Licensing Acts Panel |
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Report of Head of Legal and Democratic Services Author: Kate Fisher, Licensing Enforcement Officer E-mail: kate.fisher@southandvale.gov.uk To: Licensing Acts Panel DATE: 26 June 2023 |
REPORT NO: |
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1 To present the facts and relevant objection notice received in respect of a Temporary Event Notice for Delaneys Club Ltd, 8-9 Regent Shopping Mall, Newbury Street, Wantage, OX12 8BU, to the Licensing Acts Panel in order that it can determine the application under Section 105 of the Licensing Act 2003.
2 The relevant strategic objectives are ‘Working in an open and inclusive way’ and ‘Building healthy communities’.
3.1 The Licensing Act 2003 (‘the Act’) established a single integrated scheme for licensing premises which are used for the supply of alcohol, regulated entertainment, late night refreshment or permission to carry on some or all of these activities. In the Act these activities are referred to collectively as the ‘licensable activities’.
3.2 A Licensing Authority must carry out its function under the Licensing Act with a view to promoting the four licensing objectives. The licensing objectives are:
· prevention of crime and disorder
· public safety
· prevention of public nuisance
· protection of children from harm.
In carrying out its functions, the Licensing Authority must also have regard to its statement of licensing policy and any guidance issued by the Secretary of State (section 182 guidance – latest version dated April 2018).
3.3 A temporary event notice is not an application. It is a notice given by the proposed premises user to the Licensing Authority stating that they intend to carry out one or more licensable activities at the premises named on the notice. This notice must be received by the Licensing Authority ten clear working days before the event takes place. Within the Act there are restrictions on the number of temporary event notices that can take place at any one named premises as well as restrictions on who can submit a notice and the number of persons who are permitted to attend an event held under a notice. Only Thames Valley Police and the council’s Environmental Protection team can object to a temporary event notice. The objection can relate to any of the four licensing objectives set out in paragraph 3.2 of this report and the objector(s) have three working days starting on the day after the notice is received to make an objection.
3.4 On Tuesday 13 June 2023, a temporary event notice was received by the Licensing Authority from Mr Terry Howkins for an event to be held on 28 June 2023 at Delaneys Club, 8-9 Regent Shopping Mall, Newbury Street, Wantage, OX12 8BU. A copy of the notice is attached at Appendix A. The proposed licensable activities and times for those activities are stated on the notice as follows:
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Licensable Activities |
Proposed Days and Times |
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Sale of alcohol, regulated entertainment and late night refreshment |
Between 23:00 on Wednesday 28 June 2023 and 03:00 hours on Thursday 29 June 2023 |
3.5 An objection notice was received by the Licensing Authority from the council’s Environmental Protection team on 13 June 2023 pursuant to section 104 of the Licensing Act 2003. The objection notice is attached at Appendix B and outlines their concerns in relation to the event which may undermine the promotion of the licensing objectives.
3.6 The current premises licence only permits sale of alcohol until 23:00 on Wednesdays. A copy of the premises licence is attached in Appendix C.
Policy and guidance
4.1 The relevant sections of the council’s statement of licensing policy are as follows:
10.1 Temporary event notices (TENs) may be used to authorise licensable activities at premises where there are 499 persons or fewer (including any staff and volunteers) present. TENs are not applications for permission to hold an event; they are notices of intention to hold an event. If there are 500 or more persons present at the event, a premises licence will be required.
10.2 Organisers of temporary events are encouraged to submit their TEN as soon as is reasonably practicable in order for the Police and Environmental Protection to consider whether or not they have any concerns about the event and, if they have, to enable all parties to try and take steps to resolve those concerns. Persons intending to use premises under a TEN are encouraged to discuss their proposals with the community that may be affected before submission.
10.3 Although the legal requirement is 10 clear working days (or 5 clear working days for late TENs) not including the date of receipt or the date of the event, the Licensing Authority recommends that at least one months’ notice be given to hold such events, to allow sufficient time for organisers to plan their events safely, for appropriate publicity and for consultation with responsible authorities and interested parties. Any longer period than this may mean that organisers do not have all the details available at the time of submitting the notice, and any lesser time means that planning may be rushed and haphazard.
10.4 In the event of an objection, if the matter cannot be resolved informally the matter will be considered by a licensing panel. Objection notices received for late TENs mean that the event cannot go ahead.
4.2 The relevant sections of the Secretary of State’s guidance issued under section 182 of the Licensing Act 2003 (current edition dated December 2022) are as follows:
7.2 The system of permitted temporary activities is intended as a light touch process, and as such, the carrying on of licensable activities does not have to be authorised by the licensing authority on an application. Instead, a person wishing to hold an event at which such activities are proposed to be carried on (the “premises user”) gives notice to the licensing authority of the event (a “temporary event notice” or “TEN”).
