04 September, 2006
There have been many developments and changes to the licensing laws since the Licensing Act 2003 came into force on 6 August 2005. One of the main impacts of the new licensing laws was to remove alcohol licensing from the remit of the Magistrate's Court and place the authority into the hands of the local Councils. Under the old laws, if a licensee wanted to put on a one-off event, they would apply for either an occasional license or an occasional permission to the Magistrate. However, under the new laws, if an event needs to take place that is not covered under the premises licence or club registration certificate, then a temporary event notice, or a TEN as they are more commonly known.
This applies not just to extra time for the sale of alcohol, but also to one-off entertainments which may not be covered by the full licence. In order to apply for a TEN, a notice must be served in duplicate on the local Council and a copy served on the Police, at least 10 working days before the event. This has caused problems so far for many applicants and it must be remembered that working days excludes Saturdays, Sundays and Bank Holidays, so you must count carefully. If the correct notice is not provided then the application can be rejected on a technicality.
However, remember that this not an application which can be accepted or rejected by the Council. It is a notice that is provided that this event will take place. The Council could only reject the application if there is a defect in it, such as service of a notice outside of the limits that will be discussed below. Only the Police can object to a TEN and then only on crime and disorder grounds and not on the hours requested.
Whilst the applications are fairly straight forward, they are lengthy and different Councils use different forms. You would be well advised to seek advice when completing the forms to ensure that everything is done correctly. It is often the case that these notices are applied for quite close to the event and therefore there is no margin for error.
As mentioned above, there are limits to the amount of TENs that can be applied for as follows:
With it widely being publicised in the newspapers that some shops are already decorating for Christmas, all joking aside the festive season will soon be upon us. Not doubt a large amount of TENs will be required, for one reason or another, and it is always best to be armed with the knowledge necessary to make the relevant application.
Tel 01254 222399 or email Adam Bromley