Temporary Event Notice

As from 25th April 2012 A Temporary Event Notice (TEN) can be given to a premises user and authorises them to conduct one or more licensable activities at premises for no more than 168 hours.

TENs can be used to authorise relatively small-scale ad-hoc events held in or on any premises involving no more than 499 people at any one time, subject to certain restrictions.

A TEN can be used to authorise an event outside of the terms of an existing premises licence, or to provide authority for an event where there is no existing premises licence. There are a number of restrictions/limitations which are set out below.

The police and local authority exercising environmental health functions may intervene on the grounds of any of the four licensing objectives (the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm) to prevent the occurrence of an event at which permitted temporary activities are to take place or to agree a modification of the arrangements for such an event. However, the licensing authority will intervene of its own volition in the cases described below.

First, it will issue a counter notice if there is an objection to a late temporary event notice (see note 7 below).

Secondly, it may issue a notice in relation to its decision to impose conditions on a temporary event notice (see note 2 below).

Thirdly, it will issue a counter notice if the first, second and fourth of the limits set out below would be exceeded. If any of the limits below are breached or if a counter notice has been issued, any licensable activities taking place would be unauthorised and the premises user would be liable to prosecution. The limitations 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 length of time a temporary event may last for these purposes (168 hours);

• the maximum aggregate duration of the periods covered by temporary event notices at any individual premises (21 days per calendar year); and

• the scale of the event in terms of the maximum number of people attending at any one time (a maximum of 499).

Multiple TENS can be submitted at the same time but each event is a separate TEN with a separate fee payable. The limits set out above cannot be exceeded. You must be 18 years or older to give a TEN and can give a maximum of five TENs per year. If you are a personal licence holder, you can give a maximum of 50 TENs per year.

A TEN can be used instead for events involving licensable activities that are:

• plays or films
• indoor sporting events, boxing, wrestling
• live/recorded music
• dancing, performance of dance
• facilities for making music/dancing
• sale/supply of alcohol
• provision of late night refreshment (hot food and drink between 11pm and 5am).
   

Personal Licence Holders can submit a maximum of 50 TENs per year
A TEN is treated as being from the same premises user even if it is given by an associate. The Act defines an associate as being a spouse, child, parent, grandchild, grandparent, brother or sister or their spouses, or agent or employee of that person or their spouse.

An activity that can be licensed must be carried out as detailed in a notice that must be given. The notice must be in a specific format and must be made by someone over 18 years of age.

The notice should contain:

• details of the licensable activities
• the event period
• the times when during that period the activities will take place
• the maximum number of people proposed to be allowed on the premises

In circumstances where the above criteria are not met a full Premises Licence will be required.

What is the application process?
The TEN must be given in writing, in duplicate, to AVDC at least 10 working days before the event. If the premises where the event is to be held is in areas governed by two or more local authorities applications must be made to each. A fee is payable with the notice. The fee for a temporary event notice is £21.00 (Please note there is no refund for a TEN)

You must also give a copy of the notice to the police and Environmental Health Department no later than 10 working days before the event. 

The Act requires at least 10 working days notice to the licensing authority and the police when submitting a TEN. This excludes the day the notice is received and the day of the event. Working days are Monday to Friday excluding Bank and Public Holidays. If you have any doubts about the deadline for your TEN submission, please contact Licensing for advice. 

Late notices can be given no later than 5 working days but no earlier than 9 working days before the event in relation to which the notice is given. A late notice given later than 5 working days before the event to which it relates will be returned as void and the activities described in it will not be authorised.

We will acknowledge receipt of the notice by giving a notice to the premises user before the end of the first working day it was received or before the end of the second working day if the day the notice was received is not a working day.

The number of late notices that can be given in any one calendar year is limited to 5 for personal licence holders and 2 for non-personal licence holders. These count towards the total number of temporary event notices (i.e. 50 temporary event notices per year for personal licence holders and 5 temporary event notices for non-personal licence holders).

If there is an objection from either the police or local authority exercising environmental health functions, the event will not go ahead and a counter notice will be issued.

The chief police officer or Environmental Health Officer who receives a notice and believes that the event would undermine crime prevention objectives can serve an objection notice on the licensing authority and the premises user. This notice must be served within 3 working days  of receipt of the temporary event notice.

The local licensing authority must hold a hearing if an objection notice is served. They may issue a counter notice if it considers it necessary for the promotion of crime prevention objective. A decision must be made at least 24 hours before the beginning of the event.

Counter notices may be provided by the licensing authority if the number of permitted TENs has been exceeded.

Is there an appeal process?
Please contact us in the first instance.

If a counter notice is given in relation to an objection notice the applicant may appeal against the decision. Appeals must be made to the local Magistrates' court within 21 days. An appeal may not be brought later than five working days from the day of the planned event.

Once the Police and Environmental Health have informed us they have no objection, we will sign a copy and return it to you.

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).

Consumer complaint
If you have a complaint in relation to a business operating under this regulation please contact your local office using the details on the right of this page.

Other interested parties
If a licensing authority decides not to issue a counter notice in relation to an objection notice the chief police officer can appeal the decision. Appeals must be made to the local Magistrates' court within 21 days. An appeal may not be brought later than five working days from the day of the planned event.

Apply on-line

Please use the following link to apply on-line for a temporary event notice www.businesslink.gov.uk/bdotg/action/piplink