In the second of our series of updates on the reforms to the Licensing Act 2003 is introduced on 25 April I will consider the changes being made to the temporary event notice regime.
Under the reforms being introduced, it will now be possible for all four licensing objectives i.e. crime and disorder, public nuisance, public safety and the protection of children from harm to be considered when assessing the likely impact of a temporary event notice. Previously it was only the crime and disorder licensing objective that could be considered. Both the Police and Environmental Health Officers as responsible authorities will now be able to object to a temporary event notice under any one of these licensing objectives whereas previously it was just the Police who could only object on the grounds of crime and disorder.
When an objection is received in relation to a temporary event notice conditions may now be applied to the event if the authority considers it appropriate for the promotion of the licensing objectives to do so. This can however only be done if those conditions are also on the Premises Licence or Club Premises Certificate and have effect in respect of the same premises as the temporary event notice. Previously, it was not possible for conditions to be attached to a temporary event notice which leads to temporary event notices being used as a mechanism for getting round conditions on a Premises Licence.
At the moment, licensees frequently run into difficulties with temporary event notices by failing to appreciate when they may be required and then making application for them out of time sometimes leading to events having to be cancelled.
Time limits relating to the submission of temporary event notices may now be relaxed. As well as the “standard” temporary event notice which must be served on the licensing authority, the Police and Environmental Health ten working days before the first day of the event there will also be a “late” temporary event notice. The “late temporary event notice” may be submitted between five and nine working days before the first day of the event. However, if objections are received the event will not be permitted to go ahead and there will not be any right of appeal against this decision. The number of late notices which can be given in any one year will be limited to 10 for Personal Licence Holders.
The permitted duration of activities under a temporary event notice will be increased. A single event will be permitted to run for a maximum of 168 hours (seven days) as opposed to the current 96 hours and the maximum number of days a single premises can be used for events over a calendar year will be increased to 21 from the current 15. Other restrictions relating to temporary event notices such as only being permitted to hold 12 events at premises in a calendar year will remain unchanged.
There will be a new form of application.
Should you require any further information please do not hesitate to contact Andrew Cochrane on 01332 226151/07720 414598.