Overview Amendments of the Licensing Act 2003 Section 114: Temporary event notices: late notices
336.Section 114 enables a premises user to give a limited number of temporary event notices in a shorter timeframe than that which applies to the existing temporary event notice process. This is defined as a “late temporary event notice”. A temporary event notice which is given in accordance with the existing timeframe is defined as a “standard temporary event notice”. An objection from at least one relevant person to a late temporary event notice will result in a counter notice being issued. This will make the late temporary event notice ineffective (without a right to a hearing and onward appeal, as applies to the existing process) and the event to which it relates cannot lawfully take place.
337.Subsections (2) to (12) amend a number of provisions in the Act, and insert sections 100A and 104A which also amend a number of provisions in Part 5 of the Licensing Act 2003 to introduce a separate process stream for standard and late temporary event notices.
338.The existing processes are adapted to facilitate the introduction of the availability of a late temporary event notice. A standard temporary event notice is a temporary event notice which is given to the relevant licensing authority and (if it is made in writing) to each relevant person, no later than 10 days before the temporary event to which it relates. A late temporary event notice is a temporary event notice which is given to the relevant licensing authority electronically no later than five working days, but no earlier than nine working days before, the temporary event begins; or, if it is made in writing, is given to the licensing authority and each relevant person no later than five working days before the temporary event begins and to at least one of the relevant persons no earlier than nine working days before the event begins. There is a limit on how many late temporary event notices can be given in any calendar year: this is 10 for personal licence holders and two for non-personal licence holders.
339.Subsection (13) makes provision for the application of these amendments.