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Guidance

Guidance to licensing authorities

Our guidance for licensing authorities.

Contents


4 - Endorsement of the notice

14.23 If no objections are made within 14 days of the date of the notice, the licensing authority must endorse the notice as valid and return it to the person who gave it. If the endorsed copy of the notice is lost, stolen or damaged, the person who gave the notice may request a new endorsed copy from the licensing authority, subject to the payment of a fee.

14.24 S.228 of the Act sets a time limit for the completion of all proceedings on TUN of 6 weeks beginning with the date on which the TUN is received. This includes considering whether to give a notice of objection; holding a hearing if necessary, giving a counter-notice, or giving a notice of determination.

14.25 The person who gives a TUN may notify the licensing authority that it is withdrawn at anytime up to and during the time it has effect. In those circumstances the notice will have no effect, and any unlapsed period of time will not count towards the 21-day maximum for a TUN having effect on the premises.

Displaying the notice

14.26 While the gambling is taking place, a copy of the TUN must be displayed prominently on the premises. It is an offence not to produce the notice endorsed by the licensing authority when requested to do so by a constable, an officer of HM Revenue & Customs (opens in new tab), an enforcement officer, or an authorised local authority officer.

Maximum period

14.27 If the premises have been the subject of one or more TUN for more than a total of 21 days in the past 12 months, the licensing authority must issue a counter-notice that has the effect of stopping the TUN coming into effect. The format of counter notices are prescribed by either the Secretary of State or Scottish Ministers (SI 2007/3157: Gambling Act 2005 (Temporary Use Notices) Regulations 2007 (opens in new tab)). Failure to comply with the counter-notice will be an offence. A licensing authority may issue a counter-notice which limits the number of days that the TUN comes into effect, bringing it within the 21-day limit. Such counter-notices require consultation with the applicant to ensure that the restrictions they impose do not result in an unworkable event.

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