Temporary Event Notices

The Government introduced Temporary Event Notices to make provision for a small scale one off events, or situations where Premises Licences do not meet the needs of a particular function on a particular night; for example somebody may want a very special birthday party at a later time than is included on the Premises Licence, or it may be held in a marquee in a garden of a pub which is not normally covered under the Premises Licence. The maximum number of people who can enjoy the licensable activities is 499.

They are not so flexible in the timescales for applications, but 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 permission is required and no further authorisation is necessary. The local authority simply has to acknowledge the notice by signing it and sending it back to the applicant, thereby giving the authority for the event to go ahead with the licensable activities.

Procedure

• The Temporary Event Notice, which runs to five pages of questions, plus a further four and half pages of guidance notes is completed and served on the Council and the police.
• The police have 48 hours (not working hours) to object after they receive the application.
• If the police object there must be a hearing at least 24 hours before the event in question unless agreement can be reached.
• 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.

There are limitations on Temporary Event Notices. The event period itself can last for a maximum of 96 hours. This is the time during which licensable activities may take place, but they do not have to take place during the whole of that 96 hours, 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 acquired, even if it is for a one off event.
• The same premises cannot be used 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 96 hours, within a calendar year, no more than 15 days can be covered for the premises in question. This means that you cannot have 12 periods of four days for example but you could have an event covering four days, and then 11 others covering one day each.
• If an event starts on one day and finishes the next morning this is two days out of the limit of 15 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.

Applications On-line

You can apply to make the change to your DPS 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. Our fee for making the application is £100 + vat + disbursements.

Find out more about our Applications On-line service here

Piers Warne, Solicitor

Piers is originally from Gloucestershire, he trained at William Sturges and Co in Westminster and has been a solicitor for seven years, specialising in licensing since 2004.

Piers joined us from Joelson Wilson where he worked with Regent Inns, Grosvenor Casinos and Glendola Leisure.Piers Warne joined the business in December 2007 to work on the growing client base in the London office.

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