Temporary Events Notices
Temporary events notices (TENs) can be used for the temporary sale or supply of alcohol, provision of regulated entertainment or the provision of late night refreshment, at premises which are not authorised by a premises licence. The licensing authority and the police must be notified of the event at least 10 working days before the event, and the following conditions apply:
- A personal licence holder may use a TEN up to 50 times per year.
- The number of times a TEN can be given in respect of particular premises is 12 times per calendar year.
- The length of time a TEN may last is 96 hours.
- The maximum aggregate duration of the periods covered by TENs at any individual premises is 15 days.
- The scale of the event in terms of the maximum number of people attending at any one time is 499.
Other Offences Under The Licensing Act 2003
It is an offence to carry on, or attempt to carry on, a licensable activity without the authorisation provided by a premises licence. An example of this would be endeavouring to sell alcohol without the required premises
licence. Up to six months’ imprisonment or a fine of up to
£ 20,000, is the penalty for being convicted of this offence.
An offence also occurs where any person working in licensed premises knowingly allows disorderly conduct on the premises (and they work in a capacity which allows them to prevent the conduct). The holder of the premises licence and the designated premises supervisor may also be held responsible. A fine of up to
£ 1,000 applies to this offence.
It is an offence to sell, or attempt to sell, alcohol to a person who is drunk. It is also an offence to obtain alcohol for a person who is drunk. Fines of up to
£ 1,000 are applicable to anyone convicted of these offences.
Alcohol-Related Disorder And Police Powers
The Licensing Act 2003 expands powers of the courts, on application by the police, to close premises within a specified geographical area where disorder is occurring or is anticipated.
Problem premises can be targeted for a review of their licence, by the licensing authority, on grounds relating to any of the 4 licensing objectives. A range of measures may be imposed, including temporary or permanent reduction in their hours of trading, reduction in licensable activities, removal of designated premises supervisors and the revocation of the licence.
The Situation In Scotland
The Nicholson Committee was established by the Scottish Executive in 2001 to undertake an independent review of Scotland’s licensing law. The committee reported their findings in 2003, making a number of recommendations. These would bring Scottish licensing law broadly into line with that of England and Wales. Key recommendations were:
- Abolition of the present system of 7 different types of licence and the introduction of a single premises licence.
- Creation of a personal licence that remains in force for 10 years.
- Abolition of existing permitted hours of opening.
- Mandatory training for all personal licence holders.
- A ban on irresponsible promotions that encourage excessive alcohol consumption.
- Introduction of a national proof of age card.
- Changes to the law relating to children’s access to licensed premises but retaining the 18 age limit for consumption of alcohol.
New Scottish licensing laws will be introduced in the near future. In the meantime, regulations under the Licensing (Scotland) Act 1976 (as amended), remain in force.
The Situation In Northern Ireland
Northern Ireland has its own licensing laws made under the Licensing (Northern Ireland) Order 1996. A consultation paper,
Liquor Licensing – The Way Forward, was launched by David Hanson MP on 1 November 2005, setting out the Government’s proposals for the reform of liquor licensing in Northern Ireland and the consultation period lasted until 31 January 2006. At the time of writing no timetable has been set for reform and the provisions of the Licensing (Northern Ireland) Order 1996 continue to remain in force.