Making the most of your TENS this Christmas

John Gaunt and Partners, Licensing Specialists and BII Partner have pulled together a festive checklist:

• The hours on your licence match or exceed those for any special one-off events you will be holding.

• Your licence allows the types of regulated entertainment needed for your events or your events fall within the live music deregulation (there is a premises licence in force; the premises is open for sale or supply or alcohol for consumption on the premises; live or recorded music is taking place between 8 am and 11 pm; the audience does not consist of more than 500 people).

• Your Annex 2 & 3 licence conditions do not restrict or prevent your proposed events

• All areas to be used for events are included within the premises plan or you are licensed for off-sales of alcohol. (No permission is required for amplified live music between 0800-2300 held in a workplace not licensed to sell alcohol on the premises provided the audience is less than 500 people. This ‘workplace’ exemption does not apply to recorded music).

• If your licence does not permit your intended event/hours then a Temporary Event Notice will be needed. A standard TEN requires 10 clear working days’ notice and a late TEN requires five clear working days’ notice. An objection by the police or EHO to a late TEN acts as a veto with no recourse to a hearing so we would recommend applying at the earliest opportunity. We suggest having in place your risk assessment for the event and be ready to answer any questions from the authorities in relation to security on the night, additional staffing and use of plastic or polycarbonate glasses in outside areas.

• If you are planning events that will involve outside use, be mindful of your neighbours and implement measures to limit noise nuisance. It can be worth speaking to your neighbours in advance to give them notice or even invite them to the event

The deadline for the licensing authority to receive a standard TEN for Christmas Eve this year is 9th December and for New Year’s Eve it is 13th December

If you have any questions or need assistance with your festive plans, you can contact a John Gaunt licensing lawyers via the BII helpline using your BII membership.