MP rubbished for TEN claims

Claims by a Liberal Democrat MP that pubs are abusing the Licensing Act over temporary event notices (TENs) have been rubbished as inaccurate and designed to appease local residents.

Sutton and Cheam MP Paul Burstow told the Commons "smart" licensees were obtaining TENs to put on events that last into the early hours. Burstow claimed that local residents were unable to do anything to stop them.

He said: "The notices are being used by pubs to avoid conditions of their licences."

Burstow added he did not blame hosts using a legal loophole to get around conditions and added it was the Government's fault for not spotting the get-out clause.

He also claimed the situation was acting against schools, churches and voluntary groups, which he said were the supposed beneficiaries of TENs. MA legal columnist Peter Coulson said Burstow's outburst was "completely unfounded" and showed he did not understand the purpose of TENs.

"Licensees applying for temporary event notices are doing nothing wrong. The whole point about TENs is they can be used by licensed and unlicensed people."

Coulson also dismissed Burstow's claim that local authorities and residents were powerless to stop unruly pubs. He said police could veto an application for a TEN if they thought it was likely to cause a nuisance.

Your Comments​Neil Stanlake​ via email 08/08/2006"I am a Police Licensing Officer within the Torbay Police area in Devon, and have been so for 13 years. Peter Coulson states the police can veto a TEN if they thought it was likely to cause a nuisance. This is not correct, as we can only lodge an objection on the grounds of crime and disorder. A lot of "nuisance" do not come within the remit of crime and disorder and this is where the problem lies. There is no doubt that some unscrupulous operators are and will exploit the loopholes which TENS have created. Of all the issues that the new Licensing Act has raised, TENS have caused the biggest headache."

Peter Coulson​ via email 08/08/2006"Thank you for your comment. Unfortunately, the reporter compressed what I said on the telephone — I am fully aware that police can only issue an objection notice on crime and disorder grounds (see my page later this week) but I commented it was not true to say that there were no possibilities for controlling TENs. The police and EHOs can take action if there is noise or disturbance to neighbours emanating from the premises. I said that it was unlikely that a crime and disorder notice would be issued in advance against a pub, but that you could even close premises with a TEN on noise nuisance grounds (see section 161 (1) and (8) of the 2003 Act).

Where I can agree with you is that TENs are most unsatisfactory, from every perspective. An attempt to amalgamate every type of extra permission into one category pleases no-one. But as you are aware, the DCMS is unlikely to budge at present."