Absorb and analise

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Temporary or Occasional Events
Under the new law if the activity will last not more than 96 hours (4 days) and is for not more than 500 people, a full licence for a licensable activity is not required. All that is needed is for a Temporary Events Notice (TEN) to be sent to the Council (with the correct fee) and to the Police at least ten working days before the function. If the Police do not object, the function can then go ahead. However, please do not leave it to ten days before the event. Please send in your Notice at least six weeks before the event.

How many Temporary Events can I have?
There are three rules about how many Temporary Events Notices you can make use of:

• No premises may be used for temporary events on more than a total of 15 days in any calendar year
• No premises (even public houses) may have more than 12 temporary events in any calendar year
• Anyone who does not hold a Personal Licence to sell liquor can only submit five notices in any calendar year (Personal Licence holders are subject to a limit of 50 temporary events per calendar year but these would have to be spread over at least five different premises as each premises can only have 12 TENS per year).

So, for example, for any premises where a Personal Licence holder is not involved there could be:

(a) 5 three-day events (total of 5 events over 15 days); or
(b) 12 one-day events (total of 12 events over 12 days; or
(c) Other combinations such as 11 one-day and 1 four-day events (total of 12 events over 15 days) or 9 one-day events and 3 two-day events (total of 12 events over 15 days).

The 15 days and 12 events rules must not be exceeded but all the available exemption does not have to be used, so there could be just 2 three-day events in a year if desired.

There must be at least 24 hours before the next temporary event at the same premises if it is organised by the same person, so the same person cannot submit two Notices and run the two events end on without a break.

Once a Temporary Events Notice has been sent to the Council the person who submitted it could withdraw it up to 24 hours before the event. A Notice that is submitted and withdrawn in time does not count against the maximum numbers listed above but the fee will not be returned.

Temporary Events Notices
The system of serving these Notices will not become available until sometime in 2005 but when it does, to notify the Council of an event, the person giving the Notice must:

(a) Be aged 18 or over; and
(b) Use the official form available from the Authority; and
(c) Send the Notice (in duplicate), with the correct fee, to the Council in whose area the event will take place. They must receive it at least ten days before the event. If the fee is incorrect or a cheque is not honoured, the Notice will be invalid (the fee for a TEN is net yet known).
(d) Send a copy to the Police. They must receive it at least ten days before the event.

One copy of the Notice will be officially stamped by the Council and returned within two working days. This is the Notice that must be displayed at the event.

The Notice must include certain information about the event and details of what is needed will be included with notes given out with the form. Anyone can serve such a Notice not just the owner of the premises and the owner of the premises does not need to be notified that a Notice has been served.

Temporary Events
The Police or the Council’s Officers are entitled to visit and inspect the event and it is a criminal offence to obstruct them. A copy of the Notice must be prominently displayed at the event. The person who lodged the Notice with the Council or the Police (or his nominated representative) must be at the function and have the Notice in his possession.

Objecting to Notices
Only the Police can object to a Temporary Events Notice. Residents or local business people cannot object. The Council itself cannot object to the function going ahead. If the Police wish to object they must do so within 48 hours of receiving their copy of the Notice.

If the Police lodge an objection, the Council, as the Licensing Authority, must hold a licensing hearing unless the Police, the person who lodged the Notice (the premises user) and the Licensing Authority agree a hearing is not needed, in which case the matter will be decided by the Licensing Authority without a hearing. The premises user will be notified of the Council’s decision at least 24 hours before the beginning of the event. There is a right of appeal to the Magistrates’ Court against the Licensing Authority’s decision.

Other Controls
Giving a Temporary Events Notice does not mean that the event is exempt from other controls such as Health and Safety at Work, fire safety or noise pollution controls and an organiser must make sure that any other legal controls are complied with.

Other Changes
The exemption that used to exist for liquor licensed premises to provide entertainment with two or less musicians or pre-recorded music will disappear. If a pub, etc. which has a premises licence that does not include the provision of public entertainment, wishes to have a temporary music night or jazz weekend, etc., then it must either apply to have its premises licence changed to include this, or else make use of the Temporary Events Notice procedure for each function.