Fillable E Form Temporary Event Notice April 2017 V2 (Guildford Borough Council)

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E Form Temporary Event Notice April 2017 V2 (Guildford Borough Council)

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Temporary Event Notice
Licensing Act
2003
Temporary Event Notice
Before completing this notice, please read the guidance notes at the end of the notice. If you
are completing this notice by hand, please write legibly in block capitals. In all cases, ensure
that your answers are inside the boxes and written in black ink or typed. Use additional
sheets if necessary. You should keep a copy of the completed notice for your records. You
must send at least one copy of this notice to the licensing authority and additional copies must
be sent to the chief officer of police and the local authority exercising environmental health
functions for the area in which the premises are situated. The licensing authority will give to
you written acknowledgement of the receipt of the notice.
I, the proposed premises user, hereby give notice under section 100 of the Licensing Act
2003 of my proposal to carry on a temporary activity at the premises described below.
1. The personal details of premises user (Please read note 1)
1. Your name
Title
Mr Mrs Miss Ms Other (please state)
Surname
Forenames
2. Previous names (Please enter details of any previous names or maiden names, if
applicable. Please continue on a separate sheet if necessary)
Title
Mr Mrs Miss Ms Other (please state)
Surname
Forenames
3. Your date of birth
Day
Month
4. Your place of birth
5. National Insurance Number
6. Your current address (We will use this address to correspond with you unless you
complete the separate correspondence box below)
Post town
Postcode
7. Other contact details
Telephone numbers
Daytime
Evening (optional)
Mobile (optional)
Fax number (optional)
E-Mail address
(if available)
2
8. Alternative address for correspondence (If you complete the details below, we will use this
address to correspond with you)
Post town
Postcode
9. Alternative contact details (if applicable)
Telephone numbers:
Daytime
Evening (optional)
Mobile (optional)
Fax number (optional)
E-Mail address
(if available)
2. The premises
Please give the address of the premises where you intend to carry on the licensable activities
or, if it has no address, give a detailed description (including the Ordnance Survey
references)
(Please read note 2)
Does a premises licence or club premises certificate have effect in relation to the premises
(or any part of the premises)? If so, please enter the licence or certificate number below.
Premises licence number
Club premises certificate number
If you intend to use only part of the premises at this address or intend to restrict the area to
which this notice applies, please give a description and details below. (Please read note 3)
Please describe the nature of the premises below. (Please read note 4)
3
Please describe the nature of the event below. (Please read note 5)
3. The licensable activities
Please state the licensable activities that you intend to carry on at the premises (please tick
all licensable activities you intend to carry on). (Please read note 6)
The sale by retail of alcohol
The supply of alcohol by or on behalf of a club to, or to the order of, a
member of the club
The provision of regulated entertainment (Please read note 7)
The provision of late night refreshment
Are you giving a late temporary event notice? (Please read note 8)
Please state the dates on which you intend to use these premises for
licensable activities. (Please read note 9)
Please state the times during the event period that you propose to carry on licensable
activities (please give times in 24 hour clock). (Please read note 10)
Please state the maximum number of people at any one time that you intend
to allow to be present at the premises during the times when you intend to
carry on licensable activities, including any staff, organisers or performers.
(Please read note 11)
If the licensable activities will include the sale or
supply of alcohol, please state whether these will
be for consumption on or off the premises, or
both (please tick as appropriate). (Please read
note 12)
On the premises only
Off the premises only
Both
Please state if the licensable activities will include the provision of relevant entertainment. If
so, please state the times during the event period that you propose to provide relevant
entertainment (including, but not limited to lap dancing and pole dancing). (Please see note
13)
4
4. Personal licence holders (Please read note 14)
Do you currently hold a valid personal licence?
(Please tick)
Yes
No
If “Yes” please provide the details of your personal licence below.
Issuing licensing authority
Licence number
Date of issue
Any further relevant details
5. Previous temporary event notices you have given (Please read note 15 and tick the
boxes that apply to you)
Have you previously given a temporary event notice in respect of any
premises for events falling in the same calendar year as the event for which
you are now giving this temporary event notice?
