What is a temporary event notice?

A Temporary Event Notice (TEN) allows the sale of alcohol for a limited period (eg sports event, fair, village fete etc)

In general, only the police may intervene on crime prevention grounds 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 may intervene of its own volition by issuing a counter notice if the first, second and fourth 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 (the “premises user”) 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 temporary event notice may be given in respect of any particular premises (12 times in a calendar year);

• the length of time a temporary event may last for these purposes (96 hours);

• the maximum aggregate duration of the periods covered by temporary event notices at any individual premises (15 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).

A personal licence can be suspended for up to six months or it can be revoked.

Although suspension of a personal licence for up to six months does not at first glance appear a very harsh punishment it means that if someone is relying on their personal licence for a living such as a Designated Premises Supervisor (DPS) then their job is lost because another DPS must be appointed who has an unsuspended personal licence.

If the licence is revoked then a new personal licence must be applied for at the relevant time.

Forfeiture or suspension of a personal licence

A court can order that a personal licence be forfeited (cancelled) or suspended (for a maximum of six months) if the holder of a personal licence is convicted of a relevant offence in England or Wales or is convicted of a similar type of offence outside England or Wales. Relevant offices are described in Schedule 4 of the Licensing Act 2003 and The Licensing Act 2003 (Personal licence: relevant offences) (Amendment) Order 2005.

The offences include:

* those involving serious crime

* those involving serious dishonesty

* those involving controlled drugs

* certain sexual offences

* offences created by the Act

Although the maximum suspension of a personal licence is only six months, in fact, this means that if you are relying on your personal licence for your job i.e. you are the Designated Premises Supervisor then you have lost your job for six months and perhaps permanently.

Some relevant offences can be “spent”. This means that after a certain time they no longer count as a criminal record. Here are some examples:

Fines 5 years Nearly all community service penalties - Can be “spent” after 5 years

Six months in prison or less -  Can be “spent” after7 years

Six months to two and a half years in prison – Can be “spent” after 10 years

More than two and a half years in prison - Cannot be “spent”

All licensed premises in a particular area can be closed if there is a threat of disorder or if disorder actually takes place. Closures such as these are usually because of an activity such as a planned march, protest or a demonstration in the vicinity of the licensed premises. A senior police officer, such as a Superintendant or of higher rank, can apply to the local Magistrates’ Court for a closure order for up to 24 hours.

A single licensed premises can be closed for up to 24 hours by a police Inspector if it is considered that disorder may take place or does take place. This type of closure order can also be used by the police to close a premises causing public nuisance by noise. Although, this is rarely done and any problems with noise are usually the province of the Environmental Health Department of the Local Authority. This closure order can be extended by periods of 24 hours if the disorder or nuisance is considered likely to continue.

It is an offence to keep licensed premises open when a closure order has been made. A fine of up to £20,000 and/or three months imprisonment can be given.

The offence may be committed by the designated premises supervisor, the holder of the premises licence and anyone working at the premises such as a manager who would have the power to close the premises. If the closure order is made under a temporary event notice then it is the premises user who commits the offence.

To extend a closure order then application must be made to the Magistrates’ Court in that area.

When a closure order has been made then a Review of the premises licence must take place.

Licensed premises can also be closed under the Anti-Social Behaviour Act 2003 (ASBA). When licensed premises are closed because of the ASBA legislation then a review of the premises licence does not necessarily take place.

A premises licence can be suspended or revoked only after a Review of the licence has taken place by the local licensing authority. This Review must be advertised on a notice displayed outside the premises for 28 days in the prescribed format. If the licensing authority has website a notice that a Review is to take place must be displayed on that site.

An application for a Review of a Premises Licence can be made by either a responsible authority or an interested party. Responsible authorities include the Chief Officer of Police, the fire authority, Trading Standards, Child Protection Department, Environmental Health, etc. Interested parties are those living or working in the area.

After the review the licensing authority can:

1. Make no changes to the premises licence

2. Change the conditions of the licence e.g. alter the opening hours, the number of people allowed on the premises and whether door staff are required or not

3. Remove the Designated Premises Supervisor from the licence (this can only occur if it is a premises licence that involves the supply of alcohol by retail)

4. Exclude one or more licensable activities from the premises licence

5. Suspend the licence for up to three months

6. Revoke (cancel) the licence

All parties involved in the Review must be properly notified of the decision by the licensing authority. Reasons for the decision must be given and these reasons must promote the licensing objectives of the Licensing Act 2003.

