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Temporary Event Notice (TEN) Under the Licensing Act 2003

Last Modified January 09, 2019
 

What are Temporary Event Notices (TENs)?

 

 

A TEN authorises you to hold a small-scale event that have fewer than 500 people at all times with the including of staff to sale alcohol, serving alcohol to members of a private club, provide entertainment (such as music, dancing or indoor sporting events) and the serving of hot food or drink between 11pm and 5am.

Events may take place either indoors, outdoors, in a marquee or a garden that are not covered under the Premise Licence.

Temporary Event Notice Q&A

How to make an application

What are the criteria to apply for a Temporary Event Notice

What happens if my notice is refussed

What happens if the notice receives an objection

Licensing Act 2003

 

 

 

 

Temporary Event Notice Criteria

 

Advance Notice

 

 

You must be at least 18 to apply for a TEN.

If you submit your application at least 10 full working days before the start of your event, it will be considered as a standard temporary event notice.

 

This period excludes:

  • the day on which you made your application
  • the day(s) of your proposed event
  • and Saturdays, Sundays, bank holidays or other public holidays

 

You are permitted to give a small number of late temporary event notices each year, which can be submitted between five and nine full working days before the start of your event where the above exclusions would apply.

Late temporary event notices (TENs) are subjected to immediate veto if any objections are made against them, so we strongly encourage organisers to give standard TENs wherever possible. The maximum number of late TENs which can be given each calender year is:

 

We cannot accept any temporary event notice which is given to us less than five full working days before the start of the event.

If you are planning an event which may have more than 499 people on site at any time , you will need to apply for a Premises Licence

Duration of event

A temporary event notice can last for a maximum of 168 consecutive hours (equivalent to seven days) from start to finish. If you are arranging a single event with a longer duration, you will instead need to apply for a Premises Licence

Seperation of events

If you are organising multiple events at a single premises, you will need to ensure that there is a gap of at least 24 hours between the end of one temporary event notice and the start of another.

If you are planning events on consecutive days, you can put these on to a single TEN, subject to the other criteria being met.

Frequency of events at premises

Each 'premises' can have up to 15 temporary event notices in a calendar year, which when added together allow events on no more than 21 calendar days in that year (so that an event starting before midnight and ending after midnight will count as two days).

The definition of premises includes any building, land, vessel or vehicle, or part thereof, providing that there is adequate separation and control of each separate part of the premises.

Quota of events by applicant

In each calendar year, an individual applicant is permitted to give:

  • up to 50 temporary event notices, if they hold a valid personal licence
  • up to 5 temporary event notices, in all other circumstances

 

This limit applies across the whole of England and Wales, so if you've already given temporary event notices in another council area, you will be able to give fewer TENs in Hertsmere.

The limit also applies jointly across any associated persons, so a married couple, family members, work colleagues or business partners will only be able to give 50 or 5 TENs between them.

Making an application

 

 

You must be at least 18 to apply for a TEN.

Licensing Officer, Community Safety Unit, Borehamwood Police Station, Elstree Way, Borehamwood, Hertfordshire, WD6 1WA.

If you choose to make an online application the Licensing Department at Hertsmere will notify the responsible authorities on your behalf.

If your TEN is for an event wholly or partly in the open air, please submit a scale plan clearly identifying the area to be used with your notice to the licensing team, police and environmental health. The scale need not be 1:100, but it must clearly show the location and delineate the area intended to be used.

Objections

 

 

If an objection is made against your temporary event notice, we will let you know as soon as possible. What happens next will depend on how far in advance you applied:

  • if you gave a standard TEN: we will arrange for your temporary event notice to be considered by our Licensing Sub-Committee (a panel of three councillors) at a public hearing, and you will be invited to attend this. After hearing from all parties, the Sub-Committee will make a decision either to allow your event to take place, or to issue a counter-notice which will veto the event. If the event is allowed to take place and the application relates to licensed premises, the Sub-Committee may also decide to bring forward conditions from the premises licence and apply these to the temporary event notice.

 

  • if you gave a late TEN: we will automatically issue a counter-notice, which vetoes the event. Given the limited timescales, there is no right to a hearing in these cases.

Refusal of applications

 

 

There are a number of possible reasons why we might refuse a temporary event notice:

  • if you have not given enough notice of your event - TENs must be submitted at least 5 or 10 working days before the proposed event, not counting the day on which you applied nor the first day of the event. This limit is set by law, and we cannot depart from it.
  • if your event does not satisfy the criteria above (for example, if you have already used your full quota of TENs for the year, or if your proposed event would exceed the maximum period allowed), we will issue a counter-notice, which vetoes the event. There is no right of appeal against this decision.
  • if you gave a late TEN and the police or environmental health objected to it, we must automatically issue a counter-notice to veto the event. There is no right of appeal against this decision.
  • if you gave a standard TEN and the police or environmental health objected to it, we will hold a hearing to consider all parties' arguments, and to decide whether to permit the event to take place, or to uphold the objections and issue a counter-notice to veto the event. Following a hearing, either the applicant or the objecting body may appeal within 21 days of our decision to a magistrates' court, providing that the event is at least five working days away.

 

The licensing authority will issue a written acknowledgement of the TEN to the premises user before the end of the first working day it was received or before the end of the second working day if the day the notice was received is not a working day.  The police and environmental health do not have to acknowledge receipt however, they do have three working days in order to object to the TEN and will inform the premises user and the other responsible authority within this period.

Please note: we do not issue refunds for applications that are out of time or invalid for any of the other reasons set out in the above list. It is important to ensure that all Temporary Event Notices are made as early as possible - a minimum of 10 full working days before the event date for a standard TEN submission, or five full working days for a late TEN submission. This does not include the date that we receive the notice, the date of the event, or any weekends or bank holidays. Please contact the Licensing Team for advice if you need to check any of the limits before applying.

Email: licensing.services@hertsmere.gov.uk

Further information

 

 

Where the premises are to be used primarily or exclusively for the sale or supply of alcohol for consumption on the premises, it is an offence to allow children under 16 to be present when the premises are open for that purpose, unless they are accompanied by an adult. In the case of any premises at which sales or supplies of alcohol are taking place at all, it is an offence for a child under 16 to be present there between the hours of midnight and 5am unless accompanied by an adult. In both instances a person guilty of the offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

 

Home Office: Licensing Act 2003

General Data Protection

 

 

Please note that the licensing authority may be required by law to disclose to the appropriate authorities, from time to time, further information relating to applications and licences for the purposes of law enforcement and the prevention of fraud.

The contents of these pages are provided as an information guide only.  They are not a full and authoritative statement of the law and do not constitute professional or legal advice. Any statements on these pages do not replace, extend, amend or alter in any way the statutory provisions of the Licensing Act 2003 or any subordinate legislation made under it or statutory guidance issued in relation to it. We accept no responsibility for any errors, omissions or misleading statements on these pages, or any site to which these pages refer.  In particular, it must be noted that, although we have made every effort to ensure that the information in these pages is correct, changes in the law and the nature of implementation mean that the information in these pages cannot be guaranteed as accurate.

Temporary Events Notices (TEN) Register

Temporary Event Notices 2019 (PDF 286Kb)

Temporary Event Notices 2018 (PDF 286Kb)

Temporary Event Notices 2017 (PDF 327Kb)

 

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