Yes
No
If answering yes, please state the number of temporary event notices
(including the number of late temporary event notices, if any) you have given
for events in that same calendar year
Have you already given a temporary event notice for the same premises in
which the event period:
a) ends 24 hours or less before; or
b) begins 24 hours or less after
the event period proposed in this notice?
Yes
No
6. Associates and business colleagues (Please read note 16 and tick the boxes that apply
to you)
Has any associate of yours given a temporary event notice for an event in
the same calendar year as the event for which you are now giving a
temporary event notice?
Yes
No
If answering yes, please state the total number of temporary event notices
(including the number of late temporary event notices, if any) your
associate(s) have given for events in the same calendar year.
Has any associate of yours already given a temporary event notice for the
same premises in which the event period:
a) ends 24 hours or less before; or
b) begins 24 hours or less after
the event period proposed in this notice?
Yes
No
Has any person with whom you are in business carrying on licensable
activities given a temporary event notice for an event in the same calendar
year as the event for which you are now giving a temporary event notice?
Yes
No
If answering yes, please state the total number of temporary event notices
(including the number of late temporary event notices, if any) your business
colleague(s) have given for events in the same calendar year.
Has any person with whom you are in business carrying on licensable
activities already given a temporary event notice for the same premises in
which the event period:
a) ends 24 hours or less before; or
b) begins 24 hours or less after
the event period proposed in this notice?
Yes
No
5
7. Checklist (Please read note 17)
I have: (Please tick the appropriate boxes, where applicable)
Sent at least one copy of this notice to the licensing authority for the area in which
the premises are situated
Sent a copy of this notice to the chief officer of police for the area in which the
premises are situated
Sent a copy of this notice to the local authority exercising environmental health
functions for the area in which the premises are situated
If the premises are situated in one or more licensing authority areas, sent at least
one copy of this notice to each additional licensing authority
If the premises are situated in one or more police areas, sent a copy of this notice
to each additional chief officer of police
If the premises are situated in one or more local authority areas, sent a copy of this
notice to each additional local authority exercising environmental health functions
Made or enclosed payment of the fee for the application
Signed the declaration in Section 9 below
8. Condition (Please read note 18)
It is a condition of this temporary event notice that where the relevant licensable activities
described in Section 3 above include the sale or supply of alcohol that all such supplies are
made by or under the authority of the premises user.
9. Declarations (Please read note 19)
The information contained in this form is correct to the best of my knowledge and belief.
I understand that it is an offence:
(i) to knowingly or recklessly make a false statement in or in connection with this temporary
event notice and that a person is liable on summary conviction for such an offence to a fine
of any amount; and
(ii) to permit an unauthorised licensable activity to be carried on at any place and that a
person is liable on summary conviction for any such offence to a fine of any amount, or to
imprisonment for a term not exceeding six months, or to both.
Signature
Date
Name of
Person
signing
For completion by the licensing authority
10. Acknowledgement (Please read note 20)
I acknowledge receipt of this temporary event notice.
Signature
On behalf of the licensing authority
Date
Name of
Officer signing
click to sign
signature
click to edit
6
Notes for Guidance
General
In these notes, a person who gives a temporary event notice is called a “premises user”.
The police and local authority exercising environmental health functions may intervene on
the grounds of any of the four licensing objectives (the prevention of crime and disorder,
public safety, the prevention of public nuisance, and the protection of children from harm)
to prevent the occurrence of an event at which permitted temporary activities are to take
place or to agree a modification of the arrangements for such an event. However, the
licensing authority will intervene of its own volition in the cases described below.
First, it will issue a counter notice if there is an objection to a late temporary event notice
(see note 8 below).
Secondly, it may issue a notice in relation to its decision to impose conditions on a
temporary event notice (see note 2 below).
Thirdly, it will issue a counter notice if the first, second, third and fifth of the limits set out
below would be exceeded. If any of the limits below are breached or if a counter notice
has been issued, any licensable activities taking place would be unauthorised and the
premises user would be liable to prosecution. The limitations apply to:
the number of times a person may give a temporary event notice (50 times per
year for a personal licence holder and 5 times per year for other people);
the number of times a person may give a late temporary event notice (10 times
per year for a personal licence holder and 2 times per year for other people);
the number of times a temporary event notice may be given in respect of any
particular premises (15 times in a calendar year);
the length of time a temporary event may last for these purposes (168 hours or 7
days);
the maximum aggregate duration of the periods covered by temporary event
notices at any individual premises (21 days per calendar year); and
the scale of the event in terms of the maximum number of people attending at
any one time (a maximum of 499).
