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, 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.

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

Temporary Event Notices

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

An individual may give notice of their intention to use premises for a period not exceeding 96 hours.  Notice must be given within certain time limits

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

If you wish to hold an ad-hoc event in England or Wales, you must give a temporary event notice (TEN) to your local licensing authority no later than ten working days before the event. If the premises where the event is to be held is in areas governed by two or more local authorities applications must be made to each.

Unless you submit an electronic application you must also give a copy of the notice to the police no later than ten working days before the event.

You must be 18 years or older to give a TEN and can give a maximum of five TENs per year. If you are a personal licence holder, you can give a maximum of 50 TENs per year.

Your event must involve no more than 499 people at any one time and last no more than 168 hours with a minimum of 24 hours between events.

Please note: application fees are non-refundable in the event of cancellation or submission error.

Eligibility Criteria

An activity that can be licensed must be carried out as detailed in a notice that must be given. The notice must be in a specific format and must be made by someone over 18 years of age.

The notice should contain:

• if alcohol is to be supplied, a statement confirming that it is a condition of using the premises that the supplies are made under the premises user’s authority
• a statement relating to certain matters
• any other required information

The matters referred to above are:

• details of the licensable activities
• the event period
• the times when during that period the activities will take place
• the maximum number of people proposed to be allowed on the premises
• any other required matters

Regulation summary

A summary of the regulation relating to this licence

Application Evaluation Process

The TEN must be given in writing (including by electronic means) to the local authority at least ten working days before the event. A fee is payable with the notice.

The local authority will acknowledge receipt of the notice by giving a notice to the premises user before the end of the first working day it was received or before the end of the second working day if the day the notice was received is not a working day.

Unless an application has been submitted electronically, the premises user must also give notice to the chief officer of the local police department no later than ten working days before the event period.

The chief police officer who receives a notice and believes that the event would undermine crime prevention objectives can serve an objection notice on the licensing authority and the premises user. This notice must be served within 48 hours of receipt of the temporary event notice.

The local licensing authority must hold a hearing if an objection notice is served. They may issue a counter notice if it considers it necessary for the promotion of crime prevention objective. A decision must be made at least 24 hours before the beginning of the event.

A police chief may modify the TEN with the consent of the premises user. In such a case an objection notice will be deemed to have been withdrawn.

Counter notices may be provided by the licensing authority if the number of permitted TENs has been exceeded.

Will Tacit consent apply?

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

Apply for a temporary event notice

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

Failed application redress

Please contact your Local Authority in the first instance.

If a counter notice is given in relation to an objection notice the applicant may appeal against the decision. Appeals must be made to the local Magistrates’ court within 21 days. An appeal may not be brought later than five working days from the day of the planned event.

Licence Holder redress

Please contact your Local Authority in the first instance.

Other redress

If a licensing authority decides not to issue a counter notice in relation to an objection notice the chief police officer can appeal the decision. Appeals must be made to the local Magistrates’ court within 21 days. An appeal may not be brought later than five working days from the day of the planned event.

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.

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.