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Many larger outdoor events involving licensable activities will require a full premises licence for a short, discrete period due to the limitations involved with the lighter touch temporary event notice (TEN) provisions of the Act. Such events would normally include street fairs, carnivals, circuses, outdoor music festivals, agricultural shows, firework displays etc where more than 499 persons are expected to attend the event (including staff, performers etc) at any one time.
Remember, the Licensing Authority requires up to two months under the licensing laws to process your premises licence application. You should therefore ensure that you organise and submit your application well in advance of your event. If your event involves the supply of alcohol, then you will need a nominated Designated Premises Supervisor (DPS) in your premises licence application. They must give their written consent and hold a personal licence to sell alcohol by the time your event begins.
The Licensing Authority strongly recommends that event organisers contact responsible authorities in advance of drafting/submitting an application. These expert authorities (including the Police, Fire Service and Environmental Health Department) are normally in a position to offer specific advice on promotion of the four licensing objectives, plus practical experience and know-how of dealing with large temporary outdoor events. This approach can both minimise the potential for responsible authority representations against your proposals and help to ensure that your event runs smoothly and safely. Some event organisers also actively advise and consult local residents and the parish/town council directly on their proposed event (although anything beyond the minimum advertising requirements of the Act is not obligatory).
The application form contains a notes page and you should read these notes carefully prior to completing the form.
A ‘premises’ under the Act can be any place including part of a street, field, market square, temporary structure as well as a building (or part of a building). Certain exemptions can apply to certain types of ‘premises’ (such as churches, educational establishments or vehicles). You should contact the Licensing Team if you require further guidance in this respect.
The statutory requirements for applying for a premises licence for a large temporary outdoor event are no different to an application applying for a permanent licence for a public house, bar or entertainment venue. You will need to provide a plan of the premises (and site), advertise the application both in a local newspaper and on the premises, serve a copy of the full application to all responsible authorities and pay any statutory fee applicable to the application.
Remember, if you are seeking a licence for council owned land (such as a public park or street) then you will need to ensure that you serve a copy of your application to the Health & Safety Executive as well as all other responsible authorities under the Act. You must also separately ensure that you have permission to use the land in question.
It is helpful to persons with an interest in your application if you give an indication, within your operating schedule, of the maximum number of persons (including staff and performers) you anticipate will attend your event at any one time.
Normally your premises licence will be time limited to the day or days of your event. The application form provides a space for you to provide this information.
Carefully check the fee payable with your application. Some premises, which may include fields, streets, village greens etc will not have their own Non-Domestic Rateable value and therefore pay the lowest (Band A) licence fee. However some premises may be part of a premises that is rated and that fee will apply to your application. This could for example apply to a playingfield, within the boundaries of a factory, being used for licensable activities. To check Non-Domestic Rateable Value then access the Value Office Agency via the link below:
Valuation Office Agency
or contact
The Council’s Money Matters team Tel: 01473 825798
Additional licence fees may be payable if your event is attended by 5,000 or more persons.
An integral part of your application is the plan of the premises which you must provide by law. Plans should be drawn in ink on durable paper to a legible scale (for example 1:200, or in the case of open spaces 1:2500). The plan should indicate each area of the premises which is required to be licensed. This includes all areas which may be accessed by the public during a licensed event. You do not need to have your plan professionally drawn but it must accurately contain the information set out by Regulation and clearly identify and delineate the area you are seeking to licence. You may wish to specify an ordnance survey map reference to help identify the area, and need to be aware that the extent of the licensed will be reflected by the plan.
In order to assist the Licensing Authority and responsible authorities understanding your application you may wish to provide more than one plan. This can be helpful for applications where, for example, a marquee or staging/seating area is erected in a field. You could consider showing the marquee or stage in a scale of 1:100 with the surrounding area as a siteplan at scale 1:2500.
In some cases you may not, at the time of application, know the exact final layout and finer details of your plan. Matters such as seating/staging arrangements may change after you submit the application. You may wish to consider providing in your operating schedule a commitment to provide the relevant authorities with a more detailed, updated or revised plan shortly before your event takes place.
THE LICENSING ACT 2003, REGULATIONS & NATIONAL GUIDANCE:
The Act and Regulations are available electronically from the relevant Government website selecting the link below:
Department for Culture Media and Sport website
or by contacting
Department for Culture Media & Sport 2-4 Cockspur Street LONDON SW1Y 5DH
For general enquiries, call 020 7211 6000 or e-mail: enquiries@culture.gov.uk
Babergh’s ‘Statement of Licensing Policy’, enforcement protocol, guidance and other related information are all available electronically on the Council website by selecting the link below:
Statement of Licensing Policy (PDF, 170Kb)
or by contacting
The Licensing Team direct on 01473 825719
The ‘Statement of Licensing Policy’ is also available for viewing at the Council Offices in Corks Lane, Hadleigh during weekdays 9am to 4.30pm. If you do not have internet access at home, then the local library and any information points at the Council HQ reception and elsewhere in the district may assist you in viewing the Council website.
The Council also have a Guide to Organising Safe Events available on the Council website or available direct from Environmental Services as well as information regarding Fire Work Displays via the Health and Safety Executives web page by clicking the link below:
HSE Guidance to Organising Firework Displays
The Event Safety Guide (‘The Purple Guide’) – a guide to health, safety and welfare at music and similar events is available to download/purchase via the link below:
The Event Safety Guide (PDF, 918KB) (ISBN 9780717624539)
Please note: This document has been drafted for general guidance and advice purposes only in order to assist applicants with their application. The Authority accept no liability for any error or omission. Applicants are recommended to contact their own legal advisor should they have any difficulty in making an application.
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