For the purposes of determining the overall limits of 50 temporary event notices per
personal licence holder (in a calendar year) and of 5 for a non-personal licence holder (in
a calendar year), temporary event notices given by an associate or a person who is in
business with a premises user (and that business involves carrying on licensable
activities) count towards those totals. The limits applying to late temporary event notices
are included within the overall limits applying to the total number of temporary event
notices. Note 16 below sets out the definition of an “associate”.
When permitted temporary activities take place, a premises user must ensure that either:
a copy of the temporary event notice is prominently displayed at the premises; or
the temporary event notice is kept at the premises either in his own custody or in
the custody of a person present and working at the premises and whom he has
nominated for that purpose.
7
Where the temporary event notice is in the custody of a nominated person, a notice
specifying that fact and the position held by that person must be displayed prominently at
the premises.
Where the temporary event notice or a notice specifying the nominated person is not
displayed, a constable or an authorised person (for example, a licensing officer, fire
officer or environmental health officer) may require the premises user to produce the
temporary event notice for examination. Similarly, where the nominated person has the
temporary event notice in his custody, a constable or authorised person may require that
person to produce it for examination. Failure to produce the temporary event notice
without reasonable excuse would be an offence.
It should also be noted that the following, among other things, are offences under the
Licensing Act 2003:
the sale or supply of alcohol to children under 18 years of age (subject to an
unlimited fine on conviction);
allowing the sale of alcohol to children under 18 ( subject to an unlimited fine on
conviction);
knowingly allowing the consumption of alcohol on the premises by a person aged
under 18 (subject to an unlimited fine, on conviction );
allowing disorderly behaviour on the premises (subject to a fine not exceeding
level 3 on the standard scale, on conviction);
the sale of alcohol to a person who is drunk (subject to a fine not exceeding level
3 on the standard scale, on conviction);
obtaining alcohol for a person who is drunk (subject to a fine not exceeding level
3 on the standard scale, on conviction);
knowingly allowing a person aged under 18 to make any sale or supply of alcohol
unless the sale or supply has been specifically approved by the premises user or
any individual aged 18 or over who has been authorised for this purpose by the
premises user (subject to a fine not exceeding level 1 on the standard scale, on
conviction); and
knowingly keeping or allowing to be kept on the premises any smuggled goods
which have been imported without payment of duty or which have otherwise been
unlawfully imported (subject to a fine not exceeding level 3 on the standard scale,
on conviction).
In addition, where the premises are to be used primarily or exclusively for the sale or
supply of alcohol for consumption on the premises, it is an offence to allow children under
16 to be present when the premises are open for that purpose unless they are
accompanied by an adult. In the case of any premises at which sales or supplies of
alcohol are taking place at all, it is an offence for a child under 16 to be present there
between the hours of midnight and 5am unless accompanied by an adult. In both
instances, the penalty on conviction is a fine not exceeding level 3 on the standard scale,
currently £1,000.
Note 1
A temporary event notice may only be given by an individual and not, for example, by an
organisation or club or business. The individual giving the notice is the proposed
8
“premises user”. Within businesses, clubs or organisations, one individual will therefore
need to be identified as the proposed premises user.
If you include an e-mail address in section 1(7) or 1(9), the licensing authority may send
to this the acknowledgement of receipt of your notice or any notice or counter notice it is
required to give under sections 104A, 106A or 107 of the Licensing Act 2003.
Note 2
For the purposes of the Licensing Act 2003, “premises” means any place. Premises will
therefore not always be a building with a formal address and postcode. Premises can
include, for example, public parks, recreation grounds and private land.
If a premises licence or club premises certificate has effect in relation to the premises (or
any part of the premises) which you want to use to carry on licensable activities, it is
possible that any conditions which apply to the licence or certificate may be imposed on
the temporary event notice if certain pre-conditions are met. These pre-conditions are
that the police or the local authority exercising environmental health functions object to
the notice and the licensing authority decides:
not to give a counter notice under section 105 of the Licensing Act 2003;
the conditions apply to the licence or certificate; and
the imposition of the conditions on the notice would not be inconsistent with the
carrying on of the licensable activities under the notice.
