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Before an ad-hoc event that includes licensable activities takes place in England or Wales, the local licensing authority must be given Notice that “licensable activities” are planned. You should apply to us only for events that take place within the North Kesteven District.
It is an offence to offer unauthorised licensable activities, punishable on conviction by a fine of up to £20,000 and or six months’ imprisonment.
An individual can give a ‘standard’ temporary event notice (TEN) to the licensing authority for the area, no later than ten clear working days before the event (this does not include either the day we receive it, or the day of the event). We strongly recommend that at least four weeks’ notice be given to allow time for problems to be resolved.
There is a limited provision for us to accept a ‘late’ TEN - these may be given to us no later than 5 working days before the event and no earlier than 9 working days. Personal licence holders can give up to 10 ‘late’ Notices a year, non personal licence holders can give up to 2, but once these limits are reached then any entitlements to apply for any type of TEN cease for the rest of that year.
Licensable activities are:
- The sale of alcohol by retail
- The supply of alcohol by or on behalf of a club to, or to the order of, a member of a club
- The provision of regulated entertainment
- The provision of late night refreshment (the supply of hot food or hot drink to the public between 11pm and 5am)
Although there is to be “exceptionally light touch bureaucracy”, the law adds a number of limitations:
- The person giving the TEN must be aged 18 years or over.
- No premises (even public houses) may have more than 15 temporary events in any calendar year (1 January to 31 December).
- No premises may be used on more than 21 days per calendar year in total (an event that spans midnight counts as 2 days).
- Personal licence holders may give up to 50 notices per calendar year (but these would have to be spread over at least five different premises as only 15 TENS can be given to any one premises in a year). Non- personal licence holders can only give up to 5 notices per year.
- Each event may last no more than 168 hours (7days).
- No more than 499 persons can attend the event at any one time.
There must be at least 24 hours between events notified by the premises user - or by a relation or business associate of that person - in respect of the same premises.
Where a Relevant Person (the Police or Environmental Health Officers) objects to a TEN on the grounds that any of the licensing objectives may be compromised - or where the limitations above aren’t met, a decision as to whether or not the TEN can be accepted will be made by the Licensing Sub-Panel. Where only ten day’s notice of the event has been given, we may not be aware of problems until a few days before the proposed event and so a hearing may be held at very short notice. If we receive valid objections, as above, to a ‘late’ TEN then we have no option but to issue a Counter Notice and cancel the TEN, there is no requirement to hold a hearing.
An activity that can be licensed must be carried out as detailed in the Notice. The notice must be in a specific format and must be made by someone over 18 years of age.
The notice should contain:
- if alcohol is to be supplied, a statement confirming that it is a condition of using the premises that the supplies are made under the premises user’s authority
- a statement relating to certain matters
- any other required information
The matters referred to above are:
- details of the licensable activities
- the event period
- the times when during that period the activities will take place
- the maximum number of people proposed to be allowed on the premises
- any other required matters
- From 1 October 2014 persons giving Temporary Event Notices will be required to declare if the licensable activities at their event will include ‘relevant entertainment’. Relevant entertainment is certain types of adult entertainment including lap dancing and pole dancing. Further details are contained on the notes pages of our TEN forms.
Licensing Act 2003
Application evaluation process
The TEN must be given in writing, including by electronic means, to us within the timescales detailed in the section ‘Licence Summary’. A fee is payable with the notice (currently £21, cheques payable to North Kesteven District Council).
We will acknowledge receipt of the notice by giving a notice to the premises user before the end of the first working day after it was received or before the end of the second working day the day it was received if the day the notice was received is not a working day.
The premises user must also give copies of the notice to all ‘relevant persons’; the relevant persons for North Kesteven are: Lincolnshire Police Alcohol Licensing Team, Myle Cross Centre, Macaulay Drive, Lincoln, LN2 4EL and the Environmental Health Team, North Kesteven District Council, District Council Offices, Kesteven Street, Sleaford, NG34 7EF no later than ten working days before the event period (for a ‘standard’ TEN). (Not applicable if you are applying and paying online, we will inform the police and environmental health in these cases).
A relevant person who receives a notice and believes that the event would undermine one or more of the licensing objectives can serve an objection notice on the licensing authority and the premises user. This notice must be served within 3 working days following the day of receipt the temporary event notice.
We must hold a hearing if an objection notice is served in relation to a ‘standard’ TEN. We may issue a counter notice if we consider it appropriate for the promotion of the licensing objectives. A decision must be made at least 24 hours before the beginning of the event. We may impose one or more conditions on the TEN if it is appropriate for the promotion of the licensing objectives and the conditions are already imposed on a premises licence or club premises certificate that has effect in respect of the same premises, or any part of the same premises, as the TEN.
A Relevant Person may modify the TEN with the consent of the premises user. In such a case an objection notice will be deemed to have been withdrawn.
Counter notices may be issued by the licensing authority if the number of permitted TENs has been exceeded.
Will tacit consent apply?
Yes. A temporary event may be held as long as the notice has been properly given and there is no objection from a relevant person within 3 working days of receipt of the notice.
Failed application redress
Please contact us in the first instance.
If a counter notice is given in relation to an objection notice the applicant may appeal against the decision. Appeals must be made to the local Magistrates’ court within 21 days. An appeal may not be brought later than five working days from the day of the planned event. There is no right of appeal against a Counter Notice issued in respect of an objection by a relevant person to a ‘late’ TEN.
Licence holder redress
Please contact us in the first instance.
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Citizens Advice Consumer Helpline will give you advice. From outside the UK contact the UK European Consumer Centre.
If a licensing authority decides not to issue a counter notice in relation to an objection notice the relevant person can appeal the decision. Appeals must be made to the local Magistrates’ court within 21 days. An appeal may not be brought later than five working days from the day of the planned event.