Temporary Event Notices
What if there is an Objection?
The Police and/or Pollution Control may object to the temporary event on the grounds that it does not promote one or more of the following licensing objectives;
- Prevention of crime and disorder
- Prevention of public nuisance
- Public safety
- Protection of children from harm
The Police and Pollution Control team have 3 working days to make any objection on these grounds.
The Licensing Authority must then hold a hearing to consider the objection notice, unless the premises user, who gave the objection notice and the Licensing Authority agree that a hearing is unnecessary.
At the hearing, if the Licensing Sub-Committee considers it appropriate for the promotion of the licensing objectives it may:
- Give the premises user a Counter Notice, stating the reasons for its decision (and copied to the Police and Pollution Control). The effect of the Counter Notice would be to stop the event from taking place; or
- Impose conditions on the standard Temporary Event Notice where it considers it appropriate for the promotion of the licensing objectives, and those conditions are already conditions on the existing premises licence or club premises certificate that is in effect for the same premises as the TEN, the conditions not being inconsistent with the carrying out of the licensable activities under the TEN; or
- Prior to the hearing, the Police or Pollution Control can modify the TEN (with the agreement of the premises user). Where they do so, their objection notice is deemed withdrawn and the event may proceed in accordance with the modified notice.
The Licensing Authority will issue a hearing decision notice giving details of the reason for the decision made.
If the Police or Pollution Control object to a ‘late' TEN, the Licensing Authority MUST give the premises user a counter notice. As a consequence, this will mean that a late TEN will be ineffective, there is no right to a hearing or appeal.
The Licensing Authority must reach a decision and issue a notice at least 24 hours before the beginning of the event specified in the TEN.
Counter notices will also be given whenever any of the permitted limits as specified earlier in this guidance are exceeded.