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Licensing Act 2003: When is a licence needed?

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The Licensing Act 2003

 

Guidance for Dorset Village Halls

 

When is a licence needed for our Village Hall?

 

The Licensing Act 2003 (the Act) allows for premises to be licensed for the sale of alcohol, regulated entertainment, live or recorded music, plays, films, and dancing, boxing and wrestling and indoor sporting events and the provision of late night refreshments. 

If there are any of these activities taking place at your village hall, then a licence must be sought from the Licensing Officer from your local District Council for the area in which your village hall is located within the County of Dorset. 

 

Under the Licensing Act, there are three different types of licences for licensing village hall premises. 

These are;

i)              Premises Licences (permanent licences),

ii)             Club Premises Certificates (members clubs) and,

iii)            Temporary Event Notices (temporary licences). 

 

This fact sheet is aimed to give advice specifically on Temporary Event Notices (TEN’s).

 

Temporary Event Notices (TEN’s)

 

If a village hall is only expecting to hold up to 12 events in any one year, they may consider giving notification of a TEN for each specific event. 

This is not an application for a licence but a notification by the event organiser advising your local District Council that an event is going to be held.

TEN’s can also be used to authorise ‘ad hoc’ events held in village hall premises involving no more than 499 people at any one time.

 

The village hall premises user must, no later than 10 working days before the day on which the event is to start.

Give copies of the notice to the District Council and to the local Police. 

Anyone aged 18 or over who is not a Personal Licence holder, can apply for a maximum of five TEN’s per year.  Personal Licence holders can apply for up to 50 TEN’s per year.

 

No more than twelve TEN’s can be given in respect of any one village hall premises in any one year, subject to a maximum aggregate duration of 15 days in any one year at any individual premises.

There must be a minimum of 24 hours between events in respect of the same village hall premises and each event covered by a TEN, which can last up to 96 hours. 

 

Provided that the criteria set out above are met, only the Police may intervene to prevent an event or agree a modification of the arrangements for such an event which is covered by a TEN.

Police may only object to a TEN on ‘Crime Prevention Grounds’.   If the Police make an objection then the District Council in the area where the village hall is located, will issue a counter notice to the village hall premises user at least 24hrs before the commencement of the event.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When do I need a TEN?

 

A TEN is required when any licensable activities take place that are not already covered by an existing licence,

(A village hall premises can be licensed with a ‘premises licence’ and a TEN can also be used to, for example, extend the hours or to cover a non-licensed activity). 

There is much confusion over when TEN’s are required as there are some exemptions. 

I have produced a list of examples which will hopefully cover most instances. 

If you are planning to hold an event which is not covered within this list, or you would just like to double-check, then please contact the Licensing Officer of your local District Council.

 



Type of Event


Licence Required


Licence NOT Required


Raffle with alcohol as a prize*


-


X (providing the alcohol is in sealed containers)


Tombola with bottles of alcohol as prizes *


-


X (providing the alcohol is in sealed containers)


Private birthday party/wedding.

Alcohol being sold at a pay bar


A licence would also be required for any other regulated entertainment


-


Private birthday party/wedding – alcohol being provided free of charge


-


For the alcohol(a licence may be required for regulated entertainment)


Charity event – ticket only (with alcohol included in the ticket price)


 

A licence would also be required if there was any regulated entertainment


-


Any event with a pay bar


Sale of alcohol


-


Bring your own alcohol to an event e.g. quiz evening


-


Providing that there is no corkage fee


Rural cinema/ film showings


Films are licensable entertainment unless the films are purely educational


-


Any event with entertainment e.g. disco, band


If the event is a private event then a licence is not needed, unless the purpose of the event is to make a profit – this includes fund raising for charitable purposes)

 


-


Race Nights


Comes under the showing of films

(If there is any financial gain taking place you will need to seek advice under the Gambling Act 2005).

Don’t forget if you have alcohol sales you will require a licence


-


Poker nights


Would only require a TEN if there are alcohol sales or entertainment taking place.  There are very strict guidelines in place for Poker under the Gambling Act 2005. 

Please contact your Local Council’s licensing Officer for more information.


-


Mulled wine at a Christmas Event


If the wine is alcoholic and being sold (either by ticket, donation or cash)


X

If being given away or the wine is non-alcoholic


Late night refreshment.

The sale of hot food and/or hot drinks between 23.00 – 05.00 hours (e.g. selling bacon rolls or hot drinks at a new year’s eve event at midnight



-


Children’s birthday party


If music and dancing are being held


X

If no music or dancing is taking place


Theatre

E.g. Christmas Pantomime



-


Ballet show



-

 

*A lottery registration may also be required if tickets are being sold in advance of the event. 

If tickets are being sold only at the event at which the draw is being held, a lottery registration is not required.

 

Some village halls are licensed permanently for a number of licensable activities. 

To check if your premises are licensed, please check with your local District Council Licensing Officer for the area your village hall is located.

 

To apply for a TEN, you will need to either request an application form from the Local District Council’s licensing Officer or download a form from your local District Council’s Webb Site. 

A TEN usually costs £21 for each application. 

This payment needs to be sent to your local District Council in the area your village hall is located along with two copies of the application form. 

A copy of the application form also needs to be sent to the Dorset Police at their Licensing and Enquiry Unit. 

You should receive a response from the local District Council Licensing Officer within 48 hours of the Council receiving the application.

 

If you have any further queries then please contact your local District Council’s Licensing Team or send a brief email outlining your event to the Licensing Officer of your local District council.

 

NB: All District Councils in Dorset will not tolerate any breaches of the Licensing Act or their Conditions and will not hesitate to taking formal action.

 

All and any person(s) found guilty of holding unlicensed activities, is liable on summary conviction at a magistrates Court to imprisonment for a term of not exceeding six months and/or a fine of up to £20,000 or both.