Temporary Event Notice Template

 

 

 

 

Information on the Licensing Act 2003 is available on the website of the Department for Culture, Media and Sport or from your local licensing authority. http://www.culture.gov.uk/alcohol_and_entertainment/default.htm   

 

Before completing this notice please read the guidance notes at the end of the notice. If you are completing this notice by hand please write legibly in block capitals. In all cases ensure that your answers are inside the boxes and written or typed in black ink. Use additional sheets if necessary.

 

You should keep a copy of the completed notice for your records.

 

You must send two copies of this notice to the licensing authority

An additional copy must be sent to the chief officer of police for the area in which the premises are situated.

 

The licensing authority will endorse one of the two copies and return it to you as an acknowledgement of receipt.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Temporary Event Notice

 

[Insert name and address of relevant licensing authority and its reference number (optional)]

 

I, the proposed premises user, hereby give notice under section 100 of the Licensing Act 2003 of my proposal to carry on a temporary activity at the premises described below.

 

1. The personal details of premises user Please read note 1

TITLE (delete as appropriate): Mr Mrs Miss Ms Other (please state)

Surname

Forenames

 

If relevant

PREVIOUS NAMES: Please enter details of any previous names or maiden names, if applicable. Please continue on a separate sheet if necessary.

TITLE: (delete as appropriate): Mr Mrs Miss Ms Other (please state)

Surname

Forenames

Please state your date of birth

Day

Mth

Yr

 

YOUR CURRENT ADDRESS: (We will use this address to correspond with you unless you complete the separate correspondence box below).

Post town

Post code

 

TELEPHONE NUMBERS:

Daytime

Evening (optional)

Mobile (optional)

FAX NUMBER (optional)

E-Mail Address (optional)

 

2. The premises

Please give the address of the premises where you intend to carry on the licensable activities or if it has no address give the Ordnance Survey references. Please read note 2

 

 

If you intend to use only part of the premises at this address or intend restricting the area to which this notice applies, please give a description and details below. Please read note 3

 

 

Please describe the nature of the premises below. Please read note 4

 

Please describe the nature of the event below. Please read note 5

 

 

 

 

 

 

3. The licensable activities

Please state the licensable activities that you intend to carry on at the premises (please mark an “X” next to the licensable activities you intend to carry on). Please read note 6

The supply of alcohol

The provision of regulated entertainment

The provision of late night refreshment

Please state the dates on which you intend to use these premises for licensable activities. Please read note 6

 

Please state the times during the event period that you propose to carry on licensable activities (please give times in 24 hour clock). Please read note 7

Please state the maximum number of people at any one time that you intend to allow to be present at the premises during the times when you intend to carry on licensable activities. Please read note 9

If the licensable activities will include the supply of alcohol, please state whether the supplies will be for consumption on or off the premises, or both (please mark an “X” next to the appropriate box). Please read note 10

On the premises only

Off the premises only

Both

 

4. Personal licence holders Please read note 11

Do you currently hold a valid personal licence?

(Please mark an “X” in the box that applies to you)

Yes

No

If “Yes” please provide the details of your personal licence below.

Issuing licensing authority

Licence number

Date of issue

Date of expiry

Any further details

 

 

 

 

 

 

 

 

 

 

5. Previous temporary event notices you have given Please read note 12

Have you previously given a temporary event notice in respect of any premises for events falling in the same calendar year as the event for which you are now giving this temporary event notice? (Please mark an “X” in the box that applies to you)

Yes

No

If answering yes, please state the number of temporary event notices you have given for events in that same calendar year

Have you already given a temporary event notice for the same premises in which the event period:

a) ends 24 hours or less before; or

b) begins 24 hours or less after;

the event period proposed in this notice?

(Please mark an “X” in the box that applies to you)

Yes

No

 

 

6. Associates and business colleagues Please read note 13

Has any associate of yours given a temporary event notice for an event in the same calendar year as the event for which you are now giving a temporary event notice? (Please mark an “X” in the box that applies to you)

Yes

No

If answering yes, please state the total number of temporary event notices your associate(s) have given for events in the same calendar year

Has any associate of yours already given a temporary event notice for the same premises in which the event period:

a) ends 24 hours or less before; or

b) begins 24 hours or less after;

the event period proposed in this notice?

(Please mark an “X” in the box that applies to you)

Yes

No

Has any person with whom you are in business carrying on licensable activities given a temporary event notice for an event in the same calendar year as the event for which you are now giving a temporary event notice? (Please mark an “X” in the box that applies to you)

Yes

No

If answering yes, please state the total number of temporary event notices your business colleague(s) has given for events in the same calendar year.

Has any person with whom you are in business carrying on licensable activities already given a temporary event notice for the same premises in which the event period:

a) ends 24 hours or less before; or

b) begins 24 hours or less after;

the event period proposed in this notice?

