Temporary event notice

As a result of deregulatory changes that have amended the Licensing Act 2003*, no licence is required for the following activities:  

Plays:  no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 500. 

Dance:  no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 500*. 

Films:  no licence is required for ‘not-for-profit’ film exhibition held in community premises between 08.00 and 23.00 on any day provided that the audience does not exceed 500 and the organiser; (a) gets consent to the screening from a person who is responsible for the premises; and (b) ensures that each such screening abides by age classification ratings. 

Indoor sporting events:  no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 1000. 

Boxing or wrestling entertainment:  From 22 June 2013 no licence is required for Greco-Roman wrestling or freestyle wrestling between 08.00 and 23.00 on any day, provided that the audience does not exceed 1000 and takes place in a building.

Live music:  no licence permission is required for: 

• a performance of unamplified live music between 08.00 and 23.00 on any day, on any premises.
• a performance of amplified live music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500*.
• a performance of amplified live music between 08.00 and 23.00 on any day, in a workplace* that is not licensed to sell alcohol on those premises, provided that the audience does not exceed 500.
• a performance of amplified live music between 08.00 and 23.00 on any day, in a church hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that; (a) the audience does not exceed 500, and; (b) the organiser gets consent for the performance from a person who is responsible for the premises.
• a performance of amplified live music between 08.00 and 23.00 on any day, at the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from:  (i) the local authority concerned, or (ii) the school or (iii) the health care provider for the hospital. 

Recorded music:  no licence permission required for: 

• any playing of recorded music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500*.
• any playing of recorded music between 08.00 and 23.00 on any day, in a church, hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance from a person who is responsible for the premises.
• any playing of recorded music between 08.00 and 23.00 on any day, at the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from the local authority concerned, or (ii) the school proprietor or (iii) the health care provider for the hospital.

Cross activity exemptions:  no licence is required between 08.00 and 23.00 on any day, with no limit on audience size for:

• any entertainment taking place on the premises of the local authority where the entertainment is provided by or on behalf of the local authority;
• any entertainment taking place on the hospital premises of the health care provider where the entertainment is provided by or on behalf of the health care provider;
• any entertainment taking place on the premises of the school where the entertainment is provided by or on behalf of the school proprietor;  and
• any entertainment (excluding films and a boxing or wrestling entertainment) taking place at a travelling circus, provided that (a) it takes place with a moveable structure that accommodates the audience, and (b) that the travelling circus has not been located on the same site for more than 28 consecutive days.

*for further information see the Home Office Revised Guidance issued under section 182 of the Licensing Act 2003. 

What are combined fighting sports?
The description of combined fighting sports is a contest, exhibition or display which combines boxing or wrestling with one or more martial arts which includes cage fighting.

Will I need to apply to have combined fighting sports on my licence or will it be done automatically by the licensing authority?
If your current authorisation (premises licence or club premises certificate) already allows you to hold a contest, exhibition or display of combined fighting sports, you can carry on doing so under the terms of that authorisation. No further action needs to be taken by you or by us.

Will we need to re-issue licences to include combined fighting sports?
No. Currently, combined fighting sports may be authorised under the Licensing Act 2003 as either ‘indoor sporting event’ or as ‘boxing or wrestling entertainment’. To the extent that an existing authorisation allows combined fighting sports, the licence will be treated as continuing to allow combined fighting sports, notwithstanding their reclassification.

Will the addition of combined fighting sports on a premises licence or club premises certificate that already include boxing and wrestling add extra conditions?
Yes, possibly. Where an existing authorisation does not cover combined fighting sports, you will need to apply to us to vary your licence. The application may be granted, possibly subject to the imposition of conditions relevant to combined fighting sports events.

Does this mean that people who have boxing and wrestling on a premises licence or club premises certificate can hold a contest, exhibition or display of combined fighting sports?
No. You can only do that if your authorisation currently extends to combined fighting sports. The only way by which this will have occurred is if your application for an authorisation made reference to combined fighting sports and was granted.

What is recorded music?
Recorded music activities amount mainly to discos and DJ events – where the audience is there primarily to be entertained by the music activity.

Why is live music allowed in workplaces but not recorded music?
As recorded music events are easily portable, they have, in the past, been more prone to noise and public order problems.

Will this allow raves?
No. Recorded music activities (usually disco and DJ events) will only be deregulated in the following places (between 08.00 and 23.00):

• In premises with an alcohol licence (unless this has been precluded by a licence condition).
• In events organised by local authorities, schools, nurseries or hospitals or in ‘community premises’

What if a recorded music event is noisy?
Other legislation is already in place which gives powers to us and the police to deal with issues, arising from a problem event.

What is the definition of a workplace in relation to regulated entertainment?
The term is defined in the workplace (Health, Safety and Welfare) Regulations 1992 and is, broadly speaking, any non-domestic place where someone works.

