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

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licence conditions on the TEN (insofar as such conditions are not inconsistent with theevent) if it considers that this is appropriate for the promotion of the licensing objectives. Ifthe authority decides to impose conditions, it must give notice to the premises user whichincludes a statement of conditions (a “notice (statement of conditions)”), and provide acopy to each relevant party. Alternatively, it can decide that the event would undermine thelicensing objectives and should not take place. In this case, the licensing authority mustgive a counter notice.7.27 Premises users are not required to be on the premises for the entire duration of the eventauthorised by the TEN, but they will remain liable to prosecution for certain offences thatmay be committed at the premises during the period covered by it. These include, forexample, the offences of the sale of alcohol to a person who is drunk; persistently sellingalcohol to children; and allowing disorderly conduct on licensed premises.7.28 In the case of an event authorised by a TEN, failure to adhere to the requirements of the2003 Act, such as the limitation of no more than 499 being present at any one time, wouldmean that the event was unauthorised. In such circumstances, the premises user would beliable to prosecution.7.29 Section 8 of the 2003 Act requires licensing authorities to keep a register containingcertain matters, including a record of TENs received. There is no requirement to record allthe personal information given on a TEN.POLICE AND ENVIRONMENTAL HEALTH INTERVENTION7.30 The system of permitted temporary activities gives police and local authorities exercisingenvironmental health functions the opportunity to consider whether they should object to aTEN on the basis of any of the licensing objectives.7.31 Such cases might arise because of concerns about the scale, location, timing of the eventor concerns about public nuisance. However, in most cases, where (for example) alcohol issupplied away from licensed premises at a temporary bar under the control of a personallicence holder, (for example, at weddings or small social or sporting events) this should notgive rise to the use of these powers.7.32 Each of the police and local authority exercising environmental health functions (as anauthorised person) have the right under sections 109(5) and (6) of the 2003 Act to requestthe premises user to produce the TEN for examination. If the police do not intervene whena TEN is given, they will still be able to rely on their powers of closure under Part 8 of the2003 Act should disorder or noise nuisance be expected or arise.7.33 If the police or local authority exercising environmental health functions believe that allowingthe premises to be used in accordance with the TEN will undermine the licensing objectives,they must give the premises user and the licensing authority an objection notice. Theobjection notice must be given within three working days of their receipt of the TEN.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200345
7.34 Where a standard TEN was given, the licensing authority must consider the objection at ahearing before a counter notice can be issued. At the hearing, the police, local authorityexercising environmental health functions and the premises user may make representationsto the licensing authority. If the police and/or local authority exercising environmental healthfunctions give an objection to a late notice, the TEN will not be valid.7.35 The police or local authority exercising environmental health functions may contact thepremises user to discuss their objections and try to come to an agreement which will allowthe proposed licensable activities to proceed. The TEN can be modified. If there is noagreement, the licensing authority must hold a hearing to consider the notice.46 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 44 and 45: STANDARD AND LATE TEMPORARY EVENT N
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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