Posted: Wednesday, 21 November 2018 @ 12:29
Christmas is only a month away so if you have not yet applied for any TENs (Temporary Event Notices) for any events which are not covered by a Premises Licence, then you need to act now. Soon it will be too late.
This year at least Christmas Eve and New Years Eve do not fall on a weekend, but there are circumstances where you may need to apply for a TEN. First of all, if you do not have a Premises Licence and you wish to undertake any licensable activity at an event. The licensable activities are the sale of alcohol, regulated entertainment, and late night refreshment. Secondly, you may have a Premises Licence, but does it allow all the licensable activities you want to carry out? And thirdly, do the hours for each activity meet your needs? Also look out for any special conditions which may interfere with your planned event as you could get these removed for a specific event by giving a TEN.
My advice is to check your Premises Licence conditions now and if you need to give a TEN then act quickly to allow for any possible objections needing negotiation or a hearing. You can apply on-line paying the fee of £21. If you apply by post or hand delivery of a hard copy the form must be sent to the Licensing Authority with an extra copy, and you must also deliver a copy the police and local environmental health officer.Either way the application must be 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 you can serve a late notice no earlier than 9 clear days and no later than 5 clear days before the event. But the later you leave it there is more likelihood of an objection from the police, and little or no time for any negotiation or hearing.
Before you proceed check your TEN or TENs will be within your calendar year entitlements. If you don't have a Personal Licence your maximum TENs per calendar year is only 5. If you hold a Personal Licence your maximum is 50, but note that each particular premises can only be the subject of 15 in a calendar year, and these must not exceed 21 days in total. A TEN starting before midnight and ending in the next day will count as 2 days. A TEN for each individual event can last up to 7 days, and there must be a minimum of 24 hours between each TEN.
For a more detailed explanation see my article on licensing of temporary events.
Blog by Nigel Musgrove
Nigel has been providing dispute resolution advice as a solicitor for over 35 years. As well as advising SMEs and business owners on disputes he also offers a specialist licensing law service. View profile
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