A "premises user" is the person who gives a temporary event.
The police and the council can object to the event 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 stop an event from taking place or they can agree a change in the arrangement of the event.
We will intervene in the following cases:
- If there is an objection to a late temporary event notice we will issue a counter notice
- We may issue a notice imposing conditions on a temporary event notice.
- We will issue a counter notice if the limits in respect of the premises or the person giving the notice are 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 premises (15 times in a calendar year, for event periods occuring wholly or partly in 2022 or 2023, 20 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, for event periods (or any part of those periods) occuring in 2022 or 2023, 26 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 overall limits of 50 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 total number of temporary event notices includes any late temporary event notices.
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 their own custody or in the custody of a person present and working at the premises and who they have nominated for that purpose.
Where the temporary event notice is in the custody of a nominated person, a notice stating this 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.
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).
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 an adult accompanies them. 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: The personal details of premises user
A temporary event notice may only be given by an individual. It cannot be given by an organisation, club or business. The individual giving the notice is the proposed "premises user". Within businesses, clubs or organisations, one individual will need to be the proposed premises user.
If you include an email address, we may send the acknowledgement of receipt of your notice or any notice or counter notice to this email address.
Note 2: The premises address/ detailed description
"Premises" means any place. Premises will not always be a building with an address and postcode. Premises can include, for example, public parks, recreation grounds and private land.
If there is a premises licence or club premises certificate in relation to the premises (or any part of the premises), it is possible that any conditions which apply to the licence or certificate may be imposed on the temporary event notice if the police or the environmental health department 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: Do you intend to use only part of the premises?
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. Please provide a clear description of the area in which you propose to carry on licensable activities. 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: Nature of the premises
A description of the nature of the premises assists the chief officer of police and us 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: Nature of the event
A description of the nature of the event similarly assists the chief officer of police and us 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 you intend to carry on at the premises
The licensable activities are:
- 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 a club;
- the provision of regulated entertainment; and
- the provision of late night refreshment.
Note 7: The provision of regulated entertainment
Regulated entertainment which is subject to specified conditions and exemptions includes:
(a) the 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 8am and 11pm on any day, provided that the audience does not exceed 500.
- Dance: no licence is required for performances between 8am and 11pm 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 8am and 11pm 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 8am and 11pm 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 8am and 11pm 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:
a performance of unamplified live music between 8am and 11pm on any day, on any premises.
a performance of amplified live music between 8am and 11pm on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500.
a performance of amplified live music between 8am and 11pm on any day, in a workplace that is not licensed to sell alcohol on those premises, provided that the audience does not exceed 500.
a performance of amplified live music between 8am and 11pm 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.
a performance of amplified live music between 8am and 11pm 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 or (iii) the health care provider for the hospital.
- Recorded Music: no licence permission is required for:
any playing of recorded music between 8am and 11pm on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500.
any playing of recorded music between 8am and 11pm 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.
any playing of recorded music between 8am and 11pm 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 8am and 11pm on any day, with no limit on audience size for:
any entertainment taking place on the premises of the local authority where the entertainment is provided by or on behalf of the local authority;
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;
any entertainment taking place on the premises of the school where the entertainment is provided by or on behalf of the school proprietor; and
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 us for further advice.
Note 8: Are you giving a late temporary event notice?
Late notices can be given between 5 and 9 working days before the event (not including the day the notice is given or the day of the event). 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 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 us, the event will not go ahead and a counter notice will be issued.
Note 9: The dates and times you intend to use the premises for licensable activities
The maximum period for using premises for licensable activities under a temporary event notice is 168 hours or 7 days.
Note 10 You should state 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 8am and 11pm on each of the two days.
Note 11: The maximum number of people at any one time that you intend to allow to be present at the premises
No more than 499 people 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 get 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 intend to sell or supply alcohol will this be for consumption on the premises, off the premises or both?
If you indicate that alcohol will be supplied only for consumption on the premises, you must 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.
Note 13: The provision of relevant entertainment
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. A temporary event notice may be given for this purpose.
Note 14: Personal licence holders
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: Previous temporary event notices you have given
As stated above, 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 event notices (including 2 late notices) in England and Wales in any calendar year. A calendar year is the period 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 for each year. However, only one notice needs to be given. The limits are:
i. for event periods occurring wholly or partly in 2022 or 2023, up to 20 times in the calendar year for each premises;
ii. for other event periods, 15 times in a calendar year for each premises;
iii. for event periods (or any part of a period) occurring in 2022 or 2023, 26 days in the calendar year for each premises;
iv. for other event periods, 21 days in a calendar year for each premises;
v. 50 per personal licence holder each calendar year; and
vi. 5 for non-holders each calendar year.
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 note 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. The note below sets out the definition of an "associate".
Note 16: Associates and business colleagues
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
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.
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.
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.
Further information and frequently asked questions about temporary event notices can be found on the temporary event notices section of our website.