Licensing Act 2003 (alcohol, entertainment etc.)
Temporary Event Notices
What is a Temporary Event Notice?
A Temporary Event Notice (TEN) is required for the temporary carrying on of licensable activities that are not authorised by a Premises Licence or Club Premises Certificate. It can be used to authorise relatively small-scale, ad hoc events, held in or on any premises. A number of limitations are imposed on the use of TENs and these apply to:
the number of times a person (the "premises user") may give a temporary event notice (50 times per year for a personal licence holder and 5 times per year for other people);
the number of times a person (the "premises user") may give a late temporary event notice (10 times per year for a personal licence holder and 2 times per year for other people);
the number of times a temporary event notice may be given in respect of any particular premises (12 times in a calendar year);
the maximum length of time a TEN may have effect (168 hours or 7 days);
the maximum total duration of the periods authorised by TENs in relation to individual premises (21 days per calendar year); and
the maximum number of people attending at any one time (fewer than 500).
What is the difference between a Standard and Late Temporary Event Notice?
A standard Temporary Event Notice is given no later than 10 working days before the event to which it relates. This excludes the day the notice is received and the first day of the event. Working days are Monday to Friday, excluding Christmas Day, Good Friday and Bank Holidays. Although ten clear working days is the minimum possible notice that may be given, we would advise applicants to submit their applications at least three weeks before an event, to ensure the Licensing Office receives this in good time.
The Home Office Guidance states that late Temporary Event Notices are intended to be used by premises users who are required for reasons outside their control to, for example, change venue at short notice, and should not be used save in exceptional circumstances. A late TEN can be given up to 5 working days but no earlier than 9 working days before the date of event.
Who can apply?
Anyone aged 18 years or over can give a maximum of five standard TENs per calendar year or 2 late TENs. Personal licence holders can give a maximum of 50 standard TENs per calendar year or 10 late TENs.
How do I apply?
A Temporary Event Notice must be given to the licensing authority within whose area the premises are situated, submitted in duplicate, together with fee of £21. TENs for events in Ribble Valley should be sent to The Administration & Licensing Officer, Ribble Valley Borough Council, Council Offices, Church Walk, Clitheroe, Lancashire BB7 2RA.
You must also send a copy of the application to:
(1) Eastern Division Licensing Department, Lancashire Constabulary, The Railway, Blackburn BB1 1EX; and
(2) The Environmental Health Manager, Ribble Valley Borough Council, Council Offices, Church Walk, Clitheroe BB7 2RA.
What information should be included in a TEN?
The notice must be in the prescribed form and contain the following:
the licensable activities that will take place
the period during which it is proposed to use the premises for those activities
the times during the event period when licensable activities are to take place
the maximum number of persons to be allowed on the premises at any one time (not exceeding 499)
if the supply of alcohol is involved, whether the supplies will be for consumption on or off the premises or both
where the licensable activities include the supply of alcohol, the condition that all such supplies are made by or under the authority of the premises user
the correct fee.
Can a TEN be given in respect of an outdoor event?
A TEN can be given in respect of both indoor and outdoor events. "Premises" for the purposes of the Act means any place, whether indoors or outdoors. For example, it could cover a town square, part of a park, or a street. But remember the limits in relation to permitted temporary activities (for example the number of people who can be on the premises at any one time) will apply.
Who can object to a Temporary Event Notice?
Both the Police and the Environmental Health Department can object to a standard and late Temporary Event Notice. They have a period of 3 working days from when they are given the notice to object on the basis of any of the four licensing objectives.
In respect of a standard TEN, if an objection is received from either the Police or Environmental Health, then this has to be determined by the Council's Licensing Sub-Committee. If objections are received to a late TEN then the notice is refused.
What is the procedure once a TEN has been given?
If the TEN is within the limits of permitted temporary activities, and there has been no objection from either the police or the environmental health department, the licensing authority will record the notice in its register and send an acknowledgement to the premises user.
If the temporary event notice exceeds the permitted limits the licensing authority will issue a counter notice to the premises user.
Does the premises user have to display the TEN at the event?
The premises user must either
secure that a copy of the TEN is prominently displayed at the premises being used for the permitted temporary activity;
secure that the TEN is kept at the premises in his custody;
secure that the TEN is kept at the premises in the custody of a person who is present and working at the premises and whom he has nominated for this purpose (and if this is the case, secure that a notice specifying this fact and the position held at the premises by that person is prominently displayed at the premises).
For further information and advice on Temporary Event Notices please contact:
Administration & Licensing Officer
Ribble Valley Borough Council
Direct line: 01200 414454
Fax: 01200 414485