Licence - temporary event licence
The Licensing Act 2003 ("the Act") will introduce a light touch
system for ad hoc, permitted temporary activities. A temporary
event notice (TEN) is given by an individual (a premises user) and
authorises the premises user to conduct one or more licensable
activities at premises for no more than 96 hours. TENs can be used
to authorise relatively small-scale ad hoc events held in or on any
premises involving less than 500 people at any one time, subject to
certain restrictions.
What restrictions are imposed on the use of Temporary Event
Notices by the 2003 Act?
The limitations directly imposed on the use of TENs by the
2003 Act are: The number of times the ‘premises user’ may
give a TEN (50 times a year for a personal licence holder and five
times per year for a non personal licence holder) The number
of times a TEN may be given in respect of any particular premises
(12 times in a calendar year) but subject to a maximum aggregate
duration of the periods covered by TENs at any individual premises
(15 days) The length of time a temporary event may last (96
hours); and The scale of the event in terms of the maximum
number of people attending at any one time (less than 500).
Is there an age restriction to give a temporary event
notice?
An individual must be aged 18 or over to give a temporary event
notice.
Who should the temporary event notice be given to?
The premises user must give the TEN to the licensing authority in
which the premises is situated (in duplicate) and copy it to the
police. 1. Licensing Department Allerdale Borough
Council Allerdale House Workington CA14 3YJ
2. Chief of Police Cumbria Constabulary West Cumbria
H.Q. Hall Brow Workington Cumbria CA14 4EH
Should licensing authorities and police acknowledge receipt of
a temporary event notice?
The licensing authority is required to issue acknowledgement of the
temporary event notice. No acknowledgement is required by the Act
from the police.
When should the temporary event notice be given?
The premises user must, no later than 10 working days before the
day on which the event is to start, give the TEN (in duplicate) to
the relevant licensing authority, together with the prescribed fee.
A copy of the notice must also be given to the relevant chief
officer of police no later than 10 working days before the day on
which the event is to start.
What information should be included in the temporary event
notice?
The TEN must be in the prescribed form. It must state: The
licensable activities to take place during the event The
period (not exceeding 96 hours) during which it is proposed to use
the premises for licensable activities The times during the event
period that the premises user proposes that the licensable
activities shall take place The maximum number of persons (being
less than 500) which it is proposed should, during those times, be
allowed on the premises at the same time Where the licensable
activities include the supply of alcohol, whether the supplies are
proposed to be for consumption on the premises or off the premises
or both; and Any other matters prescribed by the Secretary of
State.
Are there extra restrictions when a
temporary event notice includes the supply of
alcohol?
Where the relevant licensable activities
include the supply of alcohol, the notice must make it a condition
of using the premises for such supplies, that all such supplies are
made by or under the authority of the premises user (i.e. the
person who applied for the TEN).
Can a person give more than one temporary
event notice at the same time?
Yes. There is nothing to prevent simultaneous notification of
multiple events at a single time provided the restrictions on the
use of TEN’s are observed.
Can you give a Temporary Event Notice on
behalf of someone else?
No. The ‘premises user’ is the individual who must give the
temporary event notice.
How many temporary event notices can each
person give?
A personal licence holder will be able to give a TEN in relation to
licensable activities on up to 50 occasions in each year, the limit
is 5 occasions in each year if that person does not hold a personal
licence. Both are subject to the limitation of 12 TENs in respect
of the same premises.
Can a temporary event notice be
withdrawn?
Yes. A temporary event notice may be withdrawn by the ‘premises
user’ giving the licensing authority a notice to that effect no
later than 24 hours before the beginning of the event period
specified in the temporary event notice.
Who can object to a temporary event
notice?
Only the police may intervene to prevent an event covered by a TEN
taking place or agree a modification of the arrangements for such
an event and then only on crime prevention grounds. However a
licensing authority may issue a counter notice if the limits on
TEN’s will be exceeded.
What reasons can be given for the
objection of a temporary event notice?
The chief officer of police has to be satisfied that allowing the
premises to be used in accordance with the notice would undermine
the crime prevention objective and must give an objection notice
explaining the reasons why.
How long do police have to object to a
temporary event notice?
The objection notice must be given no later than 48 hours after the
chief officer of police is given a copy of the temporary event
notice.
What is the procedure once the police
object to a temporary event notice?
The relevant licensing authority must hold a hearing to consider
the objection notice, unless the premises user, the chief officer
of police who gave the objection notice and the licensing authority
agree that a hearing is unnecessary. At the hearing
consideration by the licensing authority is confined to the crime
prevention objective. If it considers it necessary for the
promotion of the crime prevention objective the licensing authority
may give the premises user a counter notice, stating the reasons
for it’s decision and copying it to the relevant chief officer of
police. The effect of the counter notice is to stop the event from
taking place. Where a licensing authority decides not to give a
counter notice, it must give the premises user and the relevant
chief officer of police notice of this decision and the event can
take place as notified.
How long does the licensing authority have
to give its decision on a hearing?
The relevant licensing authority must make its decision and issue a
notice no later than 24 hours before the beginning of the event
period specified in the TEN.
Can the temporary event notice be
modified if the police object?
Yes. At any time before a hearing is held, the chief officer of
police may, with the agreement of the premises user, modify the TEN
to meet their concerns.
What is the procedure once the notice has
been modified?
Once the TEN has been modified the licensing authority will be sent
or delivered a copy of the modified notice by the
police.
What powers do the police have to stop a
temporary event once it has started?
Police have the power to seek court orders to close premises for up
to 24 hours in a geographical area that is experiencing or likely
to experience disorder. Police also have the power to close down
instantly for up to 24 hours, premises in respect of which a
temporary event notice has effect, that are disorderly, likely to
become disorderly or are causing nuisance as a result of noise from
the premises. Such orders may only be made where it is necessary in
the interest of public safety in cases of disorder or to prevent
nuisance in the case of noise coming from the
premises.
