Licensing - Temporary Event Notice
The Licensing Act 2003 ("the Act") introduces a light touch system of permitted temporary activities to replace the former occasional licences and occasional permissions previously granted in connection with short-term alcohol and public entertainment licensing. The system involves an event organiser (the "premises user") giving a Temporary Event Notice (TEN) to the licensing authority and copying this to the police.
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. The premises user must, no later than 10 clear working days before the day on which the event is to start, give duplicate copies of the notice to the East Devon Licensing Authority, together with the fee of £21. Please make cheques payable to East Devon District Council. A copy of the notice must also be given to the Chief Officer of police for the area no later than 10 clear working days before the day on which the event is to start.
WARNING
The Act requires at least 10
clear
working days notice to be given to the licensing authority and the police when submitting a TEN. Two
copies of the notice of the event must be served on the Licensing Authority not less than 10 clear
working days before the event with a third copy being served on the Police. Failure to do this
will make the service of the notice invalid. If there is any doubt you may wish to serve the notice
personally at the District Council Offices at the Knowle, Sidmouth.
This notice allows you to hold a licensable activity on premises that are not currently licensed, or to hold activities your existing licence does not permit. This would include for example:
•Selling alcohol at a school fete
•Providing regulated entertainment at a pub where the current licence does not permit this
•Staying open to sell hot food into the night on a special occasion (e.g. New Years Eve)
•Selling alcohol after the hours your normal licence permits, e.g. for a special occasion
•An amateur dramatics group putting on a play in unlicensed premises
What other restrictions are there?
•You can only have up to 50 TENs a year if you are a Personal Licence Holder;
•You can only have up to five TENs a year if you are not a Personal Licence Holder;
•You must be aged 18 or over;
•Restrictions apply where the applicant is an “associated person” of someone who has already held a TEN, including spouses, close relations, agents and employees, and their spouses. The word “spouse” also includes someone living with the notice giver;
•There can only be a maximum of 12 TENs a year for any particular premises, subject to an overall limit of no more than 15 days in total (e.g. where the TEN lasts for more than one day).
•Each event covered by a TEN can only last up to 96 hours.
•There must be a minimum of 24 hours between events notified by a premises user or associates of that premises user in respect of the same premises.
If your event/activity falls outside these restrictions, you will require a full Premises Licence.
Provided that the criteria set out above are met, only the police may intervene to prevent an event covered by a TEN notice taking place or agree a modification of the arrangements for such an event and then only on crime prevention grounds.
If the police do object, the Licensing Authority will hold a public hearing in front of a Licensing Sub Committee to determine your application (unless all parties can agree a hearing is unnecessary). The Licensing Sub Committee will listen to evidence from both sides before deciding whether the event can go ahead. However, Government guidance requires that we refuse permission for the event in these circumstances unless there are exceptional reasons not to.
Click here to access further guidance on Temporary Event Notices (60KB - PDF Help)
Click here to access a copy of a blank Temporary Event Notice in MS Word (202KB)
Click here to access a copy of a blank Temporary Event Notice in PDF (97KB - PDF Help)
For further information, you can visit the website of the Department for Culture, Media and Sport.
Alternatively, you can contact the Licensing Team by phoning 01395 517410 or by email at licensing@eastdevon.gov.uk
FAQ
Can anyone give a Temporary Event Notice (TEN)?
Can a person give more than one TEN at the same time?
Can you give a TEN on behalf of someone else?
What is the procedure once a TEN has been given?
What is the procedure once a TEN has been modified?
Can I use a TEN in respect of premises that already hold a premises licence?
Will I be able to give a TEN if my premises can hold more than 499 people?
Can a TEN be given in respect of an outdoor event?
Are there any extra restrictions when a temporary event notice includes the supply of alcohol?
Can I object to a TEN if I believe it could lead to public nuisance or crime?
Is there any scope to increase the limits on TENs?
Does the premises user have to display the TEN at the event?
What happens if a premises user loses the TEN?
Further Information
Can anyone give a Temporary Event Notice TEN?
Yes, as long as you are 18 or over you can give a maximum of 5 TENs a year. A personal licence holder can give a maximum of 50 TENs a year.
Can a person give more than one TEN at the same time?
There is nothing to prevent simultaneous notification of multiple events at a single time provided the limits on the use of TENs are observed. However, each event to which a notice relates will require a separate £21 fee.
Can you give a TEN on behalf of someone else?
The 'premises user' is the individual who must give the temporary event notice.
