Temporary Event Notices

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Presentation transcript:

Temporary Event Notices Aim To understand the limitations, notification process and purpose of a temporary event notice Learning Outcome Understand the law in relation to Temporary Event Notices. Assessment Criteria State what is meant by the term ‘permitted temporary activities’ State what a Temporary Event Notice (TEN) is State the law in relation to the frequency of permitted temporary activities State the circumstances under which the police and environmental health practitioners can object to a TEN 6 Temporary Event Notices

Permitted temporary activities Proposed event involving one or more licensable activities Event operated within limitations Licensable activities at premises without a premises licence Activities or times not covered by the premises licence Notice submitted by premises user A person must have a TEN if they intend to organise any licensable activity including the sale of alcohol. Applications to be made at least 10 working days (for a standard TEN) before event will take place: 2 copies to the licensing authority, one to police and one to environmental health. It is a condition that, where alcohol is sold, all sales are made by or under the authority of the person giving the notice – the premises user. The police or environmental health may object if it would undermine one or more of the licensing objectives. Duty to display: the copy of the TEN must be displayed prominently on the premises for the duration of the event or be available for inspection. It must be produced for a police officer or authorised officer of the licensing authority upon request. Failure to comply carries a level 2 penalty (£500).

Temporary Event Notices (TEN) Submitted by premises user to the licensing authority Two types of TEN: Standard TEN Notification to licensing authority must be made at least 10 working days prior to proposed event Late TEN The system is intended to give licensable activities held on a temporary and limited basis a light touch Where the licensable activities include the sale of alcohol, the notice must make it a condition of using the premises that sales are made by or under the authority of the premises user Notified to licensing authority at least 10 working days prior to the event: 2 copies to licensing authority 1 copy to police A notice submitted in writing: the premises user must send 2 copies to the licensing authority and 1 each to the police and environmental health (known as ‘relevant persons’) A notice submitted electronically: the premises user must send the notice to the licensing authority who must then send a copy to both police and environmental health Notification must be received by the licensing authority no earlier than 9 working days and no later than 5 working days prior to the scheduled event

Temporary Event Notices (TEN) A TEN may be submitted in writing or electronically If in writing must send: At least 1 copy to licensing authority 1 copy each to police and environmental health

Premises user limitations A PLH may submit 50 TENs including 10 late TENs Any other person aged 18 or over may submit 5 TENs including 2 late TENs Notices by associated persons are counted together

Permitted temporary activities Maximum 15 events per calendar year Duration of events up to 21 days per calendar year A minimum 24 hours between events Each event may last for up to 168 hours (7 days) The event must have fewer than 500 people attending at any one time Premises user must display notice or ensure it is available for inspection during the event If these limitations are exceeded then a premises licence will be needed. From 1 January 2016, the maximum number of permitted temporary events increased from 12 to 15. During a calendar year in England and Wales: a personal licence holder may submit 50 TENs including 10 late TENs a non-personal licence holder aged 18 may submit up to 5 TENs including 2 late TENs notices by associated persons counted together

Objection to a TEN 7 From police and environmental health officers Grounds for objection – all 4 licensing objectives Hearing to consider objection Right of appeal against objection Objections to a TEN may come from a ‘relevant person’. A relevant person is: chief officer of police for any police area in which the premises are situated the local authority exercising environmental health functions in the area the premises are situated The grounds for objection must be based upon concerns that the event undermines one or more of the licensing objectives Relevant persons have 3 working days in which to object to a standard or a late TEN Following an objection to a standard TEN a hearing may be required, unless all parties involved agree it is not necessary If an objection is made to a late TEN, a hearing will not take place and a counter-notice must be given at least 24 hours before the event date The premises user and relevant persons may have the right to appeal against the decision of the licensing committee following a hearing

How much do you know? During an event covered by a temporary event notice, the premises user has a legal responsibility to: keep 2 copies of the notice or ensure it is available for inspection clearly display the notice or ensure it is available for inspection print the notice on blue A4 paper and display it above the entrance The correct answer is B. ensure it is produced if requested by a local resident