What are Temporary Event Notices?
Temporary event notices (TENs) are a system to allow the any or all of the licensable activities (sale or supply of alcohol, regulated entertainment and late night refreshment) at any place.
Please see the TEN Guidance Notes below for further information. Please note that there are errors in the notes accompanying the prescribed form of TEN which the Home Office has yet to rectify.
What is the procedure?
Notice must be given in writing in the prescribed form (see below) to the council (the licensing authority) (together with the fee of £21.00), and to the police and environmental health.
There are two types of TENs, "standard" and "late"
Standard TENs must be received by the licensing authority, police and environmental health at the addresses in the guidance below at least 10 clear working days before the event starts.
Late TENs must be received by the licensing authority, police and environmental health at the addresses in the guidance below no earlier than 9 working days and no later than 5 working days before the event starts.
The calculation of the required period of notice therefore excludes Saturdays, Sundays, Christmas Day, Good Friday, bank holidays, the day of service of the notice and the day (or first day) of the event. This period of notice is specified in law and there is no discretion to accept a shorter period of notice in any circumstances. "Working day" is clearly defined in section 193 of the Licensing Act 2003.
For instance, in order to be valid, standard TENs would need to be received by the licensing team the police and environmental health by close of business as follows:
2013
for August Bank Holiday, Monday 26th August 2013
for Christmas Eve, Tuesday 24th December 2013
for Christmas Day, Wednesday 25th December 2013 or Boxing Day, Thursday 26th December 2013
for New Year's Eve, Tuesday 31st December 2013
2014
for New Year's Day, Wednesday 1st January 2014
for Good Friday 18th April, Easter Saturday 19th April, Easter Day 20th April or Easter Monday 21st April 2014
for Good Friday 18th April, Easter Saturday 19th April, Easter Day 20th April or Easter Monday 21st April 2014
for May Day Bank Holiday, Monday 5th April 2014
for Spring Bank Holiday, Monday 26th May 2014
If your TEN is for an event wholly or partly in the open air, please submit a scale plan clearly identifying the area to be used with your notice to the licensing team, police and environmental health. The scale need not be 1:100, but it must clearly show the location and delineate the area intended to be used.
Are there restrictions on TENs?
The legislation restricts several important aspects of TENs; these include:
No more than 499 people at any one time (including performers, staff etc.) may attend an event authorised by a TEN
Each TEN may only last for maximum period of 168 hours
No more than 12 TENs may be given in a calendar year for particular premises
TENs may only authorise events at particular premises for a maximum of 21 days per calendar year
There must be an interval of not less than 24 hours between TENs at particular premises
The individual giving the TEN must be over 18
An individual may not give more than 5 TENs in one calendar year, of which no more than 2 may be "late" TENs
If an individual holds a personal licence for the sale of alcohol, the limits are 50 TENs of which no more than 10 may be "late" TENs
On receipt of a TEN, if the proposed event is not within the restrictions, a counter notice will be issued and the event will not be authorised.
It is possible to give a TEN for any premises, including those which already have premises licences or club premises certificates. The TEN will need to state the dates and times when licensable activities are to take place.
How can I send my TEN?
Please note that service of TENs in person on the licensing authority, police and environmental health will only be possible during office hours, Monday to Friday. Please do not attempt to serve your TEN elsewhere, as it will only be deemed to be received when it has reached the licensing team and the other authorities. If the documents are posted, please ensure that the correct postage is prepaid - we are unable to accept post with outstanding charges. See the Royal Mail web site for further information.
A longer period of notice may assist, especially if there is a defect in the notice or if objection by the police or environmental health is likely, but notices too far in advance (more than six months) may be difficult for the police and environmental health to assess and might lead to objections that could otherwise be avoided.
TENs will be acknowledged by the licensing team to the person giving the TEN.
Who can object?
Only the police and environmental health may object to a TEN, and only on grounds related to one or more of the licensing objectives - crime and disorder, public safety, prevention of public nuisance or the protection of children from harm.
They have three working days to do so after the service of the TEN on them (see the definition of "working days" above). If there is an objection to a standard TEN, notice of a hearing by the council's Licensing Sub Committee will be given. The Sub Committee can decide to uphold or dismiss the objection and can impose conditions.
An objection to a late TEN by the Police or Environmental Health requires the Licensing Authority to issue a counter notice and the late TEN will be of no effect. There is no right to a hearing by the Licensing Sub Committee or any appeal.
Is there a right of appeal?
If the licensing authority decides to issue a counter notice in relation to a standard TEN, a premises user can appeal against the decision. Equally, if the licensing authority decides not to issue an objection notice in relation to a standard TEN the police or environmental health 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 before the day of the planned event. No appeal is possible against a counter notice resulting from an objection to a late TEN by the Police or Environmental Health.
Where can I see what TENs have been given?
Please follow the link to the public registers page on the left.
Further information
Please see the Temporary Event Notice guidance below
Do I need to do anything else to hold my event?
You should have notified the owner of the premises you are using that you are giving a TEN and obtained any necessary public liability insurance for your event. The city council's events team has provided excellent advice on organising safe events - please see "Holding your event in the city".
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