Published: 11 May 2015
Q: I am the owner of a busy city centre bar. I regularly apply for Temporary Event Notices for parties and other events held at my premises. My premises licence contains several conditions including the requirement for two door supervisors to be employed on Friday and Saturday nights, with the specification that they remain on duty until our specified closing time of 1am. It is obviously extremely expensive to employ door staff and I am anxious to make any savings that I can. When I apply for a TEN for later hours, do I need to keep my door staff on duty until the closing time specified on the TEN or am I allowed to release them at 1.00am.
A. The imposition of conditions on a TEN depends upon a number of factors. If there is no objection to your TEN then no conditions can be imposed on it (such as the need for door supervisors during the hours covered by the TEN). The Licensing Act 2003 provides that only a licensing authority can impose conditions (from the existing conditions on your premises licence) and can only do so: (1) If the police and/or the Environmental Health Officer (EHO) have objected to the TEN; (2) If that objection has not been withdawn; (3) If the licensing authority considers it appropriate for the promotion of the licensing objectives to impose one or more conditions. Any condition must not be inconsistent with the event you are planning, but in your case the door staff condition would probably satisfy this test. Such a conditon may be imposed at a hearing unless all parties (including you) agree that a hearing is unnecessary. Either way there is a requirement however that if conditions are added to the TEN, then you must be nofified. So much will depend upon the attitude of the Police and EHO. Bear in mind though that if no objection to your TEN is received, and whilst there may be no requirement for you to retain your door staff beyond 1.00am, you may well be advised to employ door staff for any additional hours. A desire to save costs in the short term might have far reaching consequences for your licence. For example if there is fighting or antisocial behaviour on or in the immediate vicinity of your premises during the period of the TEN this could ultimatel result in a review of your licence by the police or neighbours or both.
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