Note 3
A temporary event notice can be given for part of a building, such as a single room or a
plot within a larger area of land. You should provide a clear description of the area in
which you propose to carry on licensable activities. This is important as any licensable
activities conducted outside the area of the premises protected by the authority of this
temporary event notice would be unlawful and could lead to prosecution.
In addition, when holding the proposed event, the premises user would need to be able to
restrict the number of people on the premises at any one time when licensable activities
are taking place to less than 500. If more than 499 are on the premises when licensable
activities are being carried on, the licensable activities would be unlawful and the
premises user would be liable to prosecution. The maximum figure of 499 includes, for
example, staff, organisers, stewards and performers.
Note 4
A description of the nature of the premises assists the chief officer of police and local
authority exercising environmental health functions in deciding if any issues relating to
the licensing objectives are likely to arise. You should state clearly that the premises to
be used are, for example, a public house, a restaurant, an open field, a village hall or a
beer tent.
Note 5
A description of the nature of the event similarly assists the chief officer of police and
local authority exercising environmental health functions in making a decision as to
whether or not to make an objection. You should state clearly that the event taking place
at the premises would be, for example, a wedding with a pay bar, the supply of beer at a
particular farmers’ market, a discotheque, the performance of a string quartet, a folk
group or a rock band.
Note 6
The licensable activities are:
the sale by retail of alcohol;
9
the supply of alcohol by or on behalf of a club to, or to the order of, a member of a
club;
the provision of regulated entertainment; and
the provision of late night refreshment.
Note 7
Regulated entertainment, subject to specified conditions and exemptions, includes:
(a) a performance of a play;
(b) an exhibition of a film;
(c) an indoor sporting event;
(d) a boxing or wrestling entertainment;
(e) a performance of live music;
(f) any playing of recorded music;
(g) a performance of dance; and
(h) entertainment of a similar description to that falling within (e), (f) or (g).
In terms of specific regulated entertainments please note that:
Plays: no licence is required for performances between 08.00 and 23.00
on any day, provided that the audience does not exceed 500.
Dance: no licence is required for performances between 08.00 and 23.00
on any day, provided that the audience does not exceed 500. However, a
performance which amounts to adult entertainment remains licensable.
Films: no licence is required for ‘not-for-profit’ film exhibition held in
community premises between 08.00 and 23.00 on any day provided that
the audience does not exceed 500 and the organiser (a) gets consent to
the screening from a person who is responsible for the premises; and (b)
ensures that each such screening abides by age classification ratings.
Indoor sporting events: no licence is required for performances between
08.00 and 23.00 on any day, provided that the audience does not exceed
1000.
Boxing or Wrestling Entertainment: no licence is required for a contest,
exhibition or display of Greco-Roman wrestling, or freestyle wrestling
between 08.00 and 23.00 on any day, provided that the audience does
not exceed 1000. Combined fighting sports – defined as a contest,
exhibition or display which combines boxing or wrestling with one or more
martial arts – are licensable as a boxing or wrestling entertainment rather
than an indoor sporting event.
Live music: no licence permission is required for:
o a performance of unamplified live music between 08.00 and 23.00
on any day, on any premises.
o a performance of amplified live music between 08.00 and 23.00
on any day on premises authorised to sell alcohol for consumption
on those premises, provided that the audience does not exceed
500.
o a performance of amplified live music between 08.00 and 23.00
on any day, in a workplace that is not licensed to sell alcohol on
those premises, provided that the audience does not exceed 500.
o a performance of amplified live music between 08.00 and 23.00
on any day, in a church hall, village hall, community hall, or other
similar community premises, that is not licensed by a premises
licence to sell alcohol, provided that (a) the audience does not
exceed 500, and (b) the organiser gets consent for the
performance from a person who is responsible for the premises.
o a performance of amplified live music between 08.00 and 23.00
on any day, at the non-residential premises of (i) a local authority,
10
or (ii) a school, or (iii) a hospital, provided that (a) the audience
does not exceed 500, and (b) the organiser gets consent for the
performance on the relevant premises from: (i) the local authority
concerned, or (ii) the school or (iii) the health care provider for the
hospital.
