Alcohol and entertainment licensing – including TENs

If you operate an establishment where alcohol is consumed on or off the premises such as a public house or club, an hotel or a guest house, off licence, supermarket, grocers and corner shops.  Or if you manage or own premises such as Nightclubs or other places licensed for public entertainment, sports entertainment venues, cinemas and theatres, village and community halls, cafes, restaurants and takeaways opening later than 11.00 pm.

The sale by retail of alcohol is a licensable activity and may only be carried out if the correct licences are in place. Therefore if you are considering starting up a business from home which includes the sale or supply of alcohol, you must ensure that you apply for the relevant licences and do not commence any licensable activities until the licences have been granted.

To sell alcohol from your premises (i.e. home address), you are required to have a premises licence granted and for at least one person in the business to have a personal licence. That person does not have to be present on the premises to oversee the sale of alcohol, but is responsible for any sales made.

These two licences must be applied for and granted before you can start selling alcohol:

• Premises licence: required for the premises where the alcohol will be distributed/delivered from.
• Personal licence: a personal Licence is granted to the individual and allows the holder to sell or authorise (other people) the sale of alcohol in accordance with and under the terms of a premises licence. Once you have your personal licence, you will nominate yourself to become the ‘designated premises supervisor’ and name yourself on the premises licence. Every premises licence that allows the sale of alcohol by retail requires there to be a designated premises supervisor named.

A Personal Licence

Provides the applicant with the right to sell alcohol at any licensed premises.   The granting of this licence is likely to be automatic if the applicant is properly qualified and has no relevant convictions.

A Premises Licence

The applicant must provide the Council with an operating schedule which includes information on:

• the premises
• mode of operation
• intended activities, including opening hours
• steps to be taken to minimise the risk of crime and disorder and/or of public nuisance.

Formal notice of each application has to be given to the Police, Kent Fire and Rescue and other relevant bodies and notice displayed on the premises and in newspapers. If objections are received the application must be considered by a Licensing Sub-Committee otherwise it will be granted under powers delegated to the Council’s officers.

The licence will last for the life of the business but can be reviewed at the request of the Police and other responsible bodies, or following the complaints of residents or businesses being upheld.

A premises licence can be surrender if a business closes down.  If a licence is surrendered it can be made live again within 28 days of the surrender after that time period a new licence has to be applied for.

A premises licence cannot be moved from one premise to another it is only valid for the one premises.

Please read this document before applying for a premises licence – Applying for a Premises Licence

Once applied for the fee is non-refundable.

Temporary Event Notices

A Temporary Events Notice is for carrying out a ‘licensable activity’ on unlicensed premises.

See – Apply for a Temporary Event Notice

Renew your premises licence online – please use the link below to pay your yearly renewal fee

Complete the renewal form and make your payment online

Temporary Event Notices (TENs)

What is a Temporary Event Notice ?

Temporary event notices allow you to carry out  ‘licensable activities’ in premises that don’t have a licence for that activity.

Licensable activity includes:

• selling alcohol
• serving alcohol to members of a private club
• providing entertainment, such as music, dancing or indoor sporting events
• serving hot food and/or hot drinks between 11pm and 5am

Applying for a licence is formally known as ‘serving’ a Temporary Event Notice.

You will also need a TEN if a particular licensable activity is not included in the terms of your existing licence, for example holding a wedding reception at a community centre.

Restrictions

Your event must:

• have less than 500 people at all times (499) – including staff running the event
• last no more than 168 hours (7 days) – with a minimum of 24 hours between events

Number of notices you can apply for

• You need a TEN for each event you hold on the same premises
• You can get up to 5 TENs a year if you do not hold a personal licence to sell alcohol
• Up to 50 a year if you already have a personal licence to sell alcohol
• A single premises can have up to 15 TENs applied for in one year, as long as the total length of the events is not more than 21 days.
• The maximum duration of the periods covers by TENs at any individual premises 21 days
• If you’re organising separate but consecutive events, there must be at least a 24 hour gap between them

How to apply for a TENs or Late TENs

• The fee is £21 and can be paid by debit or credit card.
• You must be at least 18 to apply for a TEN.
• You can only apply for a TEN as an individual, not an organisation.
• Apply no later than 10 clear working days before the event (not including the day the application is made or the date of event)

Late TENs’

The latest you can apply for a ‘late TEN’ is 5 clear working days before the event (but not earlier than 9 working days). This cannot include the day the application is made or the day of the event.

• If you don’t hold a personal licence, you can serve up to 2 late TENs per year.
• If you hold a personal licence, the limit is 10. Late TENs count towards the total number of permitted TENs.

Objections

The council can’t refuse a notice unless the police or Environmental Health team object to it. They must do this within 3 working days of receiving it. They can only object if they think your event could:

• lead to crime and disorder
• cause a public nuisance
• be a threat to public safety
• put children at risk of harm

To assist in avoiding objections you should include as much information as possible

If there’s an objection our licensing committee will hold a meeting (called a ‘hearing’) no later than 24 hours before the event (unless all parties agree that a hearing isn’t needed).

