How to Get a Licence for a One-Off Event
As Britain seems to be heading for an Indian summer this year (well we can hope can’t we!) many leisure outlets are trying to draw the crowds with one off events, from Michael Jackson Tribute Nights to open air theatre. Looking through the local paper there seems to be more events this summer than ever before.
But for event organisers there are some legal hoops to jump through before the Pimm’s gets mixed or the band booked.
In this article
licensing solicitor Nigel Musgrove provides advice on the specific legal approval you need, how to obtain it and some restrictions you need to be aware of.
If you already run a licensed premises and therefore have a premises licence you may find you already have the necessary paperwork in place. Although it is worth checking – for example if you want to extend opening hours or add an activity (maybe you have a live band) you may need a Temporary Event Notice as explained below.
Those organising a one-off event who do not have a premises licence and don’t feel it’s necessary to obtain one will need to obtain a Temporary Event Notice (TEN) if they wish to carry out any licensable activity.
Licensable activities include the sale of alcohol; live and recorded music and events including karaoke, live bands; plays; indoor sporting events and the sale of hot food and drinks after 11pm.
Getting a Temporary Entertainment Notice
You should download and complete a copy of the Temporary Event Notice form from the Department for Culture, Media and Sport website – download a copy from the Government website here.
The form must be completed and delivered to the Licensing Authority, with the fee of £21, and at the same time delivered to the Police. The Licensing Authority will confirm the Police address for service.
The form must be in duplicate and delivered a minimum of 10 clear working days between service, namely receipt by the Licensing Authority, and the start of the event. If you have missed this deadline your Temporary Entertainment Notice will be invalid.
Do bear in mind that just sending the paperwork to the Licensing Authority isn’t enough – you must have a receipted copy of the Notice. Although the Licensing Authority are supposed to acknowledge receipt within 2 days, in our experience they rarely do so.
The Police can object if they consider that the event is likely result in crime or disorder.
If the Police do make an objection, the Licensing Authority must hold a hearing of the objection within 7 days, and either confirm the Temporary Entertainment Notice or agree with the Police and serve a Counter Notice, which will mean that the notice is invalid.
Get your application in early
In view of the delays usually experienced you are strongly advised to get your Temporary Entertainment Notice well in advance of the event, I would suggest 2 months. If the event concerned is a large one, or one likely to cause problems, you are advised to consult with the Licensing Authority and Police at the earliest opportunity.
Display your notice
If you manage to successfully negotiate the procedure, you must display the Temporary Entertainment Notice at your event.
You should also remember that if the Notice authorises the sale of alcohol, the applicant will be responsible for the sale of alcohol and any offences that occur. They do not have to personally supervise each sale of alcohol, but I would strongly recommend that they give written authority to each member of staff selling alcohol, who obviously must all be over the age of 18.
Restrictions on Temporary Entertainment Notices
Although these notices might seem a useful way to avoiding getting or extending a full Premises Licence that isn’t quite the case as these restrictions explain:
- The event must not last more than 96 hours.
- The particular premises to be used can only be used under a TEN for 15 days each calendar year. And note that if an event starts say at 11pm and goes on until 2am, that counts as 2 days!
- The particular premises can only used under a maximum of 12 Tens in a calendar year.
- The number of people on the premises at any time must not exceed 499, including all staff and performers, so everyone.
- If it is the holder of a Personal Licence who gives a TEN, they can only give a maximum of 50 in a calendar year.
- Anyone else who gives a TEN, and that includes clubs with a Club Registration Certificate with no Personal Licence holder, can only give a maximum of 5 TENs in a calendar year.
If you exceed these limits then you will have to either vary your existing Premises Licence to cover your requirements, or apply for a new Premises Licence. For advice on licence applications of to take advantage of our fixed fee licensing applications service contact Nigel Musgrove of Cousins Business Law on 01285 847001.
Article added: 19 August 2009 © Cousins Business Law
This article is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free 30-minute telephone advice session to discuss your particular circumstances.
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