Gambling Act 2005

218 Maximum permitted period E+W+S

(1) A set of premises may not be the subject of temporary use notification for more than 21 days in a period of 12 months.

(2) A set of premises may be the subject of more than one temporary use notice in a period of 12 months (provided that the aggregate of the periods for which the notices have effect does not exceed 21 days).

(3) If a temporary use notice is given to a licensing authority and subsection (1) would be contravened if the notice had effect for any part of the period specified in accordance with section 216(1)(d), the licensing authority shall give a counter-notice providing for the temporary use notice not to have effect.

(4) Subsections (5) and (6) apply where a temporary use notice is given to a licensing authority and—

(a) subsection (1) would be contravened if the notice had effect for the whole of the period specified in accordance with section 216(1)(d) (“the specified period”), but

(b) the notice could have effect for some part of the specified period without resulting in contravention of subsection (1).

(5) The licensing authority shall give a counter-notice providing that the temporary use notice—

(a) shall not have effect during such part of the specified period as the licensing authority may specify in the counter-notice (“the excluded period”), and

(b) shall be treated for the purposes of this Part as if it related only to the non-excluded period.

(6) Where there is a choice as to which part of the specified period to exclude under subsection (5), the licensing authority shall consult the person who gave the temporary use notice before giving a counter-notice by virtue of that subsection.

(7) A counter-notice under this section shall have effect; and subsections (4) and (6) of section 224 shall apply in relation to a counter-notice given under this section as they apply in relation to a counter-notice given under that section.

(8) For the purposes of this section a set of premises is the subject of temporary use notification (or of a notice) if any part of the premises is the subject of temporary use notification (or of a notice).

Commencement Information

I1 S. 218 in force at 1.12.2007 by S.I. 2007/3155, art. 2