At the hearing, the committee will either approve, add conditions or reject the notice.

Late TENs

If the police or Environmental Health object to a late TEN, the notice won’t be valid and you can’t hold the event.

Appeals

If you disagree with the licensing committee’s decision, you can appeal to your local magistrates’ court. You must do this within 21 days, and at least 5 working days before the date of your event.

Displaying your notice

You must keep your TEN in a safe place where the event is held.

You must also display a copy of the notice where it can be easily seen.

Fines and penalties

You could be fined if you make any false statements in your application, or face prosecution if you breach the terms of the notice.

• If you don’t have a TEN and carry out an activity that you should have a licence for (or allow your premises to be used for one), you can be fined, sent to prison for up to 6 months, or both.

Regulation summary

A summary of the regulation relating to this licence

Apply

Please note that you will be making your application to Thanet Council via Gov.UK’s online licensing service.

Application fees are non-refundable in the event of cancellation or submission error.

Apply for a temporary event notice

To authorise the supply of alcohol and regulated entertainment in a qualifying club you need a club premises certificate from your local authority. In a qualifying club there is technically no sale by retail of alcohol (except to guests) as the member owns part of the alcohol stock and the money passing across the bar is merely a mechanism to preserve equity between members where one may consume more than another. In order to constitute a qualifying club you must also satisfy the various requirements set out in the Licensing Act 2003.

Eligibility Criteria

Clubs must be qualifying clubs. A qualifying club has general conditions it must satisfy. These are:

• a person may not be given memberships or as a candidate for membership to any membership privileges without an interval of at least two days from their membership application or nomination and their membership being granted
• that club rules state that those becoming member without nomination or application cannot have membership privileges for at least two days between them becoming members and being admitted to the club
• that the club is established and conducted in good faith
• that the club has at least 25 members
• that alcohol is only supplied to members on the premises on behalf or by the club

Additional conditions in relation to the supply of alcohol must be complied with. These conditions are:

• that alcohol purchased for and supplied by the club is done by members of club who are over 18 years of age and are elected to do so by the members
• that no person at the expense of the club receives any commission, percentage or other similar payment in regard to the purchase of alcohol by the club
• that there are no arrangements for anyone to receive a financial benefit from supplying alcohol, apart from any benefit to the club or to any person indirectly from the supply giving a gain from running the club

Registered industrial and provident societies and friendly societies will qualify if the alcohol is purchased for and supplied by the club is done under the control of the members or a committee of members.

Relevant miners’ welfare institutes can also be considered. A relevant institute is one that is managed by a committee or board that consists of at least two thirds of people appointed or elevated by one or more licensed operators under the Coal Industry Act 1994 and by one or more organisations who represent coal mine employees. The institute can be managed by the committee or board where the board cannot be made up as detailed above but is made up of at least two thirds of members who were employed or are employed in or around coal mines and also by people who were appointed by the Coal Industry Welfare Organisation or by a body who had similar functions under the Miners’ Welfare Act 1952. In any case the premises of the institute must be held on a trust as required under the Recreational Charities Act 1958.

Regulation summary

A summary of the regulation relating to this licence

Application Evaluation process

A club can apply for a club premises certificate for any premises which are occupied and used regularly for club purposes.

Applications should be made to the local licensing authority, which will the local authority where the premises are situated.

Applications should be submitted with a plan of the premises which must be in a specific format, a copy of the rules of the club and a club operating schedule.

A club operating schedule is a document which must be in a specific format and which includes information on:

• the activities of the club
• the times the activities are to take place
• other opening times
• if alcohol supplies are for consumption on or off the premises or both
• the steps that the club propose to take to promote the licensing objectives
• any other information that is required

If there any alterations to the rules or name of the club before an application is determined or after a certificate is issued, the club secretary must give details to the local licensing authority. If a certificate is in place this must be sent to the licensing authority when they are notified.

If a certificate is in place and the registered address of the club changes the club must give notice to the local licensing authority of the change and provide the certificate with the notice.

A club may apply to a local licensing authority to vary a certificate. The certificate should accompany the application.

The local licensing authority may inspect the premises before an application is considered.

Fees may be payable for any type of application relating to a club premises certificate.

Will Tacit consent apply?

Yes, tacit consent will apply after thirty working days unless you have heard from the Local Authority that representations have been made and a hearing is necessary.

Apply now

• Apply for a new club premises certificate
• Apply for a declaration for a club premises certificate
• Tell us about a minor change to your existing premises or club
• Tell us about a change to your existing details or club rules
• Tell us about a change to your existing club premises
• Renew your existing club premises certificate

Please note that you will be making your application to Thanet Council via Gov.uk’s online licensing service.  There is no charge for using this facility.

Failed Application appeals

Please contact your Local Authority in the first instance.