What is the definition of a play?
A play is defined in the Licensing Act 2003 as a performance (including a rehearsal) of any dramatic piece, whether involving improvisation or not, which is given wholly or in part by one or more persons actually present and performing, and in which the whole or a major proportion of what is done by the person or persons performing, whether by way of speech, singing or action, involves the playing of a role.

What happens to plays with nudity?
If the performance is solely or principally provided for the purpose of sexually stimulating any member of the audience then it will remain regulated.

You will need three copies of your temporary event notice.

One copy of the temporary event notice must be given to each of the following responsible authorities at least 10 clear working days before the event. ‘Ten working days’ notice means ten working days exclusive of the day on which the event is to start, the day on which the notice is given and Bank Holidays.

• Licensing Authority
• Environmental Protection Team
• Derbyshire Constabulary

You can apply several weeks / months before your event.

If there is an objection, from either the police or the Council's Environmental Protection Team, to the proposed events, which adversely affect the four licensing objectives (crime and disorder, public safety, prevention of public nuisance, protection of children from harm) and the matter cannot be resolved informally, there will be a hearing to decide whether or not the event will proceed. 

We must acknowledge and return a copy of the temporary event notice to the applicant on the working day after it is received. This copy of the Notice must be displayed on the premises during the event.

You must complete the Temporary event notice - application form and send this with the relevant fee. Our‌ licensing payments page‌ explains what fees apply and how to pay them. If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed. If an application has been verified by us and it is deemed as invalid/incomplete then the application fee will be non refundable and you will be required to resubmit your application and pay the appropriate fee again.

If you are posting the application forms (except minor variations), you are required to also serve a copy of the application, including the accompanying documentation, to the responsible authorities on the same day as the application is given to us. If the application is submitted electronically, we will provide copies to the responsible authorities. We can only accept applications for premises within our local authority area. 

Please submit your application form(s) together with the fee and any supporting documentation if applicable. Failure to do this will result in your application being rejected and you will be required to re-submit all the necessary documentation at the same time. If your payment is received prior to you submitting your application then please forward the receipt with the application form or write the receipt number on the application form to enable us to process your application.

You will need three copies of your temporary event notice, one copy of the temporary event notice must be given to each of the following responsible authorities. Late notices can be given no later than five working days but no earlier than nine working days before the event in relation to which the notice is given. A late notice given later than five working days before the event to which it relates will be returned as invalid and is therefore not authorised. 'Working days' are exclusive of the day on which the event is to start, the day on which the notice is given and Bank Holidays.

• Licensing Authority
• Environmental Protection Team
• Derbyshire Constabulary

The number of late notices that can be given in any one calendar year is limited to 10 for personal licence holders and two for non-personal licence holders. These count towards the total number of temporary event notices (such as, 50 temporary event notices per year for personal licence holders and five temporary event notices for non-personal licence holders).

If there is an objection from either the police or the Council's Environmental Protection Team, the event cannot go ahead as a counter notice will have been issued.

We must acknowledge and return a copy of the temporary event notice to the applicant on the working day after it is received. This copy of the notice must be displayed on the premises during the event.

You must complete the Temporary event notice - application form and send this with the relevant fee. Our licensing payments page explains what fees apply and how to pay them. If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed. If an application has been verified by us and it is deemed as invalid/incomplete then the application fee will be non refundable and you will be required to resubmit your application and pay the appropriate fee again.

If you are posting the application forms (except minor variations), you are required to also serve a copy of the application, including the accompanying documentation, to the responsible authorities on the same day as the application is given to us. If the application is submitted electronically, we will provide copies to the responsible authorities. We can only accept applications for premises within our local authority area.

Please submit your application form(s) together with the fee and any supporting documentation if applicable. Failure to do this will result in your application being rejected and you will be required to re-submit all the necessary documentation at the same time. If your payment is received prior to you submitting your application then please forward the receipt with the application form or write the receipt number on the application form to enable us to process your application.

Any business buying alcohol from a UK wholesaler for onward supply to their customers will need to check that their wholesaler has been approved by HM Revenue and Customs (HMRC) under the Alcohol Wholesaler Registration Scheme (AWRS).

If the premises has a premises licence or club premises certificate which you want to use to carry on licensable activities, it is possible that any conditions which apply to the licence or certificate may be imposed on the temporary event notice.

If the premises have gaming machines and you have a notification of two machines or less in place, then the notification is null and void for the duration of the temporary event notice. All gaming machines must be switched off so that they cannot be played during this time.

All events, including those in aid of charity, must meet recognised safety standards. An event organiser is responsible under the law for the safety of everyone at the event, including the public, employees and volunteers.

Information and guidance on planning an event can be found on the Derbyshire Prepared website.

Yes, you can withdraw the temporary event notice but it will still be included in the total amount of tens applications that you are permitted.