(Please mark an “X” in the box that applies to you)

Yes

No

 

7. Checklist Please read note 14

I shall (Please mark the appropriate boxes with an “X” )

Send two copies of this notice to the licensing authority for the area in which the premises are located;

Send a copy of this notice to the chief officer of police for the area in which the premises are located;

If the premises are situated in one or more licensing authority areas, send two copies of this notice to each additional licensing authority;

If the premises are situated in one or more police areas, send a copy of this notice to each additional chief officer of police;

Make or enclose payment of £21, the fee for the application

Sign the declaration in Section 9 below

 

8. Condition Please read note 15

 

It is a condition of this temporary event notice that where the relevant licensable activities described in Section 3 above include the supply of alcohol that all such supplies are made by or under the authority of the premises user.

 

9. Declarations Please read note 16

The information contained in this form is correct to the best of my knowledge and belief.

SIGNATURE

DATE

Name of Person signing

 

For completion by the Licensing Authority

10. Acknowledgement Please read note 17

I acknowledge receipt of this temporary event notice.

SIGNATURE

On behalf of the Licensing Authority

DATE

Name of Officer Signing

 

 

 

 

 

NOTES

General In general, only the police may intervene on crime prevention grounds to prevent an event at which permitted temporary activities are to take place or to agree a modification of the arrangements for such an event. However, the licensing authority may intervene of its own volition by issuing a counter notice if the first, second and fourth of the limits set out below would be exceeded . If any of the limits below are breached or if a counter notice has been issued, any licensable activities taking place would be unauthorised and the premises user would be liable to prosecution.

 

The limitations apply to:

            • the number of times a person (the “premises user”) may give a temporary event notice (50 times per year for a personal licence holder and 5 times per year for other people);

            • the number of times a temporary event notice may be given in respect of any particular premises (12 times in a calendar year);

            • the length of time a temporary event may last for these purposes (96 hours);

            • the maximum aggregate duration of the periods covered by temporary event notices at any individual premises (15 days per calendar year); and

            • the scale of the event in terms of the maximum number of people attending at any one time (a maximum of 499).

 

For the purposes of determining the overall limits of 50 temporary event notices per personal licence holder (in a calendar year) and of 5 for a non-personal licence holder (in a calendar year), temporary event notices given by an associate or a person who is in business with a premises user (and that business involves carrying on licensable activities) count towards those totals. Note 13 below explains the definition of an “associate”. When permitted temporary activities take place, a premises user must either ensure that:

            • a copy of the temporary event notice endorsed as acknowledged by the licensing authority by the licensing is prominently displayed at the premises; or that

            • the temporary event notice endorsed as acknowledged by the licensing authority is kept at the premises either in his own custody or in the custody of a person present and working at the premises and whom he has nominated for that purpose.

 

Where the temporary event notice is in the custody of a nominated person, a notice specifying that fact and the position held by that person must be prominently displayed at the premises.

Where neither the temporary event notice nor a notice specifying the nominated person are displayed, a constable or an authorised person (for example, a licensing officer, fire officer or environmental health officer) may require the premises user to produce the temporary event notice for examination. Similarly, where the nominated person has the temporary event notice in his custody, a constable or authorised person may require that person to produce it for examination. Failure to produce the temporary event notice without reasonable excuse would be an offence.

 

Note 1 A temporary event notice may only be given by an individual and not, for example, by an organisation or club or business. The individual giving the notice is the proposed “premises user”. Within businesses, clubs or organisations one individual will therefore need to be identified as the proposed premises user.

 

Note 2 For the purposes of the Licensing Act 2003, “premises” means any place. Premises will therefore not always be a building with a formal address and postcode.

 

Note 3 A temporary event notice can be given for part of a building, such as a single room or a plot within with a larger area of land. You should provide a clear description of the area in which you propose to carry on licensable activities. This is important as any licensable activities conducted outside the area of the premises protected by the authority of this temporary event notice would be unlawful and could lead to prosecution. In addition, when holding the proposed event, the premises user would need to be able to restrict the number of people on the premises at any one time when licensable activities are taking place to less than 500. If more than 499 are on the premises when licensable activities are being carried on, the licensable activities would be unlawful and the premises user would be liable to prosecution.

 

 

Note 4 A description of the nature of the premises assists the chief officer of police in deciding if any crime prevention issues are likely to arise. You should state clearly that the premises to be used are, for example, a public house, a restaurant, an open field, a village hall or a beer tent.

 

Note 5 A description of the nature of event similarly assists the chief officer of police in making his decision whether or not to make an objection. You should state clearly that the event taking place at the premises would be, for example, a wedding with a pay bar, the supply of beer at a particular farmers’ market, a discotheque, the performance of a string quartet, a folk group or a rock band.

 

Note 6 The licensable activities are:

            o the sale by retail of alcohol;

            o the supply of alcohol by or on behalf of a club to, or to the order of, a member of a club;

            o the provision of regulated entertainment; and

            o the provision of late night refreshment.

Please refer to Schedules 1 and 2 to the Licensing Act 2003 for fuller details of the definitions and exemptions relating to regulated entertainment and late night refreshment.

