LICENSING GUIDANCE FOR HIRERS
If you are organising a temporary event and want to serve or sell alcohol, provide late night refreshment, or put on regulated entertainment in the Tonbridge and Malling Borough, you will need to complete a temporary event notice (TEN). Click here for further information and to apply for a TEN.
Guidance for showing plays and films
Q: Do I need a licence to put on a play or show a film in the Hall?
A: There are two separate issues here. First, do you have the right to perform a play or show a film from a copyright point of view? Secondly, are you authorised to provide such entertainment in the Hall even if you have authority under copyright to do so?
If you want to put on the performance of a play you need to obtain permission of the author. There is normally a small charge for this. There is no central body covering such rights, and it is up to you to identify where and how to obtain the right to perform the play concerned. Most playwrights use an agent for this purpose, and you should be able to locate the appropriate one online. Note that plays written more than 70 years ago do not carry a copyright charge in terms of performance. Similarly, any film you wish to exhibit will require you to obtain permission from the maker/distributor. This is normally included in the charge you pay for hiring the film. Note that you are not permitted to display publicly a film which you have purchased or hired for personal use only.
The Village Hall does not have a Premises Licence from the local authority, and is therefore not licensed for the performance of a play or exhibition of a film. However, under the Deregulation Act 2015, hirers are permitted to undertake these activities in the Hall, provided that the Hall has given written permission to the hirer to do so. By signing the Hiring Agreement hirers will be granted that permission.
Note that the Deregulation Act 2015 only allows music, plays and film up to 23:00 (11 o'clock in the evening), and that is why it is a requirement to turn off music and finish other entertainments by that time.
It is also the hirer’s responsibility to ensure that screenings of film abide by age classification ratings.
Please note:
This guidance reflects the licensing requirements affecting hirers of the West Peckham Village Hall as currently understood by the village hall trustees. It is not a definitive statement of the position, licensing is a complex area, and if you are in any doubt about any of the issues you should seek appropriate third party advice, including contacting the licensing authority.
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Guidance for playing music
Q: Do I need a licence to play live and/or recorded music in the Hall?
A: There are two separate issues here. First, do you have the right to play someone else's music/songs from a copyright point of view? Secondly, are you authorised to play music in the Hall even if you have authority under copyright to do so?
West Peckham Village Hall has a combined license with the Performing Right Society (PRS) and the Phonographic Performance Licence (PPL) organisation for the performance of copyright and recorded music in the Hall. These licences mean that you do not need to obtain your own copyright licence.
The Village Hall does not have a Premises Licence from the local authority, and is therefore not licensed for the performance of live music, the playing of recorded music or an exhibition of film. However, under the Deregulation Act 2015, hirers are permitted to undertake these activities in the Hall, provided that the Hall has given written permission to the hirer to do so. By signing the Hiring Agreement hirers will be granted that permission.
Note that the Deregulation Act 2015 only allows music and film up to 23:00 (11 o'clock in the evening), and that is why it is a requirement to turn off music by that time.
Please note:
This guidance reflects the licensing requirements affecting hirers of the West Peckham Village Hall as currently understood by the village hall trustees. It is not a definitive statement of the position, licensing is a complex area, and if you are in any doubt about any of the issues you should seek appropriate third party advice, including contacting the licensing authority.
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Guidance for food
Q: Do I need a licence to prepare, serve or sell food at an event in the Hall?
A: Food hygiene and safety is nowadays strictly regulated, particularly through Regulation 852/2004 on the Hygiene of Foodstuffs. The extremely wide definition in the legislation of "food business", "food", "sale", etc. mean that almost all food or drink prepared, stored, sold or supplied in a village hall is covered; this is irrespective of whether or not it’s done for profit.
Regulation 852/2004 requires the operator of each separate "food business" using the hall to register, so it is feasible for several "food businesses" to be registered at the same village hall, with the operator of each being responsible for the safety of the food prepared and handled in the course of their own business or activity.
If you provide food in the Hall you are only exempt from regulation if your food activities are considered not to be “continuous and organised undertakings”. Organisations hiring the Hall and unsure of their situation should contact the local environmental health officer at Tonbridge & Malling Borough Council for advice.
What is and is not a continuous and organised undertaking in the context of a “food business"? The law is clear on that, as the Regulation states, "Operations such as the occasional handling, preparation, storage and serving of food by private persons at events such as church, school or village fairs are not covered by the scope of the regulation”.
It continues, "Somebody who handles, prepares, stores or serves food occasionally and on a small scale (e.g. a church, school or village fair and other situations such as organised charities comprising individual volunteers where the food is prepared occasionally) cannot be considered as an "undertaking" and is therefore not subject to the requirements of Community hygiene legislation".
So one-off hirers for parties, for example, would be unlikely to require registration, unless a third party caterer is to be used, in which case you should ensure that the caterer is appropriately registered. However, you should be clear that whether as an organisation or an individual, you are responsible for ensuring the safety of all food served, and also that all legislative requirements are met.
Please note:
This Guidance reflects the licensing requirements affecting hirers of the West Peckham Village Hall as currently understood by the village hall trustees. It is not a definitive statement of the position, licensing is a complex area, and if you are in any doubt about any of the issues you should seek appropriate third party advice, including contacting the licensing authority.
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Guidance for alcohol
Q: Do I need a licence to sell or serve alcohol at an event in the Hall?
The Village Hall does not have a Premises Licence. The Hall is therefore not licensed for the sale of alcohol. If you charge for admission/sell tickets to an event and you provide alcohol at it, that constitutes the sale of alcohol. This is the case whether or not you charge separately for alcohol or include it in the ticket price, and whether the alcohol has been donated or paid for by you or others.
If your event will involve the sale of alcohol (as defined above) it is illegal (and subject to a fine not exceeding £20,000) unless you obtain a Temporary Event Notice (TEN). This is a temporary licence to sell alcohol and is obtainable from the local authority, Tonbridge & Malling Borough Council. TENs can be applied for online, and there is a charge of £21 per application. The process takes a minimum of 10 working days, but you are advised to give substantially more notice than this to avoid the risk that your event cannot go ahead and that you forfeit your booking fee.
Before applying for a TEN you must notify us in writing of your wish to apply, and you may not submit such application until we have given you our written consent. This is because the number of TENs that are permitted to be issued for any premises in a single year are strictly limited.
If alcohol is to be served, but no tickets are sold and no charge is made for the event, whether public or private, you should not require a TEN. But you must still advise the Village Hall that you intend that alcohol will be served. The village hall trustees may then wish to investigate further the circumstances involved.
Please note:
This Guidance reflects the licensing requirements affecting hirers of the West Peckham Village Hall as currently understood by the village hall trustees. It is not a definitive statement of the position, licensing is a complex area, and if you are in any doubt about any of the issues you should seek appropriate third party advice, including contacting the licensing authority.
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