Q&A Request for two TEN

  • Date: 16 March 2015
  • Author/Solicitor: Nick Walton
  • Source: reproduced from the Publican's Morning Advertiser

Q: I have submitted a Temporary Event Notice to cover a Saturday and a Sunday to enable some events to go ahead as I do not have late licensing at the pub. On the Saturday we plan to have a mix of live and recorded music until 12 midnight and on Sunday we are going to have a pub quiz but want to keep the premises open until midnight to be able to sell alcohol. We have been advised by the licensing authority that we have to submit another TEN for the Sunday as the events that are going on the Saturday and Sunday are different, however we understand that two temporary events cannot be issued for events within twenty four hours of each other. Is this correct?

A: If the dates and times of the Temporary Event Notice have been correctly put into the notice and it covers the two days Saturday and Sunday, the events that take place at the premises are of secondary importance. The Licensing Act talks about a 'notice period' and not the type of events which may be taking place. The request on the form for information about what is going on is to inform the Licensing Authority and the Responsible Authorities concerned about the risks associated with the nature of the Temporary Event Notice. There is no requirement under the Licensing Act 2003 to issue two event notices due to the proposed events being different - this in effect would be impossible because of the '24 hour rule'. If you are using the whole of the premises and you have not previously issued any TEN'S this year your entitlement has gone down by one notice for the premises to 11 and the number of days you may stage those events has reduced from 21 to 19.