require it to contain.

(11) In this Part, “relevant person”, in relation to any premises, means—

(a) the chief officer of police for any police area in which the premises are situated;

(b) the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health.

110E  Special restriction on giving of notices

(1) This section applies where—

(a) a Part 5A notice is given on behalf of a body, and

(b) a counter notice under section 110J is given in relation to the Part 5A notice.

(2) No further Part 5A notice may be given in respect of any premises specified in the notice, whether on behalf of that body or on behalf of another body that is an associate of it, before the end of the period of 12 months beginning with the day on which the counter notice is given.

(3) However, the restriction in subsection (2) ceases to apply if the counter notice is revoked under section 110K or quashed by a court.

(4) For the purposes of this section, a body is an associate of another body if it would be an associate of the other body for the purposes of the Estate Agents Act 1979 (see section 32(4) to (6) of that Act).

110F  Date when Part 5A notice takes effect

(1) A Part 5A notice takes effect on the date specified under section 110D(8).

(2) Subsection (1) does not apply if a counter notice is given under section 110J in relation to the notice.

(For the case where a counter notice is revoked or quashed by a court, see section 110K(2).)

110G  Acknowledgement of notice etc

(1) This section applies where a relevant licensing authority receives a notice that is, or purports to be, a Part 5A notice.

(2) The authority must give written acknowledgement of the receipt of the notice to the person who gave it.

(3) The acknowledgment must be given—

(a) before the end of the first working day following the day on which it was received, or

(b) if the day on which it was received was not a working day, before the end of the second working day following that day.

(4) If the licensing authority is of the opinion that the notice does not comply with section 110D, the authority must as soon as possible give to the person who gave the notice written notification of the reasons for its opinion.

(5) Subsection (2) does not apply where, before the time by which acknowledgement of the receipt of the notice must be given in accordance with subsection (3), the person who gave the notice has been given a counter notice under section 110J.

110H  Theft, loss etc of Part 5A notice

(1) Where a Part 5A notice is lost, stolen, damaged or destroyed, the person who gave the notice may apply to the relevant licensing authority for a copy of the notice.

(2) The application must be accompanied by the prescribed fee.

(3) Where an application is made in accordance with this section, the licensing authority must issue the applicant with a copy of the notice (certified by the authority to be a true copy) if it is satisfied that the notice has been lost, stolen, damaged or destroyed.

(4) This Act applies in relation to a copy issued under this section as it applies in relation to an original notice.