Decision Maker: Chief Executive
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Queries have arisen as to whether persons
having given notice of a Temporary Event are
able to receive a refund if their event is cancelled due to the impact of Covid-19. Some other
local authorities have processed refunds in this way.
The fee for a TEN fee is prescribed under the Licensing Act 2003 (£21). It is suggested
that it would not be appropriate to refund applicants this fee, and moreover the legality
surrounding refunds of fees under the Licensing Act 2003 is questioned.
The Council has never paid out in this manner previously when an event has been cancelled.
In light of the fact that the administration of the TEN costs more than the fee imposed,
the suggestion is that the Council solely allow the withdrawal of the notice to avoid TEN
numbers being taken up, and request a new application for a future date if the event is
Covid-19 is impacting the UK at an
unprecedented rate, and the usual systems available to make policy
decisions via the Licensing and Community Safety Committee,
Strategy and Resources Committee and Full Council are not
expedient. Given the circumstances many of these meetings are
compromised due to social distancing precautions being now in
place, it is believed that the most appropriate way forward is for
an urgent decision to be made.
Option 1 - as above
Option 2 - none
Option 3 -none
Publication date: 20/05/2020
Date of decision: 27/03/2020