Temporary Event Notices

Temporary Event Notices

The Licensing Act 2003 introduced Temporary Event Notices (TEN) to allow for small one off events or situations where a Premises Licence does not meet the needs of a particular function and/or a particular night.

For example: a TEN may be required for a party in a marquee for an unlicensed field or a TEN may be used for a function where an existing Premises Licence only permits a terminal hour of 11 pm and a client wishes a party to be until 1 am.

To prevent the Temporary Event system being mis-used there are a number of limitations to their use:

1.         The maximum number of people who can attend the event is 499 which    includes staff and any performers.  If there are to be 500 or more at an event a Premises Licence must be applied for.

2.         The maximum number of events for any one premises is 12.(It is possible to permit 12 events per room in a premises – please contact us for further information and advice)

3.         A TEN can last for up to 96 hours (7 days)

4.         There must be at least 24 hours between events.

5.         A Personal Licence holder can give up to 50 Temporary Event Notices, a non- Personal Licence Holder can only give 5.

No actual permission is required for a TEN.  If the Notification is properly made within the above limits the event becomes a “permitted temporary event”.

If the limitations above are exceeded then the Licensing Officer will issue a counter notice which effectively prevents the event from happening.

The Notification is sent to the Licensing Authority, Police and Environmental Health Officer and provided no counter notice is issued the Licensing Officer will acknowledge the Notice by signing and sending it back to the Applicant.

If the Police or Environmental Health officer wish to object to the TEN a hearing must be held at least twenty-four hours before the event unless agreement can be reached beforehand.

Where objections are received from the Police or Environmental Health, conditions can be imposed on the TEN which can be the same as those already imposed on any existing Premises Licence for the same premises to which the TEN relates.

There is a right of appeal to the Magistrates’ Court for the police and the applicant, however, late service of any Notification before an event may make appealing a decision difficult.

Late Temporary Event Notifications

It is now possible to apply for “late” Temporary Event Notices by giving a minimum of five working days notice.  Hills Licensing recommends advising the Licensing Officer and Police that you are making such a notification.

There is a limit of 10 Late TENs each calendar year for an individual holding a Personal Licence, and 2 for those who don’t

However, careful consideration must be given to the use of “late” TENs as once the limit on the number of Late Temporary Event Notices has been reached, then no more Temporary Event Notices can be given at all, ie., once a Personal Licence Holder has given 10 Late Temporary Event Notices, although they have not reached their limit of 50, they cannot make any more.

Please contact us email, sally@hillslicensing.co.uk if you need any assistance with any of the matters referred to above.

What happens if I breach my Premises Licence Conditions?

What happens if I breach my Premises Licence Conditions?


When a Premises Licence or Club Premises Certificate is granted offences can be committed if the premises are operated outside the licensable activities granted.  Examples would include selling alcohol outside the hours stated on the Premises Licence or breach of any condition stated on the Licence.
There are also specific guidelines about the presence of a Personal Licence Holder on site.   All sales of alcohol must be made or authorised by a Personal Licence Holder.

It would be good practice to ensure that the persons authorised to sell alcohol are clearly identified by either a letter of delegated authority from the Designated Premises Supervisor or other such document as specified by the Premises Licence Holder.  This document will go a long way to show due diligence and knowledge of the Licensing laws although it may not convince all authorities.
There should also be in place sensible arrangements for monitoring the staff by the Personal Licence Holder of those authorised to make sales on his or behalf on a regular basis.

The offences above carry a period of imprisonment of six months or a fine of £20,000 or both. There is a defence available of due diligence i.e. that reasonable steps had been taken to avoid commission of the offence.

It is also an offence to possess alcohol with the intention to sell it (without a Licence).
This offence again applies to all types of premises and carries a fine of up to £500

Please contact us by email, sally@hillslicensing.co.uk if you need any assistance with any of the matters referred to above.

What is a Late Night Levy?

What is a Late Night Levy?

A Licensing Authority can introduce a Late Night Levy if it considers it is ‘appropriate’ to raise revenue in relation to the costs of policing crime and disorder related to the sale and supply of alcohol in a specified area between midnight and 6 am.
The Licensing Authority (Council) can specify the time (sometime between midnight and 6 am) which if any premises is authorised to sell alcohol they will be liable to pay the Late Night Levy whether or not they choose to do so, ie, after 1 am. The amount of the Levy depends on the rateable value of your property and varies enormously from £299 to many thousands of pounds.
Even if you trade for only one day a week beyond the “specified time” you are liable to pay the full Levy.
If a Council has introduced the Late Night Levy the fee is payable 14 days after the grant of any Premises Licence, Club Premises Certificate or Variation beyond the “specified time” and is payable on an annual basis on the same day each year. If the Levy is not paid by the due date then similar to the payment of the annual fee, the Premises Licence can be suspended.
Councils do have a discretion to allow certain type of licensed premises to be exempt from the Late Night Levy provided the Licence contains certain conditions. For example premises such as hotels, theatres and country village pubs (which are within a designated rural settlement with a population of less than 3,000) may be exempted.
New Year’s Eve is included as a discretionary exemption.
It is the intention that the Council would then use part of the Levy (30% maximum after the admin and management of the system are deducted) for the management of the night-time economy, and for services that prevent and deal with alcohol related crime and disorder.

Please contact us by email, sally@hillslicensing.co.uk if you need any assistance with any of the matters referred to above.

Why Personal Licence Training is important

Why Personal Licence Training is important
The sale of alcohol to a child or young person (that is to say, a person aged under 18) is an offence which may lead to a fine of up to £10,000 and/or a term of imprisonment not exceeding three months. Such a sale could also lead to a Review of the Premises Licence and could result in the Licence being suspended or revoked.

All premises should operate an ‘age verification policy’, the terms of which must require production of an acceptable proof-of-age document if you are in any doubt as to whether a person seeking to buy alcohol is less than 18 years of age.

Only the following documents are acceptable for proof-of-age purposes:
• A passport
• A European Union photocard driving licence
• A proof of age card bearing a PASS hologram

If no such document is produced or if you have a suspicion that the document presented is not genuine, or has been tampered with or has been altered, then you must refuse the sale or refuse to authorise the sale.
To ensure that compliance with the above it is recommended that a suitable training course is obtained.
The British Institute of Innkeeping Awarding Body (BIIAB) is a specialist provider of qualifications for the licensed retail industry.  They are also the market leading provider of the Award for Personal Licence Holders, the qualification needed in England & Wales to obtain a Personal Licence for the retail sale of alcohol BIIAB qualifications are demanded by the licensed retail industry and recognised by the Police, local authorities, national & local government and others.
The course syllabus has been set by government to enable candidates to understand the law in relation to :
· the roles, responsibilities and functions of licensing authorities within the framework of the licensing objectives
• the application process for a personal licence
the role and legal responsibilities of the personal licence holder, and the penalties relating to failure to comply with the law
• the premises licence
• the content and purpose of operating schedules
• the role and duties of the designated premises supervisor
• unauthorised and temporary licensable activities
• rights of entry to licensed premises
• police powers with regard to suspension and closure of licensed premises
• the specific prohibitions for the sale of alcohol
• the strengths of alcoholic drinks, and the effects of alcohol on the human body
• the protection of children from harm
• the responsible retail sale of alcohol.
Most courses are run over one day with the results obtainable the next working day.

Please contact us by email, sally@hillslicensing.co.uk if you need any assistance with any of the matters referred to above.