Introduction

Temporary Event Notices replaced the ’occasional permissions’ and occasional licences’ systems issued by the Licensing Justices at your local Magistrates' Court and relate to temporary events with less than 500 attendees where ’licensable activities’ are planned to take place.

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 (hot food or drink for consumption on or off premises between 11pm & 5am.)

Criteria

• The person giving the Temporary Event Notice, the ‘premises user’, must be over 18 years old
• Personal licence holders may give up to 50 notices per year
• Non personal licence holders may only give up to five notices per year
• Each event may last no more than 96 hours
• No premises may be used more than twelve times per calendar year.
• No premises may be used for greater than 15 days per calendar year in total.
• No more than 499 persons attending the event

Additional Limitations

There must be at least 24 hours between events notified by the premises user in respect of the same premises. In addition a TEN is treated as being from the same premises user even if it is given by an associate. The Act defines an associate as being a spouse, child, parent, grandchild, grandparent, brother or sister or their spouses or agent or employee of that person or their spouse.

Provided that the above criteria are met, only the police may intervene to prevent an event covered by a TEN notice taking place or agree a modification of the arrangements for such an event and then only on crime prevention grounds.

In circumstances where the above criteria are not met a full Premises Licence will be required

Procedure for giving a Temporary Event Notice

The premises user will be required to provide both Ashfield District Council and the Chief Officer of Police, with a notice at least ten working days prior to the event, excluding the day the notice is submitted and the day of the event. The Council requires a copy, in addition to the original notice and the fee of £21.00 and the police require just one copy.

The Council will encourage premises users where possible to give notice earlier than the 10 working days limit to ensure that there are no delays.

The notice will include:
• 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 when licensable activities are to take place;
• The maximum number of persons (being less than 500) to be allowed on the premises at any one time;
• If the supply of alcohol is involved, whether the supplies will be for consumption on or off the premises or both;
• Where the licensable activities include the supply of alcohol, the Temporary Event Notice must make it clear that such sales are made by or under the authority of the premses user.

The Council will either acknowledge receipt of the notice or, in consideration of any police objection, provide a counter notice saying that the event cannot go ahead.

Police Objections

If the police believe that allowing the event will undermine the licensing objective on preventing crime and disorder, they must, no later than 48 hours after being given a copy of the TEN, give the premises user and the Council an objection notice.

The police with the agreement of the premises user can modify the TEN in which case the counter notice issued by the Council will be withdrawn. If the counter notice is not withdrawn the Council must hold a hearing to consider the notice at least 24 hours before the event.

The police do have the power to close down events with no notice on grounds of disorder, the likelihood of disorder or because of public nuisance caused by noise coming from the premises.

Discussions prior to submitting a TEN

Where it is proposed to hold a major event, organisers are asked to contact the Council at an early stage before a formal notice is made. This will enable the police to consider and discuss with organisers their operating schedule and avoid potential objections and hold ups.

Planning Laws

The giving of a temporary event notice does not relieve the premises user from any requirements under planning law for appropriate planning permission where it is required.

Children

Under the Act it will be unlawful to allow any unaccompanied child under the age of 16 to be present on premises where the TEN is exclusively or primarily used for supply and consumption of alcohol.
It will also be unlawful to permit children under 16 not accompanied by an adult between midnight and 5 a.m. into any premises operating under a TEN supplying alcohol for consumption.

TENs for premises that already hold a Premises Licence

TENs can be given for premises that already hold a Premises Licence or a Club Premises Certificate. For example to use a pub for an event involving regulated entertainment such as for a wedding, where the premises licence does not authorise such a provision of regulated entertainment. Also it could be used where the premises wants to stay open later than is specified on their Premises Licence for a particular event.

Online Application

Will Tacit Consent Apply?

No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from Ashfield District Council within a reasonable period, please do not hesitate in contacting a member of the Licensing Team

Trade Associations

Address for the Licensing Team

Address for the Nottinghamshire Police

If you have any queries please do not hesitate in contacting a member of the Licensing Team