Amended guidance issued under section 182 of the Licensing Act ...

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STANDARD AND LATE TEMPORARY EVENT NOTICES7.14 There are two types of TEN; a standard TEN and a late TEN. These are subject to differentprocesses:• a standard notice is given no later than 10 working days before the event to which itrelates; and• a late notice is given not before 9 and not later than 5 working days before the event.STANDARD TEMPORARY EVENT NOTICES7.15 “Ten working days” (and other periods of days which apply to other requirements in relationto TENs) exclude the day the notice is received and the first day of the event. Working daysare Monday to Friday excluding Christmas Day, Good Friday and other Bank Holidays. Anotice that is given less than 10 working days before the event to which it relates, when thepremises user has already given the permitted number of late TENs in that calendar year,will be returned as void and the activities described in it will be not be authorised.7.16 The police and local authority exercising environmental health functions have a period ofthree working days from when they are given the notice to object to it on the basis of any ofthe four licensing objectives.7.17 Although ten clear working days is the minimum possible notice that may be given, licensingauthorities should publicise their preferences in terms of advance notice and encouragepremises users to provide the earliest possible notice of events planned by them. Licensingauthorities should also consider publicising a preferred maximum time in advance of anevent by when TENs should ideally be given to them.LATE TEMPORARY EVENT NOTICES7.18 Late TENs are intended to be used by premises users who are required for reasons outsidetheir control to, for example, change the venue at short notice. They should not be usedsave in exceptional circumstances.7.19 As for a standard TEN, the police and local authority exercising environmental healthfunctions have a period of three working days from when they are given the notice to objectto it on the basis of any of the four licensing objectives. If there is an objection from eitherthe police or local authority exercising environmental health functions, the event will notgo ahead. In these circumstances there is no scope for a hearing or the application ofexisting conditions.7.20 Late TENs can be given up to five working days but no earlier than nine working days beforethe event is scheduled and, unless given electronically to the licensing authority, must alsobe sent by the premises user to the police and local authority exercising environmentalhealth functions. A late TEN given less than five days before the event to which it relatesAMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200343
will be returned as void and the activities to which it relates will not be authorised. Thenumber of late TENs that can be given in a calendar year is limited to ten for personallicence holders and two for non-personal licence holders. Late TENs count towards thetotal number of TENs (for example, the limit of five TENs per year for non-personal licenceholders and 50 TENs for personal licence holders). Once these limits have been reached,the licensing authority should issue a counter notice (permitted limits) if any more are given.ROLE OF THE LICENSING AUTHORITY7.21 The licensing authority must check that the limitations set down in Part 5 of the 2003 Actare being observed and intervene if they are not (see paragraph 7.7 above). For example,a TEN would be void unless there is a minimum of 24 hours between events notified bythe same premises user, or an associate, or someone who is in business with the relevantpremises user, in respect of the same premises. This is to prevent evasion of the seven-day(or 168 hour) limit on such events and the need to obtain a full premises licence or clubpremises certificate for more major or permanent events. In addition, for these purposes, aTEN is treated as being from the same premises user if it is given by an associate.7.22 The 2003 Act defines an associate, in relation to the premises user, as being:• the spouse or civil partner of that person;• a child, parent, grandchild, grandparent, brother or sister of that person;• an agent or employee of that person; or• the spouse or civil partner of a person listed in either of the two preceding bullet points.7.23 A person living with another person as their husband or wife, is treated for these purposesas their spouse. ‘Civil partner’ has its meaning in the Civil Partnership Act 2004.7.24 Where the application is not within the statutory parameters described earlier, the licensingauthority will issue a counter notice to the premises user.7.25 Where the TEN is in order, the relevant fee paid, the event falls within the prescribed limitsand there has been no objection from the police or local authority exercising environmentalhealth functions on the basis of any of the four licensing objectives, the licensing authoritywill record the notice in its register and send an acknowledgement to the premises user(which may be given electronically).7.26 If the licensing authority receives an objection notice from the police or local authorityexercising environmental health functions that is not withdrawn, it must (in the case of astandard TEN only) hold a hearing to consider the objection (unless all parties agree thatthis is unnecessary). The licensing committee may decide to allow the licensable activitiesto go ahead as stated in the notice. If the notice is in connection with licensable activitiesat licensed premises, the licensing authority may also impose one or more of the existing44 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
Page 4: Contents1. Introduction............
Page 7: LICENSING POLICIES1.11 Section 5 of
Page 11 and 12: 2.10 A condition must also be capab
Page 13 and 14: • Ensuring appropriate and freque
Page 15 and 16: SAFE CAPACITIES2.28 “Safe capacit
Page 17 and 18: 2.38 Measures to control light poll
Page 19 and 20: 2.49 The 2003 Act provides that, wh
Page 21: alcohol to its customer, an authori
Page 25: --have given an objection notice be
Page 28 and 29: 4.26 Only one DPS may be specified
Page 32 and 33: y the licence, it would be necessar
Page 34 and 35: to the statutory conditions in resp
Page 36 and 37: VEHICLES5.19 Under the 2003 Act, al
Page 38 and 39: 5.29 Venues that are permanent or p
Page 40 and 41: 6.7 The 2003 Act does not prevent v
Page 42 and 43: 7. Temporary event notices (TENs)7.
Page 46 and 47: licence conditions on the TEN (inso
Page 48 and 49: 8. Applications for premises licenc
Page 50 and 51: Executive and local authority healt
Page 52 and 53: premises licences may be found eith
Page 54 and 55: • the required fee (details of fe
Page 56 and 57: 8.41 All parties are expected to wo
Page 58 and 59: variations, there is no right to a
Page 60 and 61: LICENSING HOURS8.62 Variations to t
Page 62 and 63: unenforceable. This would be accept
Page 64 and 65: 8.81 Licensing authorities in Wales
Page 66 and 67: 8.93 When a person applies for a pr
Page 68 and 69: to take place pending a formal appl
Page 70 and 71: 9.5 It is for the licensing authori
Page 72 and 73: may (in a case where it has applied
Page 74 and 75: HEARINGS9.27 Regulations governing
Page 76 and 77: considered on a case-by-case basis.
Page 78: CONSISTENCY WITH STEPS DESCRIBED IN
Page 81 and 82: 10.27 Licensing authorities may wis
Page 83 and 84: prohibit a number of types of drink
Page 85 and 86: 10.50 The following factors should
Page 87 and 88: alcohol included in it or not targe
Page 89 and 90: 10.70 As well as making the drinks
Page 91 and 92: 11. ReviewsTHE REVIEW PROCESS11.1 T
Page 93 and 94: 11.12 If the application for a revi
Page 95 and 96:
11.22 For example, licensing author
Page 97 and 98:
• for unlawful gambling; and• f
Page 99 and 100:
LICENSING POLICY STATEMENTS AND SEC
Page 101 and 102:
13. Statements of licensing policy1
Page 103 and 104:
13.12 Statements of policies should
Page 105 and 106:
EVIDENCE OF CUMULATIVE IMPACT13.23
Page 107 and 108:
EFFECT OF SPECIAL POLICIES13.29 The
Page 109 and 110:
• Police enforcement of the gener
Page 111 and 112:
the 2003 Act and any licence or cer
Page 113 and 114:
PROMOTION OF EQUALITY13.59 A statem
Page 115 and 116:
14. Suspension for non-payment of f
Page 117 and 118:
15. Live music and regulated entert
Page 119 and 120:
audience and are provided to, at le
Page 121 and 122:
SPONTANEOUS MUSIC, SINGING AND DANC
Page 123:
Published by TSO (The Stationery Of
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