Now that Summer is approaching many organisations and individuals are involved in fundraising for their clubs and other good causes.

If this involves the sale of alcohol and provision of music to the public then great care needs to be taken not to fall foul of the Licensing Act 2003. Carrying out a licensable activity without authorisation carries a fine up to £20,000 and or 6 months’ imprisonment. Unless the club or premises licence already covers the planned activity, there is every likelihood a temporary Event Notice will need to be given.

If that is so, for the event to be lawful, someone over the age of 18 will need to be nominated as an event organiser, complete a Temporary Event Notice form (TEN), at least two working weeks before the date of the event and serve copies on the local Licensing Authority and the Chief Officer of the Police. There will be a single fee of £21, but it can cover an event that lasts up to 96 hours. There must be no more than 499 people at the site and the Local Authority and Police will be keen to see that the organiser has given thought to their health and safety responsibilities, avoid underage drinking, nuisance and drunkenness. There are limitations on the number of ‘TENS’ that can be served by an individual, in one year.
Forms and guidance can be obtained on the Government’s website www.culture.gov.uk/what_we_do/alcohol_entertainment/licensing_act_2003_explained/permitted_temporary_activities.htm
The forms can look a little daunting but the legislation was designed with the purpose of encouraging cultural activities in the community.
If in doubt consult your local Licensing Authority or take legal advice.

HELEN KORFANTY

Helen Korfanty is senior partner at Bates Wells & Braithwaite, Solicitors and deals with
Licencing and Regulatory Law including Environmental and Health and Safety matters.