RCC- Temporary Events Notices - Rutland County Council

Rutland County CouncilLicensing Act 2003 - Guidance Fact SheetTemporary Events NoticesBACKGROUND TO THE LICENSING ACT 2003Purpose of the ActThe overall aim was to modernize the legislation governing the sale and supply ofalcohol and public entertainment licensing so that:• Various existing pieces of legislation were brought under a single act• Licensing decisions are made according to local considerations• Licensing hours were deregulated (i.e. the previous restrictions on the hourswhen alcohol could be sold were removed)Licensing objectives - The Act lays out 4 licensing objectives:The prevention of crime and disorderThe protection of children from harmPublic safetyThe prevention of publicnuisanceA Temporary Event Notice (TEN) is a notification given by an individual to RutlandCounty Council giving notice of an event that is to take place. TENs replaced the'occasional permissions' and 'occasional licences' systems and relate to temporaryevents with no more than 499 attendees where 'licensable activities' are planned totake place.Licensable activities are: -• The sale of alcohol by retail• The supply of alcohol by or on behalf of a club to, or to the order of, amember of a club• The provision of regulated entertainment• The provision of late night refreshment(i.e. The provision of hot food or drink for consumption on or off premisesbetween 11pm & 5am.)

Criteria for TENsThe person giving the Temporary Event Notice is known as the Premises User.• The premises user must be over 18 years old• Personal licence holders may give up to 50 notices per year• Non personal licence holders may only give up to five notices per year• Each event may last no more than 96 hours and there must be at least 24hours between events.• No premises may be used more than twelve times per calendar year.• No premises may be used for greater than 15 days per calendar year in total.• No more than 499 persons attending the eventA TEN is treated as being from the same premises user even if it is given by anassociate. The Act defines an associate as being a spouse, child, parent, grandchild,grandparent, brother or sister or their spouses or agent or employee of that person ortheir spouse.Provided that the criteria set out above are met, only the police may intervene toprevent an event covered by a TEN notice taking place or agree a modification of thearrangements for such an event and then only on crime prevention grounds.In circumstances where the above criteria are not met a full Premises Licence will berequired.Procedure for giving a Temporary Event NoticeThe premises user will be required to provide both Rutland County Council and theChief Officer of Police, with a notice at least ten working days prior to the eventcommencement date. Rutland County Council will encourage premises users wherepossible to give notice earlier than the 10 working days limit to ensure that there areno delays. The current fee for a Temporary Event Notice is £21.The Rutland County Council considers that it is important that the police havesufficient time to properly evaluate the likely impact of a temporary event. Whereinsufficient notice of the event is given this may lead to objections being made thatmay have been unnecessary if a fuller evaluation had been possible. Equally, ifnotice of an event is given too far in advance it may be difficult to evaluate becauseof future uncertainty.The Council would therefore suggest as best practice that a temporary event notice isserved between one and two months ahead of the event taking place.The notice will include:• The licensable activities that will take place• The period during which it is proposed to use the premises for those activities• The times during the event period when licensable activities are to take place• The maximum number of persons to be allowed on the premises at any onetime (not exceeding 499)• If the supply of alcohol is involved, whether the supplies will be forconsumption on or off the premises or both

• Where the licensable activities include the supply of alcohol, the condition thatall such supplies are made by or under the authority of the premises userRutland County Council will either acknowledge receipt of the notice or, if the eventdoes not meet the criteria set out above, provide a counter notice saying that theevent cannot go ahead.Police ObjectionsIf the police believe that allowing the event will undermine the licensing objective onpreventing crime and disorder, they must, no later than 48 hours after being given acopy of the TEN, give the premises user and Rutland County Council an objectionnotice.The police with the agreement of the premises user can modify the TEN in whichcase the counter notice issued by Rutland County Council will be withdrawn.Otherwise Rutland County Council must hold a hearing to consider the notice at least24 hrs before the event.Discussions prior to submitting a TENWhere it is proposed to hold a major event, organisers are asked to contact RutlandCounty Council at an early stage before a formal notice is made. This will enable thepolice to consider and discuss with organisers their operating schedule and avoidpotential objections and hold ups.Planning LawsThe giving of a temporary event notice does not relieve the premises user from anyrequirements under planning law for appropriate planning permission where it isrequiredChildrenUnder the Act it will be unlawful to allow any unaccompanied child under the age of16 to be present on premises where the TEN is exclusively or primarily used forsupply and consumption of alcohol. It will also be unlawful to permit children under 16not accompanied by an adult between midnight and 5 a.m. into any premisesoperating under a TEN supplying alcohol for consumption.Police PowersThe police have the power to close down events with no notice on grounds ofdisorder, the likelihood of disorder or because of public nuisance caused by noisecoming from the premises.

TENs for premises that already hold a Premises LicenceTENs can be given for premises that already hold a Premises Licence or a ClubPremises Certificate. For example to use a pub for an event involving regulatedentertainment such as for a wedding, where the premises licence does not authorisesuch a provision of regulated entertainment. Also it could be used where thepremises wants to stay open later than is specified on their Premises Licence for aparticular event.Forms and FeesThe prescribed forms for applications and the various fees and charges are postedon this site.Further information on the Licensing Act 2003 may be obtained from thefollowing websitesRutland County Council’s website at www.rutland.gov.uk/la2003Government Department for Culture, Media and Sport at www.culture.gov.ukThe Institute of Licensing at www.instituteoflicensing.orgYou can write to us at:Community Services DepartmentRutland County CouncilCatmoseOakhamRutlandLE15 6HPEmail: licensing@rutland.gov.ukPhone: 01572 722577Fax: 01572 758472Internet: www.rutland.gov.uk