An appeal against the decision after a Review has taken place can be made to the local magistrates’ court within 21 days of notification of the Review decision.

This is the sort of thing that you can learn about on our NCPLH course (National Certificate for Personal Licence Holders)

Carlton Training is now running the NCPLH (National Certificate for Personal Licence Holders) in Norwich.   Ideal for customers from all over Norfolk.

Held at the 17 Upper King Street (near junction with Prince of Wales Road) , check out dates on our dedicated NCPLH pages or call 0845 299 4049

Carlton Training is now running the NCPLH (National Certificate for Personal Licence Holders) in Oxford.

Held at the Wheatsheaf on Oxford High Street, check out dates on our dedicated NCPLH pages or call 0845 299 4049

The main licensing law for public houses in England and Wales is the Licensing Act 2003

The key parts of this legislation are :

giving local councils power to issue licences to premises (rather than magistrates’ courts)
flexible opening hours – pubs no longer have to shut at 11pm
personal licences – those selling or authorising the sale of alcohol by retail must have a personal licence
premises licences – one type of licence covers all the six previous licensing regimes (for alcohol, public entertainment, cinemas, theatres, late night refreshment houses, and night cafes)
Temporary Event Notices – no personal licence or licenced premises needed to hold a temporary event where alcohol is sold

After much discussion a minimum price for alcohol is to be introduced in some areas of the country.

The first area to be affected by this new trend is Oldham in Lancashire where the local council (who are in charge of issuing licences for premises) has decreed that a minimum price of 75p per unit of alcohol is to be adopted by the towns pubs and bars. This works out at approx £1.90 per pint of premium larger.

This scheme has been introduced following problems with drunkeness and disorder in Oldham centre, and is aimed at consumption by people on a night out rather than those buying from shops and going home to drink.

The BBC are featuring this on their flagship Panorama tv programme.

So will this trend spread accross the UK ?   That depends on the attitude of local councils in England and Wales and local licensing boards in Scotland  – there is no national law to govern the price of alcohol.

No doubt raising the price of alcohol in pubs and bars will decrease consumtion in the town centre areas, but will there be any other effects ?  Well here are some possibilites :

1. Pushing the problem elsewhere – if drinkers choose to seek other areas outside the Oldham district where the minimum price is not enforced (remember there is nothing to force neighbouring councils to follow Oldhams example) then this unilateral action will only divert the problem elsewhere

2. Increasing sales at shops/off licences – if these outlets are not subject to the minimum price then the introduction of a minumim price for bars and pubs may just cause city centre outlets to loose even more customers to Tesco, ASDA and the like.

3. Legal action by pubs and bars against the council – there may be some legal challange to the council since it might be seen to be reducing competition and distorting the market against the principles of free trade.  The legality of such measures has already been questioned by the Law Society of Scotland

Let’s wait and see !

Yes that’s right folks – Carlton Training is now  offering the NCPLH course at our venue in Chesterfield, Derbyshire as well as London.

Courses held in Chesterfield (the town with the crooked spire) are still at the special offer price of  £99 total

Full details on our NCPLH page

Many people know they must avoid having ice in their drinks when holidaying abroad.  Well, surveys have shown that ice served in the UK can be a source of illnesses too.

Be careful that your ice cubes are safe for customers

Ice cubes and soda water served in public houses and restaurants sometimes show a high level of contamination with the bacteria that cause food poisoning and other harmful micro organisms such as moulds and yeasts.  Remeber that freezing will not kill any bacteria or other bad bugs. (freezing just puts the little critters to sleep !)

Because ice can become contaminated very easily it is essential that the water used is fit for consumption and the ice making equipment is effectively cleaned.  Sometimes contamination is also found in the dispenser head for soft drinks

To assist in ensuring that ice and soft drinks dispensers are free from contamination here are some tips:

1. Put ice machines in a clean environment away from sources of contamination e.g. away from the waste bins and not in areas used by the public

2. Regularly clean and disinfect ice machines and scoops and allow them to dry before use

3. Follow the manufacturers’ instructions for installation, cleaning and servicing for all equipment

4. Use clean, plastic or stainless steel, utensils when collecting the ice – never glass

5. Never touch ice cubes with your hands or allow customers to do this.  Bacteria on the hands will transfer to the ice.

Remember the legislation on food safety such as Food Safety Act 1990 and Food Hygiene Regulations 2006 apply to ice used in drinks as well.