The Royal Wedding and this summer’s World Cup tournament has put licensing hours once again under the spotlight. Robert Botkai offers advice on extending your licensing hours. A premises licence is required to authorise the following activities:
- selling alcohol;
- serving alcohol to members of a private club;
- providing entertainment, such as music, dancing or indoor sporting events; and
- serving hot food or drink between 11pm and 5am.
The licence prescribes the times during which the activity may take place and conditions that must be adhered to.
There are two ways under the Licensing Act 2003 to extend premises’ licensed hours: through a national relaxation or premises using Temporary Event Notices (TENs).
The Royal Wedding
Following a public consultation, the Government has announced that the Royal Wedding taking place on Saturday 19 May is an event of national significance and that it wishes for everyone to be able to celebrate fully. It noted that the FA Cup Final will be taking place on the same day.
Premises licensed to sell alcohol up to or after 11pm will be permitted to extend their sales for an additional 2 hours until 1am the following morning on each of 18 May and 19 May 2018, without having to submit a Temporary Events Notice or TEN.
Premises licensed to 11pm will also be able to extend their hours for the following:
- The provision of regulated entertainment; and
- Late night refreshment where the premises can also be used for the sale of alcohol on the premises.
These hours will not apply to off-licensed premises such as supermarkets, convenience stores and petrol stations.
TENS
A TEN permits licensable activities which are not authorised by a premises licence to be carried out on a temporary basis. This can be for an event such as a wedding party or a school fete.
The process is one of service of a notice rather than the making of an application.
A TEN is served on the relevant licensing authority, with a copy to the Police and the Environment Health officers at least 10 working days before the event. If the TEN is submitted online, the licensing authority will contact the Police and the Environmental Health on your behalf.
A fee of £21 is payable for each TEN.
The Police and Environmental Health officers have three working days to object after they received the TEN. They can object on the basis of any of the four licensing objectives:
- Prevention of crime and disorder
- Prevention of public nuisance
- Public Safety
- Protection of children from harm.
If one or both of the officers object, the licensing authority must consider the objections at a hearing unless all parties agree that a hearing is unnecessary.
Where there is an objection from the Police or Environmental Health, the licensing authority can impose conditions to a temporary event notice from the existing conditions on the premise licence.