Legal Q&A
Advice on the licensing relaxation for the Queen's birthday
Q: I am one of the committee that looks after a private members club.
At present, we only have a club premises certificate, and we are frequently approached by non-members who want to hire our function room for events, which will then be attended by non-members. I know that we can apply for a premises licence but we haven’t got around to that. We have been asking those who wish to use the function room to apply for temporary event notices (TENs), but we have an event in two months when somebody wants to hire the function room on the Friday night and then the Saturday. Someone has told me that we have to have at least 24 hours immediately between events to have a second TEN. Is this correct?
A: There is a provision in the Licensing Act 2003 that requires there to be 24 hours between events, but that only relates to where TENs are being issued by the same person or by two people who are in some way connected.
If the TENs for the Friday and Saturday are being issued by the same person, or by people who are in business with each other, or are in some other way connected, for example, their spouse, relative, or an agent or employee, then one could not immediately follow the other without a 24-hour gap.
Two TENs that are being issued by two people who are completely unconnected with each other, however, is absolutely fine.
Do, however, remember that 10 working days’ notice has to be given for a standard TEN to be issued, or between five and nine days for a late TEN. However, should the police or environmental health make any representation against a Late TEN, this acts as ‘veto’, which would mean that there would be no opportunity for the event to
go ahead.
Licensing relaxation for the Queen’s birthday
Q: I know pubs are going to be allowed to stay open and sell alcohol until 1am on the early mornings of both 11 and 12 June, in celebration of the Queen’s birthday. Of course, rather fortuitously, it is also just happens to be the England v Russia game on 11 June too. I want to sell food as well, I only have permission on my licence for late-night refreshment until 11.30pm. Will the relaxation also allow me to carry on selling hot food after 11.30pm?
A: The order, which relaxes the hours for the sale of alcohol, also allows premises selling alcohol for consumption on site, or, for members clubs that are supplying alcohol, again for consumption by its members on the premises, to remain open up until 1am for not only the sale or supply of alcohol, but also the provision of hot food and drink.
This includes entertainment, provided those permission is permitted by a premises licence until 11pm or later.
This doesn’t mean all takeaways can open until 1am, without permission on their premises licence, since most would not normally be permitted to sell alcohol for consumption on the premises.