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Limitations and offences

The limitations apply to:

  • the number of times a person (the “premises user”) may give a temporary event notice (TEN) (50 times per year for a personal licence holder and five times per year for other people);
  • the length of times a person (the "premises user" may give a late temporary event notice (LTEN) (10 times per year for a personal licence holder and 2 times per year for other people);
  • the number of times a TEN may be given in respect of any particular premises (12 times in a calendar year);
  • the length of time a TEN may last for these purposes (168 hours);
  • the maximum aggregate duration of the periods covered by TENs at any individual premises (21 days per calendar year);
  • The scale of the event in terms of the maximum number of people attending at any one time (a maximum of 499).

If the limitations cannot be met, a Premises Licence will be required.

Understanding the limitations

Number of TENs and LTEN

For the purposes of determining the overall limits of 50 temporary event notices per licence holder (in a calendar year) and of five 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. The limits applying to late temporary event notices are included within the overall limits applying to the total number of temporary event notices.

Event times

On your application you should state the times of the event when you intend to carry on licensable activities. For example, you may not intend to carry on licensable activities throughout the entire 168 hours and you may intend to sell alcohol between 8am and 11pm on each of the two days.

Consumption of alcohol

If you indicate that alcohol will be supplied only for consumption on the premises, you would be required to ensure that no person leaves the premises with alcohol supplied there. If such a supply 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 or she must ensure that alcohol supplied 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. 

Calendar year

A calendar year is the period between 1 January to 31 December.

Timescale between TENs

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

Duty of the Premises User

When permitted temporary activities take place, a premises user must ensure that either:

  • a copy of the temporary event notice endorsed as acknowledged by the licensing authority is prominently displayed at the premises or that
  • the temporary event notice 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 displayed prominently at the premises.
  • Where the temporary event notice or a notice specifying the nominated person is displayed, a constable or an authorised officer (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 my require that person to produce it for examination.  Failure to produce the temporary event notice without a reasonable excuse would be an offence.

Offences

It should also be noted that the following among other things, are offences under the Licensing Act 2003:

  • the sale or supply of alcohol to children under 18 years of age (maximum fine on conviction is a fine up to level 5 on the standard scale, currently £5,000);
  • allowing the sale of alcohol to children under 18 (maximum fine on conviction is a fine up to level 5 on the standard scale, currently £5,000);
  • knowingly allowing the consumption of alcohol on the premises by a person aged under 18 (maximum fine on conviction is a fine up to level 5 on the standard scale, currently £5,000);
  • allowing disorderly behaviour on the premises (maximum fine on conviction is a fine up to level 3 on the standard scale, currently £1,000);
  • the sale of alcohol to a person who is drunk (maximum fine on conviction is a fine up to level 3 on the standard scale, currently £1,000);
  • obtaining alcohol for a person who is drunk (maximum fine on conviction is a fine up to level 3 on the standard scale, currently £1,000);
  • knowingly allowing a person aged under 18 to make any sale or supply of alcohol unless the sale or supply has been specifically approved by the premises user or any individual aged 18 or over who has been authorised for this purpose by the premises (maximum fine on conviction is a fine up to level 1 on the standard scale, currently £200);
  • knowingly keeping or allowing to be kept on the premises any smuggled goods which have been imported without payment of duty or which have otherwise been unlawfully imported (maximum fine on conviction is a fine up to level 3 on the standard scale, currently £1,000).

In addition, where the premises are to be used primarily or exclusively for the sale or supply of alcohol for consumption on the premises, it is an offence to allow children under 16 to be present when the premises are open for that purpose unless they are accompanied by an adult. In the case of any premises at which sales or supplies of alcohol are taking place at all, it is an offence for a child under 16 to be present there between the hours of midnight and 5am unless accompanied by an adult. In both instances, the penalty on conviction is a fine not exceeding level 3 on the standard scale, currently £1,000.

For more information contact Licensing Unit by telephone: Licensing Services - 01634 337107 or 337108 / Enforcement - 01634 337112 or 337106 or by email: licensing@medway.gov.uk

Write to: Licensing Unit, Medway Council, Gun Wharf, Dock Road, Chatham, Kent ME4 4TR