Temporary Event Notices
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The events do not have to be special. If a notice is properly issued, and no counter notice is issued, a licensable activity becomes a permitted temporary activity under the TEN.
No further permission or authorisation is necessary. The Licensing Authority simply has to acknowledge the notice by signing it and sending it back to the applicant, thereby giving authority for the event to go ahead.
In the video below, James Anderson provides a clear overview of the law relating to Temporary Event Notices (TENs), including what activities they cover, who can apply and the relevant time limits.
- The application form which runs to five pages of questions, plus a further four and half pages of guidance notes is completed and served on the Licensing Authority, the Police and Environmental Health.
- Both the Police and Environmental Health have 3 working days to object after they receive the application.
- If the Police or Environmental Health object there must be a hearing at least 24 hours before the event in question unless agreement can be reached.
- Where there is an objection from the Police or Environmental Health, conditions can be imposed on the Temporary Event Notice which "have effect" in respect of the same premises or any part of the premises to which the Temporary Event Notice relates.
- There is a right of appeal to the Magistrates' Court for the police and the applicant, but time constraints may prevent this if the application was made at the last minute.
Limitations on TENsThe event period itself can last for a maximum 7 days. This is the time during which licensable activities may take place, but they do not have to take place during the whole of that 7 day period, and some activities may take place at different times to others.
- No more than 499 people, including staff and performers may attend the event at any one time. If there are 500 people or more, it will be necessary for a Premises Licence to be obtained, even if it is for a one off event.
- The same premises cannot be used under a TEN on more than 12 occasions in a calendar year. Two different rooms in the same building could be used as two separate premises - allowing 24 events.
- There must be at least 24 hours between each event at any one premises.
- Although each TEN can last for a period of up to 7 days, no more than 21 days can be covered for the premises in question within a calendar year. If an event starts on one day and finishes the next morning this is two days out of the limit of 21 per year.
- An individual must apply for a TEN.
- If the individual holds a Personal Licence he can apply for up to 50 Temporary Event Notices per calendar year, assuming that he uses different premises from time to time.
- If he does not hold a Personal Licence he is limited to five per calendar year
- It is now possible to apply for "late" Temporary Event Notices by giving between 5 and 9 working days notice, although there is a limit of 10 Late Temporary Event Notices each calendar year for an individual holding a Personal Licence, and 2 for those not. The limit for persons holding a Personal Licence is 50 in total or 5 for those who do not hold a Personal Licence. It should be noted that once the limit on the number of Late Temporary Event Notices has been reached, then no more Temporary Event Notices can be held at all, i.e., once an individual has applied for 10 Late Temporary Event Notices, although they have not reached their limit of 50, it would preclude them from applying for any more.
Applications On-lineYou can apply for a Temporary Event Notice here, with Poppleston Allen. You will need to answer some basic questions and send it to us. One of our legal team will check the answers, complete the application form and send it with the appropriate fee and documentation to the Local Authority.
Find out more about our Applications On-line service here