Recorded Music: no licence permission is required for:
o any playing of recorded music between 08.00 and 23.00 on any
day on premises authorised to sell alcohol for consumption on
those premises, provided that the audience does not exceed 500.
o any playing of recorded music between 08.00 and 23.00 on any
day, in a church hall, village hall, community hall, or other similar
community premises, that is not licensed by a premises licence to
sell alcohol, provided that (a) the audience does not exceed 500,
and (b) the organiser gets consent for the performance from a
person who is responsible for the premises.
o any playing of recorded music between 08.00 and 23.00 on any
day, at the non-residential premises of (i) a local authority, or (ii) a
school, or (iii) a hospital, provided that (a) the audience does not
exceed 500, and (b) the organiser gets consent for the
performance on the relevant premises from: (i) the local authority
concerned, or (ii) the school proprietor or (iii) the health care
provider for the hospital.
Cross activity exemptions: no licence is required between 08.00 and
23.00 on any day, with no limit on audience size for:
o any entertainment taking place on the premises of the local
authority where the entertainment is provided by or on behalf of
the local authority;
o any entertainment taking place on the hospital premises of the
health care provider where the entertainment is provided by or on
behalf of the health care provider;
o any entertainment taking place on the premises of the school
where the entertainment is provided by or on behalf of the school
proprietor; and
o any entertainment (excluding films and a boxing or wrestling
entertainment) taking place at a travelling circus, provided that (a)
it takes place within a moveable structure that accommodates the
audience, and (b) that the travelling circus has not been located
on the same site for more than 28 consecutive days.
If you are uncertain whether or not the activities that you propose are licensable, you
should contact your licensing authority for further advice.
Note 8
Late notices can be given no later than 5 working days but no earlier than 9 working days
before the event in relation to which the notice is given. A late notice given later than 5
working days before the event to which it relates will be returned as void and the activities
described in it will not be authorised.
The number of late notices that can be given in any one calendar year is limited to 10 for
personal licence holders and 2 for non-personal licence holders. These count towards
the total number of temporary event notices (i.e. 50 temporary event notices per year for
personal licence holders and 5 temporary event notices for non-personal licence
holders).
If there is an objection from either the police or local authority exercising environmental
health functions, the event will not go ahead and a counter notice will be issued.
11
Note 9
The maximum period for using premises for licensable activities under the authority of a
temporary event notice is 168 hours or seven days.
Note 10
You should state here the times during the event period, for example 48 hours, when you
intend to carry on licensable activities. For example, you may not intend to carry on
licensable activities throughout the entire 48 hour event period, and may intend to sell
alcohol between 8.00 hrs and 23.00 hrs on each of the two days.
Note 11
No more than 499 may be on the premises for a temporary event at any one time when
licensable activities are being carried on. If you intend to have more than 499 attending
the event, you should obtain a premises licence for the event. Your licensing authority
should be able to advise you. The maximum figure of 499 includes not only the
audience, spectators or consumers but also, for example, staff, organisers, stewards and
performers who will be present on the premises.
Note 12
If you indicate that alcohol will be supplied only for consumption on the premises, you
would be required to ensure that no person leaves the premises with alcohol supplied
there. If such a supply takes place, the premises user may be liable to prosecution for
carrying on an unauthorised licensable activity. Similarly, if the premises user gives
notice that only supplies of alcohol for consumption off the premises will take place,
he/she must ensure that alcohol supplied is not consumed on the premises. The
premises user is free to give notice that he/she intends to carry on both types of supplies.
For this purpose, the supply of alcohol includes both of the first two licensable activities
listed in note 6 above.
Note 13
Relevant entertainment is defined in the Local Government (Miscellaneous Provisions)
Act 1982(“the 1982 Act”) as any live performance or any live display of nudity which is of
such a nature that, ignoring financial gain, it must reasonably be assumed to be provided
solely or principally for the purpose of sexually stimulating any member of the audience
(whether by verbal or other means). Relevant entertainment therefore includes, but is not
limited to, lap dancing and pole dancing.
