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Change 1
As published
224 Counter-notice
(1) This section applies where—
(a) a person has given a temporary use notice to a licensing authority in accordance with section 219,
(b) a notice of objection has been given in accordance with section 221, and
(c) a hearing—
(i) has taken place in accordance with section 222(2), or
(ii) has been dispensed with in accordance with section 222(3).
(2) If the licensing authority think that the temporary use notice should not have effect or should have effect only with modification, the authority may give a counter-notice under this subsection to the person who gave the temporary use notice.
(3) A counter-notice may provide for the temporary use notice—
(a) not to have effect;
(b) to have effect only in respect of a specified activity;
(c) to have effect only in respect of activity carried on during a specified period of time or at specified times of day;
(d) to have effect subject to compliance with a specified condition;
and provision made under this subsection shall have effect.
(4) A counter-notice must—
(a) be in the prescribed form,
(b) contain the prescribed information, and
(c) be given as soon as is reasonably practicable.
(5) A counter-notice must state the licensing authority's reasons for giving it.
(6) Where a licensing authority give a counter-notice they shall as soon as is reasonably practicable give a copy to any person who was entitled to receive a copy of the temporary use notice.
(7) Section 153(1) shall apply to the exercise of a licensing authority's functions under this section as it applies to the exercise of a licensing authority's functions under Part 8.
(8) In this section “prescribed” means prescribed by regulations made by the Secretary of State.
Your change, as a redline
224 Counter-notice
(1) This section applies where—
(a) a person has given a temporary use notice to a licensing authority in accordance with section 219,
(b) a notice of objection has been given in accordance with section 221, and
(c) a hearing—
(i) has taken place in accordance with section 222(2), or
(ii) has been dispensed with in accordance with section 222(3).
(2) If the licensing authority think that the temporary use notice should not have effect or should have effect only with modification, the authority may give a counter-notice under this subsection to the person who gave the temporary use notice.
(3) A counter-notice may provide for the temporary use notice—
(a) not to have effect;
(b) to have effect only in respect of a specified activity;
(c) to have effect only in respect of activity carried on during a specified period of time or at specified times of day;
(d) to have effect subject to compliance with a specified condition;
and provision made under this subsection shall have effect.
(4) A counter-notice must—
(a) be in the prescribed form,
(b) contain the prescribed information, and
(c) be given as soon as is reasonably practicable.
(5) A counter-notice must state the licensing authority's reasons for giving it.
(6) Where a licensing authority give a counter-notice they shall as soon as is reasonably practicable give a copy to any person who was entitled to receive a copy of the temporary use notice.
(7) Section 153(1) shall apply to the exercise of a licensing authority's functions under this section as it applies to the exercise of a licensing authority's functions under Part 8.
(8) In this section “prescribed” means prescribed by regulations made by the Secretary of State.
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