A lesson in not being mislead by the authorities when dealing with licensing matters and particularly in this case temporary event notices. The police in this case objected to the service of a temporary event notice in respect of a large event in a park. They objected on the basis that no conditions could be attached to the temporary event notice because there was no operational license for the area sought to be covered by the TEN.

The park was, in fact, covered by a premises license for the whole of its area but only on a limited number of days per year.

The argument ran that because the TEN covered a different area to the premises licence and was not going to be used on the days when the licence was operational then no conditions could be attached to the TEN and therefore the sale of alcohol and live music could not be controlled.

As a result it was set down for a licensing hearing.

Section 106A of the Licensing Act 2003 states that licensing authority can impose conditions on a temporary event notice if the conditions are also imposed on the premises license that has affect in respect of the same premises or any part of the same premises as the temporary event notice.

This does not mean that the areas of the TEN have to correspond precisely with the licensed area set out on the premises licence plan. It matters only that the area is covered in part by a premises license. Further, it does not matter that the premises licence can only be operated on different days to those proposed in the TEN. All that matters is that the premises licence remains in force.

I was drafted in last minute to make a swift intervention with the police authorities resolving the conundrum and saving the client a considerable amount of money in getting the proposed hearing cancelled and the temporary event notice authorised. Result – a wonderful food, beverage and live music event is able to proceed.

If you have similar issues with police and licensing authorities and TENs do give me a call.