The 1982 Act requires premises which provide relevant entertainment to be licensed
under that Act for this purpose. Premises at which there have not been more than eleven
occasions on which such entertainment has been provided within a period of 12 months,
no such occasion has lasted for more than 24 hours and there has been a period of at
least one month between each such occasion are exempt from the requirement to obtain
a licence under the 1982 Act. Such premises are likely instead to require an authorisation
under the Licensing Act 2003 to be used for such activities as these are a licensable
activity (the provision of regulated entertainment — see note 6 above). A temporary event
notice may be given for this purpose.
Note 14
The holder of a valid personal licence issued under the Licensing Act 2003 may give up
to 50 temporary event notices in any calendar year subject to the other limitations in the
2003 Act. A proposed premises user who holds such a licence should give the details
requested.
Note 15
As stated under Note 14, a personal licence holder (issued under the Licensing Act 2003)
may give up to 50 temporary event notices (including 10 late notices) in any calendar
year. An individual who does not hold a personal licence may only give 5 temporary
12
event notices (including 2 late notices) in England and Wales in any calendar year. A
calendar year is the period between 1st January to 31st December inclusive in any year.
If an event straddles two calendar years, it will count against the limits on temporary
event notices (15 for each premises, 21 days for each premises, 50 per personal licence
holder and 5 for non-holders) for each year. However, only one notice needs to be given.
For the purposes of determining the overall limits of 50 temporary event notices per
personal licence holder (in a calendar year) and of 5 for a non-personal licence holder (in
a calendar year), temporary event notices given by an associate or a person who is in
business with a premises user (and that business involves carrying on licensable
activities) count towards those totals. Note 16 below sets out the definition of an
“associate”.
If a temporary event notice has been given for the same premises, by the same premises
user, and would have effect within 24 hours before the start of the event period under the
current proposal or within 24 hours after the end of that period, the temporary event
notice given would be void and any licensable activities carried on under it would
therefore be unlicensed.
For the purposes of determining whether or not the required gap of 24 hours is upheld,
temporary event notices given by an associate or a person who is in business with a
premises user (and that business involves carrying on licensable activities) count as if
they had been given by the premises user. Note 16 below sets out the definition of an
“associate”.
Note 16
An “associate” of the proposed premises user is:
a. the spouse or civil partner of that person;
b. a child, parent, grandchild, grandparent, brother or sister of that person;
c. an agent or employee of that person; or
d. the spouse or civil partner of a person within (b) or (c).
For these purposes, a person living with another as that person’s husband or wife is to be
treated as that person’s spouse.
Note 17
It is a requirement that you send at least one copy of this notice to the licensing authority
at least ten working days (or five working days for a late notice) before the
commencement of the proposed licensable activities. The authority will give you written
acknowledgement of the receipt of the notice. This will be important proof that you gave
the notice and when you gave it for the purposes of the Act. Some premises may be
situated in two licensing authority areas, for example, where a building or field straddles
the local authority boundary. Where this is the case, at least one copy of the notice must
be sent to each of the licensing authorities identified, together with the appropriate fee in
each case. In such circumstances, you will receive acknowledgements from all the
relevant licensing authorities.
One copy must be sent to each of the chief officer of police and the local authority
exercising environmental health functions for the area in which the premises is situated at
least ten working days for a standard notice (or five working days for a late notice) before
the commencement of the proposed licensable activities. Where the premises are
situated in two police areas or environmental health areas, a further copy will need to be
sent to the further police force and local authority exercising environmental health
functions.
13
Note 18
Under the Licensing Act 2003, all temporary event notices are given subject to a
mandatory condition requiring that where the licensable activities involve the supply of
alcohol, all such supplies must be made by or under the authority of the named premises
user. If there is a breach of this condition, the premises user and the individual making
the supply in question would be liable to prosecution. For this purpose, the supply of
alcohol includes both of the first two licensable activities listed in note 6 above.
Note 19
It is an offence knowingly or recklessly to make a false statement in, or in connection
with, a temporary event notice. (A person is to be treated as making a false statement if
he produces, furnishes, signs or otherwise makes use of a document that contains a
false statement.) To do so could result in prosecution and an unlimited fine.
Note 20
You should not complete section 10 of the notice, which is for use by the licensing
authority. It may complete this section as one means of giving you written
acknowledgement of its receipt of the notice.
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