January can be a notoriously a ‘slow’ month for premises. However there is some good news this January for operators, with the annual allowance for Temporary Event Notices (TENs) for the same area or premises having increased from 12 to 15, with effect from 1 January 2016.
However, although TENs allowance has changed, all the other existing ‘rules’ in relation to TENs still apply. Therefore to avoid any confusion, here is a brief, non- exhaustive, guide to the ‘rules’ and some best practice.
- Check the terms of your existing Premises Licence. You might not need a TEN for certain events. For example, if you are looking to extend trading hours on Valentine’s Day, you may already have non-standard timings for licensable activities to that effect on your licence such that a TEN would be unnecessary.
- If you do require to submit a TEN, the application fee payable to the Council is £21
- The number of people allowed to attend an event licensed under TEN is 499. This includes your staff
- An event cannot last more than 168 hours, which is 7 days.
- There must be at least 24 hours between each event at any one premises where the "user" of the TEN is the same person or "connected" persons.
- No more than 21 days can be covered by TENs for the premises 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).
- You can now issue up to 15 Temporary Event Notices each year for the same area or premises
- A personal licence holder can apply for up to 50 TENs a year for different premises / locations, 10 of which can be late TENs ( 5 for non - personal licence holders, 2 of which can be late TENs)
- If applying for a standard TEN, your local licensing authority must receive your TEN at least 10 working days before the date the event is to take place and, unless given electronically to the licensing authority, must also be sent to the Police and Environmental Health Officer at the same time. "Working days" exclude the day the notice is received and the first day of the event.
- If applying for a late TEN, this must be received by the licensing authority at least 5 working days but no earlier than 9 working days before the day the event is to take place. Again, unless submitted electronically, a copy of the TEN must also be sent to the Police and Environmental Health Officer at the same time. Remember, if you do apply for a late TEN and receive objection from the Police or Environmental Health, your notice will not be valid, there is no appeal and you cannot hold the event (differing from a standard TEN, where an objection would lead to a hearing).
For operators that are having a slow January, perhaps this would be an appropriate time to plan ahead for the year to maximise your TENs allowance. Just make sure that you follow the correct procedure to avoid any issues with your application and disruption to planned events.