Regulated entertainment, subject to specified conditions and exemptions, includes:

                        (a) a performance of a play;

                        (b) an exhibition of a film;

                        (c) an indoor sporting event;

                        (d) a boxing or wrestling entertainment;

                        (e) a performance of live music;

                        (f) any playing of recorded music;

                        (g) a performance of dance;

                        (h) entertainment of a similar description to that falling within (e), (f) or (g).

Regulated entertainment also includes, the provision of “entertainment facilities” for: (a) making music;

                        (b) dancing; and

                        (c) entertainment of a similar description to that falling within (a) or (b).

If you are uncertain whether or not the activities that you propose are licensable, you should contact your licensing authority for further advice.

 

Note 7 The maximum period for using premises for licensable activities under the authority of a temporary event notice is 96 hours (four days).

 

Note 8 You should state here the times during the event period, for example 48 hours, when you intend to carry on licensable activities. For example, you may not intend to carry on licensable activities throughout the entire 48 hour event period, and may intend to sell alcohol between 8.00 hrs and 23.00 hrs on each of the two days.

 

Note 9 No more than 499 may be on the premises for a temporary event at any one time when licensable activities are being carried on. If you intend to have more than 499 attending the event, you should obtain a premises licence for the event. Your licensing authority should be able to advise you.

 

Note 10 If you indicate that alcohol will be sold only for consumption on the premises, you would be required to ensure that no person leaves the premises with alcohol bought there. If such a sale takes place, the premises user may be liable to prosecution for carrying on an unauthorised licensable activity. Similarly, if the premises user gives notice that only supplies of alcohol for consumption off the premises will take place, he/she must ensure that alcohol purchased is not consumed on the premises. The premises user is free to give notice that he/she intends to carry on both types of supplies.

 

Note 11 The holder of a valid personal licence issued under the Licensing Act 2003 may give up to 50 temporary event notices in any calendar year subject to the other limitations in the 2003 Act. A proposed premises user who holds such a licence should give the details requested.

 

 

 

 

Note 12 As stated under Note 11 the holder of a valid personal licence holder issued under the Licensing Act 2003 may give up to 50 temporary event notices in any calendar year. An individual who does not hold a valid personal licence may only give 5 temporary event notices in England and Wales within a calendar year. A calendar year is the period between 1 January to 31 December, inclusive, in any year. If an event straddles two calendar years, it will count against the limits on temporary event notices (12 for each premises, 15 days for each premises, 50 per personal licence holder and 5 for non-holders) for each year, however, only one notice needs to be given. For the purposes of determining the overall limits of 50 temporary event notices per personal licence holder (in a calendar year) and of 5 for a non-personal licence holder (in a calendar year), temporary event notices given by an associate or a person who is in business with a premises user (and that business involves carrying on licensable activities) count towards those totals.

 

Note 13 below sets out the definition of an “associate”.

If a temporary event notice has been given for the same premises, by the same premises user, and would have effect within 24 hours of the start of the event period under the current proposal or within 24 hours of the end of the event period proposed, the temporary event notice given would be void and any licensable activities carried on under it would therefore be unlicensed.

For the purposes of determining whether or not the required gap of 24 hours is upheld, temporary event notices given by an associate or a person who is in business with a premises user (and that business involves carrying on licensable activities) count as if they had been given by the premises user himself. Note 13 below sets out the definition of an “associate”.

An “associate” of the proposed premises user is:

            a. the spouse of that person;

            b. a child, parent, grandchild, grandparent, brother or sister of that person;

            c. an agent or employee of that person; or

            d. the spouse of a person within (b) or (c).

For the purposes, a person living with another as that person’s husband or wife is to be treated as that person’s spouse. These provisions are subject to amendment by the Civil Partnerships Act in due course.

 

Note 14 It is a requirement that you send two copies of this notice to the licensing authority at least ten working days before the commencement of the proposed licensable activities. The authority will endorse one of the two copies and return it to you as an acknowledgement. This would be important proof that you gave the notice and when you gave it for the purposes of the Act. Some premises may be situated in two licensing authority areas, for example, where a building or field straddles the local authority boundary. Where this is the case, two copies must also be sent to each of the licensing authorities identified. In such circumstances, you need to receive acknowledgements from all the relevant licensing authorities. One copy must be sent to the chief officer of police for the area in which the premises is situated. Where the premises are situated in two police areas, a further copy will need to be sent to the second police force.

 

Note 15 Under the Licensing Act 2003, all temporary event notices are given subject to a mandatory condition requiring that where the licensable activities involve the supply of alcohol, all such supplies must be made by or under the authority of the named premises user. If there is a breach of this condition, the premises user and the individual making the supply in question would be liable to prosecution.

 

Note 16 It is an offence knowingly or recklessly to make a false statement in or in connection with a temporary event notice. (A person is to be treated as making a false statement if he produces, furnishes, signs or otherwise makes use of a document that contains a false statement). To do so could result in prosecution and a fine not exceeding level 5 on the standard scale.

 

Note 17 You should not complete section 10 of the notice, which is for use by the licensing authority. They will complete this section and return one of the copies that you have sent to them as an acknowledgement of the notice you have given.