News Box clever when it comes to TENs

A quick guide to best practice and limits for late TENs

  • Date: 21 May 2015
  • Author/Solicitor: Dave Bittiner

The Mayweather v Pacquiao contest was called the ‘fight of the century’. As one commentator rather scathingly pointed out after the fight, “it’s a good job we’re not far into the century’.

On the day before the fight, one surprising statistic came to light.  According to sports pub-finder website Matchpint only 132 venues were due to be broadcasting the fight, and only 19 in London would be open for business. There could of course have been many reasons for this lack of enthusiasm, not least the fact that the contest did not start until 5am.

But it did raise the question of whether operators are making the most of their Temporary Event Notice (TEN) entitlement, and in particular if they are making full use of Late TENs.

Accordingly, here is our quick guide to best practice and limits for late TENs. 

  1. The same premises cannot be used under a TEN on more than 12 occasions in a calendar year, although from 1st January 2016 the limit will be increased to 15.

  2. The total number of TENs that a personal licence holder can apply for in any one calendar year is 50 (5 for non-personal licence holders). This total of 50 (or 5) includes Late TENs.

  3. Personal Licence Holders may issue up to 10 Late Temporary Event Notices in respect of the same year. (This is 2 for Non-Personal Licence Holders.)

  4. Late TENs can be given up to 5 working days but no earlier than 9 working days before the event is due to take place and, unless given electronically to the licensing authority, must also be sent by the premises user to the police and Environmental Health Officer at the same time. “Working days” excludes the day the notice is received and the first day of the event.

  5. The event which is the subject of the Late TEN need not be a special occasion. In fact, you do not need to give any special reason for the giving of a Late TEN.

  6. If the police or Environmental Health Officer object to the Late TEN by issuing an objection notice then the Licensing Authority must issue a ‘counter notice’ no later than 24 hours before the beginning of the event period specified in the TEN.

  7. This means that the Late TEN isn’t authorised, and there is no appeal. In this respect late TENs differ from standard TENs as a hearing would normally be arranged for the latter, but time constraints make this impossible with late TENs and so if the Authorities object then that is the end of the matter.

  8. If an objection is received to a Late TEN there is also no scope for the application of any conditions that exist on a relevant Premises Licence.

  9. Watch out for non-statutory requirements – for example the Met Police may require a Form 696 being completed for promoted events. Whilst this cannot be required as a statutory document it can give them a reason to object to your Late TEN if you do not comply.

  10. As with Standard TENs there are other rules and limits and if you are unsure speak with the Licensing Authority or take legal advice.

So do take extra care when using Late TENs, but don’t let their restrictions put you off. Even if you’re showing the next ‘fight of the century’.