The Licensing Act 2003 (Permitted Temporary Activities) (Notices and Fees) (Wales) Regulations 2014

Statutory Instruments

2014 No. 1371

Licences And Licensing, Wales

The Licensing Act 2003 (Permitted Temporary Activities) (Notices and Fees) (Wales) Regulations 2014

Made

29th May 2014

Laid before Parliament

30th May 2014

Coming into force

31st May 2014

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 100(4), (5) and (7), 193(1) and 197(2) of the Licensing Act 2003(2).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Licensing Act 2003 (Permitted Temporary Activities) (Notices and Fees) (Wales) Regulations 2014 and come into force on 31st May 2014.

(2) These Regulations apply only in relation to Wales.

Interpretation

2.  In these Regulations—

a “temporary event notice (2014 FIFA World Cup)” means a temporary event notice to which regulation 3 applies; and

the “tournament” means the external tournament known as the 2014 FIFA (Fédération Internationale de Football Association) World Cup in Brazil.

Permitted temporary activities: temporary event notice (2014 FIFA World Cup)

3.  This regulation applies to a temporary event notice which—

(a) does not relate to the use of premises for—

(i) the sale by retail of alcohol for consumption off the premises;

(ii) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption off the premises;

(iii) the provision of regulated entertainment; or

(iv) the provision of late night refreshment if the premises are not at the same time used for the sale by retail of alcohol for consumption on the premises or the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption on the premises; and

(b) relates to a licensable activity which is carried out at a time specified in regulation 4.

4.  A specified time is—

(a) the period beginning at 11pm on 14th June 2014 and ending at 1am on 15th June 2014;

(b) the period of four hours beginning at 8pm on 19th June 2014;

(c) the period of four hours beginning at 9pm on 28th June 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 28th June 2014;

(d) the period of four hours beginning at 9pm on 29th June 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 29th June 2014;

(e) the period of four hours beginning at 9pm on 4th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 4th July 2014;

(f) the period of four hours beginning at 9pm on 5th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 5th July 2014;

(g) the period of four hours beginning at 9pm on 8th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 8th July 2014;

(h) the period of four hours beginning at 9pm on 9th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 9th July 2014;

(i) the period of four hours beginning at 9pm on 12th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 12th July 2014; and

(j) the period of four hours beginning at 8pm on 13th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 8pm on 13th July 2014.

Form of temporary event notice (2014 FIFA World Cup)

5.  The prescribed form for a temporary event notice (2014 FIFA World Cup) is set out in the Schedule.

Fee for temporary event notice (2014 FIFA World Cup)

6.  The prescribed fee in relation to a temporary event notice (2014 FIFA World Cup) is £0.

Amendment to the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005

7.—(1) The Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005(3) are amended in accordance with paragraph (2).

(2) For regulation 3(1) substitute—

“3.— (1) Subject to paragraph (1A), the prescribed form for a temporary event notice is set out in Schedule 1.

(1A) Paragraph 1 does not apply to a temporary event notice (2014 FIFA World Cup) within the meaning of the Licensing Act 2003 (Permitted Temporary Activities) (Notices and Fees) (Wales) Regulations 2014(4).”.

Amendment to the Licensing Act 2003 (Fees) Regulations 2005

8.—(1) The Licensing Act 2003 (Fees) Regulations 2005(5) are amended in accordance with paragraph (2).

(2) For regulation 8 substitute—

“8.— (1) Subject to paragraph (2), in the case of an application or a notice listed in column 1 of the table in Schedule 6, a person making that application or giving that notice shall accompany it with a fee, the amount of which is specified in column 2 of that table.

(2) Paragraph 1 does not apply to a temporary event notice (2014 FIFA World Cup) within the meaning of the Licensing Act 2003 (Permitted Temporary Activities) (Notices and Fees) (Wales) Regulations 2014.”.

Damian Green

Minister of State

Home Office

29th May 2014

Regulation 5

SCHEDULE

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations prescribe a form of temporary event notice (“temporary event notice (2014 FIFA World Cup”), in respect of which no fee is payable, for use by premises users in Wales in relation to certain licensable activities at certain times.

Regulation 3 has the effect that a temporary event notice (2014 FIFA World Cup) may only be given in relation to the sale of alcohol for consumption on the premises, the supply of alcohol by a club for consumption on the premises and the provision of late night refreshment if the premises are at the same time used for the sale of alcohol for consumption on the premises or the supply of alcohol by a club for consumption on the premises.

Regulation 3 also provides that a temporary event notice (2014 FIFA World Cup) may only be given in relation to a licensable activity which is carried on at one or more of the times specified in regulation 4.

Regulation 4 prescribes a specified time as a period during and immediately after the times at which the Men’s Senior England Football Team play in the group matches in the FIFA World Cup 2014 on 14th and 19th June 2014, and a period during and immediately after the times at which the Men’s Senior England Football Team may play in matches in subsequent rounds of the FIFA World Cup 2014 provided the team qualifies to play in one or more of those matches.

Regulation 5 prescribes the form of a temporary event notice (2014 FIFA World Cup).

Regulation 6 prescribes that the fee in relation to a temporary event notice (2014 FIFA World Cup) is £0.

Regulations 7 and 8 make consequential amendments to the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005 and Licensing Act 2003 (Fees) Regulations 2005.

A full regulatory impact assessment on the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.

(1)

See definition of “prescribed” and “regulations”.

(2)

2003 c. 17.

(3)

S.I. 2005/2918, as amended by S.I. 2012/960 and S.I. 2012/2290.

(4)

S.I. 2014/1371.

(5)

S.I. 2005/79, as amended by S.I. 2005/357 and S.I. 2009/1809.