What powers do licensing authorities have
to stop a permitted temporary event once it has
started?
Licensing authorities have no power under the Licensing Act 2003 to
stop permitted temporary events once they have started. A local
authority may have powers under other legislation for e.g. to deal
with a statutory nuisance.
Does the premises user have to display
the temporary event notice at the event?
The premises user must either: secure that a copy of the TEN
is prominently displayed at the premises being used for the
permitted temporary activity secure that the TEN is kept at the
premises in his custody, or secure that the TEN is kept at the
premises in his custody, or secure that the TEN is kept at the
premises in the custody of a person who is present and working at
the premises and whom he has nominated for this purpose (and if
this is the case, secure that a notice specifying this fact and the
position held at the premises by that person is prominently
displayed at the premises)
What happens if a premises user loses the
temporary event notice?
Where a TEN is lost,
stolen, damaged or destroyed, the premises user may apply to the
licensing authority for a copy of the notice. No application may be
made more than a month after the end of the event period specified
in the notice. Any application must be accompanied by the
prescribed fee.
If you are making a new application or making a subsequent
variation or an application for Temporary Event Notices, you will
need to complete an Operating Schedule as part of your premises
licence or club premises certificate or notice application.
The Operating Schedule should include information that is
necessary to enable any responsible authority or interested party
to assess whether the steps taken to promote the licensing
objectives are satisfactory.
Applicants are also recommended to include the proposed
occupancy numbers for the premises in their operating
schedule. An operating schedule is a document (in the
prescribed form) which includes a statement of the following
matters:-
(a) the relevant licensable activities;
(b) the times during which it is proposed that the
relevant licensable activities are to take place;
(c) any other times during which it is proposed that the
premises are to be open to the public;
(d) where the applicant wishes the licence to have effect
for a limited period, that period;
(e) here the relevant licensable activities include the supply
of alcohol, details and the consent of the person to be named as
the DPS;
(f) where the relevant licensable activities include the
supply of alcohol, whether the supplies are proposed to be for
consumption on or off the premises, or both; and
(g) the steps which it is proposed to
take to promote the licensing objectives.
N.B. These
steps are vitally important as they will become the conditions in
accordance with which the licensable activities must be carried on
at the premises, if accepted and if no representations are made by
responsible authorities or interested parties.
One of the most crucial parts of the Operating Schedule is the
section where the applicant describes the steps they intend to take
to promote the four licensing objectives. Careful
consideration of what is entered is advised, as parts of this
section may become a condition of the licence. With thought
and careful planning the Operating Schedule for YOUR premises will
reflect YOUR licensable activities and at the same time meet the
needs of the four licensing objectives.
What are the licensing objectives?
- Prevention of Crime and Disorder;
- Public Safety;
- Prevention of public nuisance; and the
- Protection of children from harm
Who can you speak to for advice on promoting the licensing
objectives?
Advice on promoting the objectives is available in our
Statement of Licensing Policy or from guidance available on our
website. Advice on each of the licensing objectives is also
available from the responsible authorities who will be assessing
your application.
When you are making a variation to your existing licence(s) –
new activities, new operating hours etc. – then your application
will be subject to representations from all of the "responsible
authorities" and "interested parties".
As well as looking carefully at what measures you intend to
put in place to promote the licensing objectives; responsible
authorities will be a very useful contact when you need help and
expert guidance to fill out this part of your form.
Cumbria Police (for matters concerning preventing crime and
disorder) Tel: 01900 602422
Cumbria Fire and Rescue Service (for matters concerning public
safety) Tel: 01900 602543
Environmental Health (for matters concerning prevention of
public nuisance and promotion of health and safety) Tel: 01900
702593
Planning Department (for matters concerning public safety and
preventing public nuisance) Tel: 01900 326539
North – Wigton, Thursby, Maryport District Tel:
01900 702748
South – Workington, Cockermouth District Tel: 01900
702749 (or LDNPA (01539 724555) as appropriate according to
the planning authority for your premises)
Health & Safety executive (for matters concerning public
safety) Tel: 01228 539321
Social Services (for matters concerning protecting children
from harm) Tel: 01900 325300
Trading Standards (for matters relating to under age drinking
etc.) Tel: 01900 325980
Marine Agency – only if the premises is located on
water, i.e. a boat
The following guidance documents are available to applicants
from the Council’s Licensing Office on request:-
- Cumbria Police – Guidance for applicants
- Cumbria Fire and Rescue Service – Guidance for applicants
- Licensed Property: Noise Control – Publication of the British
Beer and Pub Association
- An Introduction to Health and Safety – Publication of the
Health and Safety Executive
We would also recommend that you speak to "interested
parties", that is local residents/local businesses to get their
input on what you are planning to do and how you plan to promote
the licensing objectives. In this way you can look to tackle any of
their concerns in your operating schedule.
Providing an application is properly made and no relevant
representations are made, the Local Authority must grant a licence
subject only to conditions as are consistent with the Operating
Schedule accompanying the application e.g. opening hours and any
condition which must be included in the licence which
are:
That no sale of alcohol can be made under the Premises Licence
when there is no Designated Premises Supervisor or when the
Designated Premises Supervisor does not hold a Personal Licence or
their Personal Licence has been suspended
Any person at the premises carrying out a security activity
must be licensed with the Security Industry Authority
Where a Premises Licence authorises the exhibition of films
the premises licensee must secure that the admission of children to
films is restricted in accordance with recommendations given by the
British Board of Film Classification or by the Local
Authority
Allerdale Borough Council
