When Nigel Farage attended “Farage Fest” at Great Oakley Airfield in the early hours of Friday 14 August, he was in good spirits. We now know that a Late Temporary Event Notice for the overnight event had been refused. Reform says no licence was needed – but questions remain about the activities taking place that night and what authorisation, if any, they required. If licensable activities took place without the necessary authorisation, those responsible could potentially have committed a criminal offence, carrying an unlimited fine or up to six months in prison.
This was no ordinary election night party. There were live bands, bars, fire pits, marquees, hundreds of tents and a Ferris wheel. Farage told GB News political editor Christopher Hope that the event was a “thank you” for those who had volunteered and helped with the campaign in Clacton. In the cheerful exchange, Farage stated that more than 2,000 people were invited to attend and, when asked who was paying for it, indicated that those who attended had “paid to come”.
According to a post on X by Hope, there were live bands, bars, fire pits and marquees. He went on to describe it as “a political Glastonbury in Essex”.
But one detail about the event is particularly interesting.
In a post on LinkedIn on Monday 17 August, Ben Sherriff, Head of Conference Services at Reform UK, said: “From the initial planning through to delivery in just one week, we welcomed 600 people and operated from 11pm doors open through to an 11am site close. This was completely new territory for every team involved.”
“A different style of event brought with it new security considerations, new operational challenges and, most importantly, plenty of new learnings.”
Organising an event of this size in just one week would be quite an achievement. However, further enquiries by East Anglia Bylines shows that not every rule may have been followed.
The numbers matter
Sometimes, when a one-off event is planned, those organising it can apply for a Temporary Event Notice (TEN). That notice can allow licensable activity to take place which would not otherwise be covered.
A standard TEN has to be submitted at least ten clear working days before an event. There is also a late TEN, which can be submitted between five and nine clear working days beforehand.
Farage said more than 2,000 people were invited, while Sherriff said: “we welcomed 600 people”. His wording appears to refer to guests rather than the total number of people working at the event. Sherriff himself referred to security considerations, while the event also included live entertainment, bars and a Ferris wheel, all of which required people to operate them.
It is not known how many of the 600 guests were on site at the same time, nor how many staff, performers and organisers were present. But if the total number of people on the site reached 500 at any point then a TEN could not have covered the event even if it had been issued, and it now seems it was not.
Lisa Hastings, Corporate Director for Law and Governance at Tendring District Council, says: “We can confirm that a Late Temporary Event Notice (Late TEN) was submitted in relation to an event on Thursday, 13 August, at Great Oakley Airfield.
“This notice was refused, and a counter-notice served, as it was not submitted within the statutory timescales required under the Licensing Act 2003. No authorisation was therefore granted under a Late Temporary Event Notice for the event.
“As the matter may now involve potential enforcement considerations, Tendring District Council is unable to comment further on any ongoing or potential investigations by Licensing or other council departments; nor provide any further details about the Late TEN submission.”
So which licensing laws apply?
When it comes to the playing of recorded music or the performance of live music, guidance from the government states that an entertainment licence may be required for entertainment between 11pm and 8am, or for amplified live music to an audience of more than 500 people.
It has not been possible to verify what licensing arrangements were in place for Farage Fest, or whether Great Oakley Airfield, or the relevant part of the wider Great Oakley estate, was already covered by a premises licence.
Reform has since said it is “confident that no rules were broken” and that the event was conducted in accordance with the law. The party said it was a private, invite-only event and that no activity took place which required authorisation under the Licensing Act 2003. It said the Late TEN had been submitted only as a precaution and that the organisers had not relied on it.
If, as Reform says, none of the activities taking place required authorisation, there may be no issue. The question is whether the circumstances of the event support that position.
It is not currently known who was responsible for licensing Farage Fest. Sherriff’s role in planning and delivering the event does not necessarily mean that responsibility fell to him.
But it’s a free bar?
Under the Licensing Act 2003, the sale of alcohol is a licensable activity. Farage said those attending had “paid to come”, while Hope reported that there were bars at the event.
It is not known what people paid for, how the alcohol was supplied or whether it was covered by an existing licence.
“Late night refreshment”, which includes the supply of hot food or drink between 11pm and 5am, can also require a licence under Schedule 2 of the Licensing Act 2003.
Again, if these activities were already covered by an existing premises licence there may be no issue. The question is what licence, if any, was in place.
Other potential risks
There is one example that stands out. Fire pits were being used on extremely dry ground, after Essex County Fire and Rescue Service had already urged people not to have open fires or barbecues on or near dry grass because of the risk of wildfires. There is no suggestion the fire pits were illegal, and it is not known what safety precautions were in place, but it seems an odd choice in the conditions.
Additionally, if the event is not licensed, what impact does that have on any public liability insurance that may have been issued to cover the event?
Enforcement
If a licence was needed and one was not obtained, enforcement would fall to Tendring District Council as the licensing authority.
The council has published an enforcement policy in relation to breaches of the Licensing Act. It states that licensees, businesses or persons generally are expected to comply with the law. It goes on to define “enforcement” as covering a wide variety of activities, including warnings, formal cautions, hearings and reviews and, ultimately, prosecutions.
It remains possible that Farage Fest breached licensing law. It was an event held to celebrate the victory of a candidate who had been accused of breaking parliamentary rules.
For a political party campaigning for ‘law and order’, this is far from ideal.
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