You must give a notice in duplicate, at least 10 clear working days prior to the day on which the event period begins, to the relevant licensing authority together with the fee of £21. Cheques should be made payable to East Devon District Council. You must also send a copy of the notice to the relevant chief officer of police (again at least 10 clear working days prior to the day on which the event period begins). The notice must contain a statement of:
a)the licensable activities that will take place
b)the period during which it is proposed to use the premises for those activities
c)the times during the event period when licensable activities are to take place
d)the maximum number of persons to be allowed on the premises at any one time (not exceeding 499)
e)if the supply of alcohol is involved, whether the supplies will be for consumption on or off the premises or both
f)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
g)any other matters prescribed by the Secretary of State in regulations
What is the procedure once a TEN has been given?
If the TEN is within the permitted limits of permitted temporary activities, and the police have not intervened to prevent the event happening, or have agreed a modification of the arrangements for the event, the licensing authority must issue acknowledgement of the TEN. There is no requirement for the police to acknowledge the notice as well.
If the temporary event notice exceeds the permitted limits the licensing authority must give the premises user a counter notice, copied to the police, preventing the event from taking place.
If the police are satisfied that allowing the premises to be used in accordance with the TEN would undermine the licensing objective on preventing crime and disorder, they must, no later than 48 hours after being given a copy of the TEN, give the premises user and the licensing authority an objection notice. The authority must then hold a hearing to consider the notice no later than 24 hours before the beginning of the event period specified in the TEN, unless all parties agree this is unnecessary and, having regard to the notice, will issue a counter notice if it considers it necessary for the promotion of the crime prevention objective to do so. Again, this will mean that the event cannot go ahead.
The TEN can be modified by the police with the agreement of the premises user prior to the consideration of the objection notice by the licensing authority, in which case the objection notice is to be treated as having been withdrawn and the Licensing Act 2003 will apply to the TEN as modified.
What is the procedure once a TEN has been modified?
Where the police have objected to a TEN and it has been modified with the agreement of the premises user, the police must give a copy of the modified notice to the licensing authority before a hearing is held.
A temporary event notice may be withdrawn by the 'premises user' giving the licensing authority a notice to that effect no later than 24 hours before the beginning of the event period specified in the temporary event notice.
Can I use a TEN in respect of premises that already hold a premises licence?
Yes. If you wish for example to use your pub for an event involving the provision of regulated entertainment, e.g. for a wedding, where your premises licence does not authorise such a provision of regulated entertainment, it may be authorised by a TEN. However do not forget that the limits in relation to permitted temporary activities will apply.
Will I be able to give a TEN if my premises can hold more than 499 people?
Yes, as long as you ensure that the number of people on the premises during the event period authorised by the TEN does not exceed 499 at any one time. If you think that more than 499 people will attend the event you will need to apply for a premises licence to cover the event. Otherwise, if this limit is exceeded, the event will be unauthorised and the premises user liable to prosecution.
Can a TEN be given in respect of an outdoor event?
Yes. 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.
Are there any extra restrictions when a temporary event notice includes the supply of alcohol?
Where the relevant licensable activities include the supply of alcohol, the notice must make it a condition of using the premises for such supplies, that all such supplies are made by or under the authority of the premises user (i.e. the person who applied for the TEN).
Can I object to a TEN if I believe it could lead to public nuisance or crime?
No. Only the police can intervene to prevent an event covered by a TEN taking place or agree a modification of the arrangements for such an event and then only on crime prevention grounds. However only a limited number of TENs can be given in respect of any particular premises each year, and the powers given in the Act to the police to close premises in certain cases of disorder or noise nuisance extend to premises in respect of which a TEN has effect.
Is there any scope to increase the limits on TENs?
The Secretary of State has powers under the Act to increase or decrease by order, limits placed on TENs. The limits may therefore be amended if, in the light of experience, it proves that there needs to be an adjustment.
What powers do the police and licensing authorities have to stop a temporary event once it has started?
Police have the power to seek court orders to close premises for up to 24 hours in a geographical area that is experiencing or likely to experience disorder. Police also have the power to close down instantly for up to 24 hours, premises in respect of which a temporary event notice has effect, that are disorderly, likely to become disorderly or are causing nuisance as a result of noise from the premises. Such orders may only be made where it is necessary in the interest of public safety in cases of disorder or to prevent nuisance in the case of noise coming from the premises.
Licensing authorities have no power under the Licensing Act 2003 to stop permitted temporary events once they have started. A local authority may have powers under other legislation, such as powers to deal with a statutory nuisance.
Does the premises user have to display the TEN at the event?
The premises user must either
ensure that a copy of the TEN is prominently displayed at the premises being used for the permitted temporary activity
ensure that the TEN is kept at the premises in his custody
ensure 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, ensure that a notice specifying this fact and the position held at the premises by that person is prominently displayed at the premises).
What happens if a premises user loses the TEN?
Where a TEN is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority for a copy of the notice. No application may be made more than a month after the end of the event period specified in the notice. The prescribed fee must accompany any application.
