| Licence summary |
For postal applications, forms can be
downloaded from here or
from the Home
Office (see "apply by post" section
below).
Before an ad-hoc event including licensable activities
takes place in England or Wales, the local licensing authority
(for the place where the activities are planned to take
place) must be given Notice that "licensable
activities" are planned. A Temporary Event Notice can be
submitted online, or by post.
It is an offence to offer
unauthorised licensable activities, punishable on conviction by a
fine of up to £20,000 and or six months' imprisonment.
An individual can give a
temporary event notice (TEN) to the licensing authority
for the area, no later than ten clear
working days before the event (this does not include either
the day we receive it, or the day of the event). We
strongly recommend that at least six weeks' notice be given to
allow time for problems to be resolved.
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, a member of a club
- The provision of regulated entertainment
- The provision of late night refreshment (the supply of hot food
or hot drink to the public between 11pm and 5am)
A Temporary Event Notice (TEN) is a notification given by an
individual to Malvern Hills District Council, giving notice of
‘licensable activities’ that are planned to take place.
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| Eligibility Criteria |
Although there is to be “exceptionally light touch bureaucracy”,
the law adds a number of limitations:
- The person giving the TEN must be aged 18 years or over.
- No premises (even public houses) may have more than 12
temporary events in any calendar year (the period between 1 January
to 31 December).
- No premises may be used on more than 15 days per calendar year
in total (an event that spans midnight counts as 2 days*).
- Personal licence holders may give up to 50 notices per calendar
year (but these would have to be spread over at least five
different premises as only 12 TENS can be given to any one premises
in a year).Non- personal licence holders can only give up to 5
notices per year.
- Each event may last no more than 96 hours.
- No more than 499 persons can attend the event.
There must be at least 24 hours between events notified by the
premises user – or by a relation or business associate of that
person - in respect of the same premises.
Where the Police object to a TEN on grounds of crime and
disorder – or where the limitations above aren’t met, a decision as
to whether or not the TEN will be accepted will be made by
Licensing Sub-Committee. If only ten day’s notice of the event has
been given, we may not be aware of problems until a few days before
the proposed event. Since a decision has to be given 24 hours
before the proposed event, there will be little notice possible in
arranging the hearing.
An activity that can be licensed must be carried out as detailed
in a notice that must be given.
The notice must be in a specific format and must be made by
someone over 18 years of age. NB the "online" forms can NOT
be used to make a postal application.
The notice should contain:
- if alcohol is to be supplied, a statement confirming that it is
a condition of using the premises that the supplies are made under
the premises user's authority
- a statement relating to certain matters
- any other required information
The matters referred to above are:
- details of the licensable activities
- the event period
- the times when during that period the activities will take
place
- the maximum number of people proposed to be allowed on the
premises
- any other required matters
|
| Regulation Summary |
Read the
legislation
|
| Application Evaluation
Process |
The TEN must be given in writing, in duplicate, to the local
authority at least ten working days before the event. A fee is
payable with the notice (currently £21, cheques payable to Malvern
Hills District Council).
The local authority will acknowledge receipt of the notice by
giving a notice to the premises user before the end of the first
working day it was received or before the end of the second working
day if the day the notice was received is not a working day.
The premises user must also give notice to the Licensing
Officer, Police Station, West Mercia Constabulary, Habberley Road,
Kidderminster, DY11 6AN no later than ten working days before the
event period.
The chief police officer who receives a notice and believes that
the event would undermine crime prevention objectives can serve an
objection notice on the licensing authority and the premises user.
This notice must be served within 48 hours of receipt of the
temporary event notice.
The local licensing authority must hold a hearing if an
objection notice is served. They may issue a counter notice if it
considers it necessary for the promotion of crime prevention
objective. A decision must be made at least 24 hours before the
beginning of the event.
A police chief may modify the TEN with the consent of the
premises user. In such a case an objection notice will be deemed to
have been withdrawn.
Counter notices may be provided by the licensing authority if
the number of permitted TENs has been exceeded.
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| Will Tacit Consent Apply? |
Yes. A temporary event may be held as long as the notice has
been properly given and there is no objection from the Police
within 48 hours of receipt of the notice. You
can contact us online
here if you applied through the UK Welcomes service or use the
contact details below.
|
| Apply online |
On line facilities are provided by the national
"Business Link" website - we are unable to assist with technical
difficulties.
You must have the latest version of Acrobat Reader (free) for
the service to operate, and will be required to register with the
Government Gateway (free). Payment is taken securely online
by our partners, Civica.
Submit a Temporary Event Notice
Online.
Please note that if you
encounter problems using the online process above, you can NOT
use the downloaded form to apply by post.
|
| Apply by post |
A TEN can be obtained by delivering two copies of a completed
(postal) application to us, together with the correct fee
(£21), at least ten clear working days before the event.
Please use a "large packet" stamp to be sure your Notices
arrive.
In common with other applications made under the Licensing Act
2003, application forms can be downloaded from
the Home
Office - or download one here. Please note that you can NOT use
the "online" application form to make a postal application.
Please send one copy
to: Licensing Officer, Police Station, West Mercia
Constabulary, Habberley Road, Kidderminster, DY11 6AN
Please send two copies plus
payment to: Worcestershire Regulatory Services
(Licensing), Malvern Hills District Council, The Council House,
Avenue Road, Malvern, Worcestershire WR14 3AF
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| Failed Application Redress |
Please contact us in the first instance.
If a counter notice is given in relation to an objection notice
the applicant may appeal against the decision. Appeals must be made
to the local Magistrates' court within 21 days. An appeal may not
be brought later than five working days from the day of the planned
event.
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| Licence Holder Redress |
Please contact us, in the first instance.
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| Consumer Complaint |
We would always advise that in the event of a complaint the
first contact is made with the trader by you - preferably in the
form a letter (with proof of delivery). If that has not worked, if
you are located in the UK, Consumer Direct will give
you advice. From outside the UK contact the UK European Consumer Centre.
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| Other Redress |
If a licensing authority decides not to issue a counter notice
in relation to an objection notice the chief police officer can
appeal the decision. Appeals must be made to the local Magistrates'
court within 21 days. An appeal may not be brought later than five
working days from the day of the planned event.
Anyone suffering nuisance due to noise, smells or similar
because of a commercial premises should contract the Worcestershire
Hub phone number 01684 862151
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| Trade Associations |
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