Spindogs
17 June 2022 | Comment | Article by Leah Ellison

Temporary event notices - what you need to know and your frequently asked questions answered

Temporary Event Notices | National Licensing Week 2022 Day 5

Temporary Event Notices
On the final day of National Licensing Week, Solicitor, Leah Ellison, and Paralegal, Nicola Jordan chat through Temporary Event Notices, covering what a TEN is, the restrictions on a TEN and the statutory timeframes and limits you must consider. 

Licensing FAQs | National Licensing Week - Day 5 - TENs

Your Licensing FAQs Answered
Concluding National Licensing Week, Solicitor, Leah Ellison, and Paralegal, Nicola Jordan chat through some of the common questions they are asked when it comes to licensing matters - from premises licence queries and 'bring your own booze' (BYOB) to alcohol sales online.

GET IN TOUCH

 


What is a TEN?

A TEN is a ‘Temporary Event Notice’. A TEN is used in two situations:

  1. Where the premises is not licensed and you want to carry out a licensable activity; or
  2. Where a particular licensing activity isn’t included in the terms of your existing licence.

Licensable activity means anything that you can be licensed for. The most obvious, and common, is of course the sale of alcohol, but it could be regulated entertainment, indoor sporting events or late night refreshment. Please find more information about licensable activities in our premises licence blog.

So in short, you might need a TEN if you want to do something that requires a licence, but you don’t hold a licence either at all, or for that activity. Please note that TENs are not long term solutions, which is discussed in detail below.


Restrictions

A TEN is not always the most appropriate solution, as there are a number of restrictions.

Firstly, a Temporary Event Notice is just that; temporary. A TEN can’t last for more than 168 hours (or 7 days). TENs can’t be used as a way to carry out licensable activity on a long-term basis.

The other restriction that might mean that a TEN isn’t the right course of action is that the event that the TEN is being used for must have fewer than 499 people at all times. This includes the people running the event or any staff at the event.

This means that a TEN can be a good option for most bars or restaurants or Clubs, who aren’t likely to exceed this sort of capacity, but the person applying for the TEN must factor in and consider the number of people on the premises, including those working.

You also need to be 18 to apply for a TEN.

There are also statutory time frames to consider when serving a TEN.


Statutory Time Frames and Limits

To validly serve a TEN, you must apply at least 10 clear working days before the event. Clear working days means that the day that the council receives your application does not count and neither does the first day of the event. There must be 10 working days in between.

However, it is possible to apply for a TEN with less notice, and this is known as serving a ‘late TEN’. To do so, you must leave 5 clear working days before the event.

There are restrictions on how many TENs can be applied for. You can get up to 5 TENs a year. If you already have a personal licence to sell alcohol, you can be given up to 50 TENs a year.

For a late TEN the position is slightly different. If you do not hold a personal licence, you can serve up to 2 late TENs per year. If you hold a personal licence, the limit is 10. Late TENs count towards the total number of permitted TENs.

If you submit with too short notice, or exceeding the statutory limits, the TEN will be automatically void.


Licensing Objectives

The four licensing objectives are:

  1. Prevention of crime and disorder
  2. Public safety
  3. Prevention of public nuisance and
  4. The protection of children from harm

When serving a TEN, you do not need to detail how you will promote the licensing objectives on the proforma. However, it is good practice when planning your event to bare these in mind as the police or environmental health can object to your TEN if they deem it to put those objectives in jeopardy.

If served correctly, and not in breach of statutory time frames or limits, and without objection, a receipted copy of the TEN will be sent to the person serving it. This must be kept at the premises where the event is held and displayed where it can be easily seen. It must be produced for inspection if requested by the responsible authorities.

 

 

How can we help?

If you want to discuss a potential TEN, or need help submitting one, please get in touch with our dedicated Licensing team, using the button below.

GET IN TOUCH

 

 


National Licensing Week 2022

National Licensing Week - Celebrating all things licensing

 

The aim of National Licensing Week (NLW) is to celebrate ‘all things licensing’. There are a lot of different aspects and elements to licensing law and practice. NLW represents an opportunity to raise awareness across the country as to how licensing effects our daily lives. 

Whether you are looking for a deep dive into a particular issue, an introduction to a new licensing area that impacts your work or just have a question that needs answering, our blend of blogs, videos and frequently asked questions throughout NLW will deliver the information you need at a time that suits your schedule.

Running from 13 - 17 June, NLW involves a variety of videos and blogs focusing on a broad range of core licensing topics, including personal licences, gambling licensing, premises licences, taxi licensing and temporary events notices (TENs). 

Check out the line up for the week on our dedicated webpage, with new content being released every day throughout the week.

view nlw webpage


 

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

Business news, knowledge and insight