Application evaluation process
The TEN must be given in writing (including by electronic means) to Maldon District Council Licensing at least 10 clear working days (or five working days for a late notice) before the event. The Licensing team will acknowledge receipt of the TEN in writing to the premises user.
Unless an application has been submitted electronically, the premises user must also give notice to:
- The Chief Officer of Police, Licensing Department (Alcohol), Essex Police, Braintree, Essex CM7 3DJ; and
- Environmental Health, Maldon District Council, Princes Road, Maldon, Essex CM9 5DL
no later than 10 working days before the event or 5 days if it is a late TEN.
Authorised Police and Environmental Health officers can send objections to Licensing and the premises user if they believe that the event would undermine any of the licensing objectives. The objections must be sent within 3 working days following receipt of the TEN.
If it is not a late TEN, mediation can take place between the Police and / or Environmental Health, responsible authorities under the Licensing Act 2003, and the premises user. The TEN can be modified and the responsible authority will advise Licensing and it will be deemed that the objection has been lifted.
If there is no mediation or the responsible authority and the premises user cannot reach agreement, Licensing must hold a hearing for the matter to be determined by Members of the Planning and Licensing Sub-Committee. Members can determine whether to apply existing conditions from a Premises Licences to a TEN if it fulfils the licensing objectives. If a late TEN, however, there will be no hearing and there is no right of appeal.
Licensing will issue a counter notice to the premises user if a TEN does not fulfil event criteria. For example, if the permitted number of TENs has been exceeded. It will also serve a counter notice for a late TEN if it has received an objection from authorised Police or Environmental Health officers. Licensing must serve the counter notice at least 24 hours before the event is due to start.