Published on February 21st, 2013 | by Dean Carr
Permitted temporary activities – What are they?
Permitted temporary activities are covered in part 5 of the Licensing Act of 2003. This is a provision to allow people known as “premises users” to carry out licensable activities on a temporary basis (by temporary it means no more than 168 hours), subject to various limits and conditions attaching to the number of events that are permitted. These limits depend on whether or not the person carrying out the licensable activities holds a personal licence and the frequency of the use of the premises.
- A personal licence holder may run a temporary bar for a wedding at a venue not licensed to sell alcohol, or may wish to provide a temporary disco in premises licensed to sell alcohol, but not licensed for regulated entertainment. The limit for personal licence holders covered by these arrangements is 50 per year.
- When a person does not hold a personal licence wants to carry out one or more licensable activities at any premises, whether they are covered by a premises licence or not. An example is where a person wishes to provide a bar, and a band at a birthday party. This may be done on no more than 5 occasions in any 1 calendar year.
In these cases the arrangements would only apply where the number attending the event is lower than 500. Also no particular premises may be used for temporary events on more than 15 occasions, in a period of 21 days in 1 calender year. This was increased from 12 to 15 per year in January 2016.
There are now two types of Temporary Event Notices (TEN)
- A standard temporary event notice where the issuer of the notice must give 10 working days notice of the event.
- A short temporary event notice, only 5 working days notice is required.
A key difference between standard and late TENs is the process following an objection notice from the police or EHA. Where an objection notice is received in relation to a standard TEN the licensing authority must hold a hearing to consider the objection, unless all parties agree that a hearing is unnecessary. If the police, EHA or both give an objection to a late TEN, the notice will not be valid and the event will not go ahead as there is no scope for a hearing or the application of any existing conditions.