A Temporary Event Notice (TEN) is a notification given by an individual to Ashfield District Council giving notice of an event where licensable activities are to take place.
Temporary Event Notices (or TENs) can be used to allow licensable activities to be carried out on a one-off or occasional basis. They are the most appropriate type of authorisation for small-scale, one-off events, such as community, school and charity fundraising events, at which it is intended to sell or supply alcohol, provide regulated entertainment, or sell hot food/drink between 11pm and 5am.TENs may also be used by licensed premises to increase the scope of their licence for a one-off event, for example, to allow the hosting of a live music event in a venue not usually permitted live music, or to allow extra hours for the supply of alcohol on a special occasion.
Licensable activities are:
The sale of alcohol by retail.
The supply of alcohol by or on behalf of a club to, or to the order of, a member of a club.
The provision of regulated entertainment.
The provision of late night refreshment (hot food or drink for consumption on or off premises between 11pm & 5am).
Temporary Event Notice.
- The person giving the Temporary Event Notice, the premises user, must be over 18 years old.
- Personal licence holders may give up to 50 notices per year, Non personal licence holders may only give up to five notices per year.
- Each event may last no more than 168 hours.
- No premises may be used more than Fifteen times per calendar year.
- No premises may be used for greater than 21 days per calendar year in total.
- No more than 499 persons attending the event.
Unauthorised events are subject to a Section 136 of the Licensing Act 2003, which if convicted, the event organiser is liable to imprisonment for a term not exceeding 6 months, or to a fine not exceeding £20,000, or to both.
There must be at least 24 hours between events notified by the premises user in respect of the same premises. In addition a TEN is treated as being from the same premises user even if it is given by an associate. The Act defines an associate as being a spouse, child, parent, grandchild, grandparent, brother or sister or their spouses or agent or employee of that person or their spouse.
Provided that the above criteria are met, only the police and Ashfield District Council's Environment Protection Section may object to prevent an event covered by a TEN on all licensing objectives.
In circumstances where the above criteria are not met a full Premises Licence will be required
Procedure for giving a Temporary Event Notice
NOTE - Please note working days are Monday – Friday, do not include Bank Holidays, and do not include the day of application or the day of the event.
The premises user will be required to provide the Chief Officer of Police, Ashfield District Council's Licensing Section and Ashfield District Council's Environment Protection Section with the notice at least ten working days prior to the event, or five working days for a late ten. The Council requires a copy, in addition to the original notice and a fee of £21.00, the Police and Ashfield District Council's Environment Protection Section require one copy each. If you submit your notice electronically to Gov.UK, then you are not required to provide copies to the Police or Environmental Protection Section - we will do this for you.
The notice will include: The licensable activities to take place during the event; The period (not exceeding 168 hours) during which it is proposed to use the premises for licensable activities; The times during the event period when licensable activities are to take place; The maximum number of persons (no more than 499 persons) to be allowed on the premises at any one time; If the supply of alcohol is involved, whether the supplies will be for consumption on or off the premises or both; Where the licensable activities include the supply of alcohol, the Temporary Event Notice must make it clear that such sales are made by or under the authority of the premises user.
The Council will either acknowledge receipt of the notice or, in consideration of any Police or Ashfield District Council's Environment Protection Section objection, provide a hearing or counter notice depending on type of TEN applied for.
Late TENs are intended to be used by premises users who are required for reasons outside their control to, for example, change the venue at short notice. They should not be used save in exceptional circumstances.
Late notices can be given no later than 5 working days but no earlier than 9 working days before the event in relation to which the notice is given. A late notice given later than 5 working days before the event to which it relates will be returned as void and the activities described in it will not be authorised.
The number of late notices that can be given in any one calendar year is limited to 10 for personal licence holders and 2 for non-personal licence holders. These count towards the total number of temporary event notices (i.e. 50 temporary event notices per year for personal licence holders and 5 temporary event notices for non-personal licence holders).
If there is an objection from either the Police or Ashfield District Council Environmental Protection Section the event will not go ahead and a counter notice will be issued.
Police & Ashfield District Council's Environment Protection Section Objections
If the Police and Ashfield District Council's Environment Protection Section believe that allowing the event will undermine any licensing objectives, they must, no later than 3 working days after being given a copy of the TEN, give the premises user and the Council an objection notice.
If the Police or Ashfield District Council's Environmental Protect Team object against the TEN then the council must hold a hearing to consider the application, at least 24 hours before the event.
If the TEN is submitted under the late Ten regulations and objections are received, a hearing will not take place and a counter notice will be issued to state the event cannot take place.
Discussions prior to submitting a TEN
Where it is proposed to hold a major event (not exceeding 499 people), organisers are asked to contact the Council at an early stage before a formal notice is made. This will enable the Police and Ashfield District Council's Evironmental Protect Team to consider and discuss with organisers their operating schedule and avoid potential objections and hold ups.
The giving of a temporary event notice does not relieve the premises user from any requirements under planning law for appropriate planning permission where it is required.
Under the Act it will be unlawful to allow any unaccompanied child under the age of 16 to be present on premises where the TEN is exclusively or primarily used for supply and consumption of alcohol.It will also be unlawful to permit children under 16 not accompanied by an adult between midnight and 5 a.m. into any premises operating under a TEN supplying alcohol for consumption.
TENs for premises that already hold a Premises Licence
TENs can be given for premises that already hold a Premises Licence or a Club Premises Certificate. For example to use a pub for an event involving regulated entertainment such as for a wedding, where the premises licence does not authorise such a provision of regulated entertainment. Also it could be used where the premises wants to stay open later than is specified on their Premises Licence for a particular event.
Will Tacit Consent Apply?
Yes, after ten working days for a Standard Ten and five working days for a Late Ten, provided that application forms and all relevant documents are received by the Licensing Authority, Nottinghamshire Police and/or other Responsible Authorities where applicable and there are no representations which would lead to a hearing taking place.
If you have any queries please do not hesitate in contacting a member of the Licensing Team.