What Happens Once Notice Has Been Given?
If the TEN is within the limits of permitted temporary activities, and neither the Police nor Environmental Health have intervened to prevent the event happening, or have agreed a modification of the arrangements for the event, the Licensing Department will issue you with an acknowledgement of the TEN.
If the TEN exceeds the permitted limits the Licensing Department will give you a counter notice which will prevent the event from taking place. A copy of the counter notice will also be served on the Police and Environmental Health.
For a Standard TEN if the Police and Environmental Health are satisfied that allowing the premises to be used in accordance with the TEN would undermine the licensing objectives, they must, no later than 3 working days after being given a copy of the TEN, give the premises user and the Licensing Department an objection notice. The Licensing Department will then hold a hearing to consider the notice. The hearing will take place no later than 24 hours commencement of the event (as specified in the TEN). At the hearing the Licensing Committee will have regard to the notice and can issue a counter notice if it considers it necessary for the promotion of the licensing objectives, again, this will mean that the event cannot go ahead.
For a Late TEN if an objection is raised by the Police or Environmental Health that allowing the premises to be used in accordance with the TEN would undermine the licensing objectives, the event will not be allowed to go ahead.
Only the Police or Environmental Health can intervene to prevent an event covered by a TEN taking place. Only a limited number of TENs can be given in respect of any particular premises each year, and the Licensing Act gives powers to the Police to close premises in certain cases of disorder or noise nuisance when a TEN has effect. The Police can seek a court order to close premises for up to 24 hours in any geographical area that is experiencing or likely to experience disorder. Police also have the power to close premises instantly, for up to 24 hours, premises where a TEN has effect and that are disorderly, likely to become disorderly or are causing nuisance as a result of noise from the premises. Such orders may only be made where it is necessary in the interest of public safety in cases of disorder or to prevent nuisance in the case of noise coming from the premises.
Licensing authorities have no power under the Licensing Act 2003 to stop permitted temporary events once they have started. However, a local authority has powers under other legislation, such as powers to deal with a statutory nuisance, and can, under the Anti-Social Behaviour Act 2003, issue a closure notice for up to 24 hours where noise nuisance is being caused at an event being authorised by TEN
Where the relevant licensable activities include the supply of alcohol, the TEN must make it a condition of that all such supplies of alcohol are made by or under the authority of the premises user.
Last Updated on Friday, April 12, 2019