Top tips for World Cup TENs

The do's and dont's of issuing Temporary Event Notices

  • Date: 10 September 2015
  • Author/Solicitor: Jonathan Smith
  • Source: Reproduced from the Publican's Morning Advertiser

With the Rugby World Cup just around the corner, now is a useful time to set out a few do’s and don’ts when it comes to issuing Temporary Event Notices.

  • A Temporary Event Notice can be used both to extend the hours during which licensable activities can be provided, but also the areas in which they can be provided.  Therefore, if you are considering having a bar in an outside area (which is not licensed for the sale of alcohol) a Temporary Event Notice can be used for this;
  • Although a little late now for the earlier games, if you are close to residents or have experienced noise complaints in the past, it is sensible to discuss any Temporary Event Notice you are looking to issue with the Local Police and Environmental Health Officer.  Discussions with them can negate any objection where the authorities would like you to adopt certain measures, such as providing security;
  • Remember that you must give at least 10 working days’ notice when issuing a Standard Temporary Event Notice;
  • If you are issuing a Late Temporary Event Notice, then you must issue it by giving at least 5 working days’ notice;
  • It is dangerous to rely upon Late Temporary Event Notices; if the Police or Environmental Health Officer object to a Late Temporary Event Notice this effectively acts as a right of veto with no hearing provided for under the Licensing Act 2003;
  • You must give notice to the relevant local Police, as well as the Environmental Health Officer at the time of issuing your Temporary Event Notice to the Licensing Authority;
  • No more than 499 people can be accommodated in any area which is the subject of a Temporary Event Notice;
  • The maximum number of Temporary Event Notices you are permitted for any single area is 12 (albeit it will rise to 15 in 2016 however, too late for the Rugby World Cup);
  • The total number of days covered by Temporary Event Notices in any calendar year cannot exceed 21, and if your Temporary Event Notice starts at 23:00 extending the sale of alcohol until 01:00, then you will have used 2 of your 21 days, not 1;
  • You will have to build in a gap of 24 hours between any Temporary Event Notices, where the Temporary Event Notice is issued by the same person, or an “associate” of that person.  Simply by arranging for another employee working at a pub to issue the Temporary Event Notice would not work, because they would be associated with the first user;
  • A Temporary Event Notice can last up to 168 hours