A failed applicant will receive notice of the refusal of an application for a certificate or variation of a certificate from the local licensing authority.

If an application is rejected, the applicant may appeal the decision.

Appeals must be made to the local Magistrates’ court within 21 days of the decision appealed.

Licence Holder appeals

Please contact your Local Authority in the first instance.

If a local licensing authority refuses an application for a variation the licence holder may appeal the decision. A licence holder can appeal against a decision to put conditions on a certificate or to exclude any club activity. Appeals may also be made against the variation of any condition.

Appeals against the decision of a review can be made.

A club may appeal against the withdrawing of a certificate.

Appeals must be made to the local Magistrates’ court within 21 days of the decision appealed.

Consumer appeals

A club member may request a review of the certificate. The local licensing authority will give reasons for their response to the application in a notice.

Appeals against the decision of a review can be made.

Appeals must be made to the local Magistrates’ court within 21 days of the decision appealed.

Any interested party may make representations to the local licensing authority before the certificate is granted or before amendments to a certificate are granted. If representations are made a hearing will be held to consider the application and the representations. Notices will be made by the local licensing authority detailing the reasons for any outcome.

Interested parties who made representations will receive notice of a failed application.

An interested party is:

• a person living near the premises or a body representing such a person
• a person involved in a business near the premises or a body representing such a person

An interested party may request a review of the club premises certificate. The local licensing authority will give reasons for their response to the application in a notice.

An interested party may appeal if they argue that a certificate should not have been granted or that different or additional conditions or limitations on activities should have been made. They may also appeal against any variation of a condition.

Appeals against the decision of a review can be made.

Appeals must be made to the local Magistrates’ court within 21 days of the decision appealed.

To provide late-night refreshments and regulated entertainment, and or sell alcohol, you need a licence from the local authority if you are in England and Wales.

Eligibility criteria

Any of the following may apply for a premises licence:

• anyone who uses carries on a business in the premises to which the application relates
• a recognised club
• a charity
• a health service body
• a person who is registered under the Care Standards Act 2000 in relation to an independent hospital
• a chief police officer of a force in England and Wales
• anyone discharging a statutory or function under Her Majesty’s prerogative
• a person from an educational institute
• any other permitted person

Applicants must not be under 18 years of age.

Once applied for the application fee is non-refundable.

Please read this document before applying for a premises licence – Applying for a Premises Licence

Regulation summary

A summary of the regulation relating to this licence

Application Evaluation Process

You are not required to have a personal licence to be employed in a pub or other business that sells alcohol. Premises licensed to sell alcohol must have a designated premises supervisor, who holds a personal licence. The one exception is a community premises that has successfully applied to waive the DPS requirement under section 41D of the act. Anyone who does not hold a personal licence must be authorised to sell alcohol by a personal licence holder. There is no such requirement for the supply of alcohol in a members’ club.

Personal licences allow you to sell alcohol on behalf of any business that has a premises licence or a club premises certificate. The relationship is similar to the way that a driving licence permits the driving of any car.

About the licence

The personal licence is designed to ensure that anybody running or managing a business that sells or supplies alcohol will do so in a professional fashion. Once you receive your personal licence, you can act as the designated premises supervisor for any business that sells or supplies alcohol.

Who can apply

In order to apply, you must be aged 18 years or over, and (in almost all cases) hold a relevant licensing qualification – for example, the BIIAB Level 2 Award for Personal Licence Holders or a similar accredited qualification.

If you are applying for a personal licence, you must obtain an accredited qualification first. The aim of the qualification is to ensure that licence holders are aware of licensing law and the wider social responsibilities involved in the sale of alcohol. Personal licence qualification providers are accredited by the Home Secretary.

Download the full list of accredited personal licence qualification providers.

We will want to know of any relevant criminal convictions, and these may impact on whether or not you’re found to be suitable as a licensee. You will also need to provide a basic criminal convictions disclosure which must be dated no more than one month prior to the date of your application from the .Gov website

Download the Personal Licence Application form. and the Disclosure of Convictions form

Please return your completed forms to: Thanet District Council, Licensing Dept, Cecil Street, Margate, Kent CT9 1XZ

You will also need to supply 2 passport photos one of which should be signed on the back.

The fee for the application is £37.00 – this can be paid via cheque or via Bacs

National Westminster Bank PLC

Sort Code – 60 14 05

Bank Account – 67834000

Payee – Thanet District Council

Change of name or address on your personal licence 

If you change your name or address you will need to complete the relevant form – Change of name or address pay the fee of £10.50, using the BACs details above and supply a new signed passport photo, which should be sent to the Licensing Department, Thanet District Council, PO Box 9, Margate Kent CT9 1XZ

Lost or damaged licence/badge

If you misplace or damage your licence you will need to pay £10.50 which can be done using the Bacs details above or sending in a cheque.   Email licensing@thanet.gov.uk with the changes and supply a new passport photo for the replacement badge.