7.6 The police or EHA (“relevant persons” for the purposes of TENs) may intervene to prevent such an event taking place by sending an objection to the licensing authority, which the licensing authority must consider on the basis of the statutory licensing objectives and decide whether the event should go ahead. A relevant person may also intervene by agreeing a modification of the proposed arrangements directly with the TENs user (see paragraph 7.36). If a relevant person sends an objection, this may result in the licensing authority imposing conditions on a TEN but only where the venue at which the event is to be held has an existing premises licence or club premises certificate. When giving a TEN, the premises user should consider the promotion of the four licensing objectives. The licensing authority may only otherwise intervene if the statutory permitted limits on TENs would be exceeded (see paragraphs 7.15-7.22).
7.10 The police and EHA have a period of three working days from when they are given the notice to object to it on the basis of any of the four licensing objectives.
7.14 A key difference between standard and late TENs is the process following an objection notice from the police or EHA. Where an objection notice is received in relation to a standard TEN the licensing authority must hold a hearing to consider the objection, unless all parties agree that a hearing is unnecessary. If the police, EHA or both give an objection to a late TEN, the notice will not be valid and the event will not go ahead as there is no scope for a hearing or the application of any existing licence conditions.
7.28 If the licensing authority receives an objection notice from the police or EHA that is not withdrawn, it must (in the case of a standard TEN only) hold a hearing to consider the objection unless all parties agree that this is unnecessary. The licensing committee may decide to allow the licensable activities to go ahead as stated in the notice. If the notice is in connection with licensable activities at licensed premises, the licensing authority may also impose one or more of the existing licence or certificate conditions on the TEN (insofar as such conditions are not inconsistent with the event) if it considers that this is appropriate for the promotion of the licensing objectives. If the authority decides to impose conditions, it must give notice to the premises user which includes a statement of conditions (a “notice (statement of conditions)”) and provide a copy to each relevant party. Alternatively, it can decide that the event would undermine the licensing objectives and should not take place. In this case, the licensing authority must give a counter notice.
Options
5.1 In determining the application the authority must give weight to:
· the objection notice received
· the Secretary of State’s guidance issued under Section 182 of the Licensing Act 2003
· the council’s statement of licensing policy and
· the steps appropriate to promote the licensing objectives
5.2 In view of the above, the panel is requested to consider the temporary event notice and the relevant objection notice to determine:
(a) whether to issue the proposed premises user with a counter notice, or
(b) permit the event contained within the notice to proceed as stated.
6 Should the applicant or any other person wish to appeal against a decision of the council, they may do so to the magistrates’ court. The council would incur costs should this occur, although the court may decide to award costs if the council’s decision was upheld.
7.1 The Human Rights Act 1998 requires public bodies to ensure everything they do is compatible with Convention Rights and makes it unlawful for a public authority to act incompatibly with those rights. When determining whether to grant the application the panel will be aware of human rights considerations, specifically Part 1, Article 6, the right to a fair trial, Part 2 and Article 8 the right to respect for private and family life for those making representations.
7.2 The hearing of all applications is subject to the principles of natural justice.
7.3 Section 17 of the Crime and Disorder Act 1998 states, ‘without prejudice to any other obligation imposed on it, it shall be the duty of each authority to exercise its various functions with due regard to the likely effect of those functions on, and the need to do all that it reasonably can to prevent crime and disorder in its area’.
7.4 Under Schedule 5, Part 1 of the Licensing Act 2003, any person aggrieved by the decision in respect of the application may appeal to a Magistrates’ Court within 21 days of the date of the decision.
Appendix A –Temporary Event Notice submitted
Appendix B – Objection notice received
Appendix C – Premises Licence with conditions
Appendix A – Copy of Temporary Event Notice and additional information
Appendix B – Objection Notice from Environmental Protection
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Housing and Environment HEAD OF SERVICE: Paul Fielding |
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Licensing – Vale Vale of White Horse District Council
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CONTACT OFFICER: Simon Downs env.health@southandvale.gov.uk Tel: 07801 203519
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Licensing Act 2003 section 104
Objection Notice
Re: Temporary Event Notice, dated 7 June 2023
At: Delaney’s Club Ltd, 8-9 The Regent Shopping Mall, Newbury Street, Wantage. OX12 8BU
Vale of White Horse District Council’s Environmental Protection team is objecting to the Temporary Event Notice submitted by Mr Terry Howkins on 07 June 2023, in respect of a late night opening for a private party, to be held on the 28 June, between the hours of 23:00 to 03:00.
The Environmental Protection team is objecting to this application because of concerns over possible noise disturbance from the live music proposed at the event and patrons using the outside areas late into the night. These concerns are due to the close proximity of neighbouring residents to the premises.
The Environmental Protection team is concerned that there is a potential for public nuisance arising from noise disturbance from regulated entertainment and from persons using and then leaving the premises.
The Environmental Protection Team are therefore objecting to this Temporary Event Notification.
Signature: 
Date: 13 June 2023
Environmental Protection Team
(Authorised Officer)
Appendix C – Current premises licence with conditions
