Temporary Event Notice's can be used to authorise small scale events held in any premises, both indoor and outdoor.
The events must not involve more than 499 people on the premises at any one time, even if your premises holds more than this. If you think that more than 499 people will attend the event you will need to apply for a premises licence.
The event organiser (premises user) gives a temporary event notice (TEN) to the licensing authority, copying it to the police and environmental health. There are two types of TEN, a standard and a late TEN.
|Type of TEN||When issued||Fee||Who needs a copy||How long does a TEN last|
|Standard TEN||No later than 10 working days before the event||£21||Relevant licensing authority, Chief Officer of Police, Environment Health (No later than 10 working days before event)||Each event covered by a TEN lasts up to 168 hours|
|Late TEN||Between 9 and 5 working days before the event||£21||Relevant licensing authority, Chief Officer of Police, Environment Health (No later than 5 working days before event)||Each event covered by a TEN lasts up to 168 hours|
How many TEN's per calendar year
- anyone aged 18 or over can give a maximum of 5 TEN's (made up of standard and a maximum of 2 late TEN's)
- personal licence holders can give 50 TEN's (made up of standard and a maximum of 10 late TEN's)
- each individual premises can have no more than 15 (with an aggregate duration of 21 days in any year)
- there must be a minimum of 24 hours between events at the same premises
Provided that the criteria set out are met, only the police or environmental health may intervene to prevent an event taking place or agree a modification of the arrangements. The police have the authority to close premises in certain cases of disorder or noise nuisance whilst there is a TEN in place.
Simultaneous notifications of multiple events at a single time can be issued provided the limits on the use of TEN's are observed. Each event will require a separate £21 fee.
Please note that although the Licensing Authority may grant a Temporary Event Notice there are other factors you need to consider before the proposed event takes place, for example:
- A Temporary Event Notice does not relieve the premises user from any requirements under planning law for appropriate planning permission where it is required.
- If the event is taking place in an area which is covered by a Public Space Protection Order (PSPO), then there are further restrictions relating to alcohol and anti-social behaviour which you should familiarise yourself with to ensure that you and your customers are compliant.
- If the event is taking place at or on a premises which you do not own, you must obtain permission from the owner of the premises or land. If you are planning to hold your event on Council owned premises or land, you will need to contact our Assets and Properties team on 01302 737405
Apply and pay online using the following link:
The TEN must be in the prescribed form and contain a statement of:
- the licensable activities taking place
- the period during which it is proposed to use the premises for those activities
- the times during the event period when licensable activities are to take place
- the maximum number of persons to be allowed on the premises at any one time (not exceeding 499)
- 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 condition that all supplies are made by or under the authority of the premises user
- other matters prescribed in the regulations
Please see the document 'Fire Safety Guide to operating under a Temporary Event Notice'
Guidance for submission of TEN's during COVID-19 restrictions
Notice to premises users under TEN's
On 11 July 2020, the Government updated its guidance in relation to working safely during COVID-19. The updated guidance confirmed that performing arts can now take place outdoors with a socially distanced audience present. This means that outdoor theatres, opera, dance and music can now be resumed so long as they take place outside, with a limited and socially distanced audience, and the appropriate risk assessments in place.
Guidance published by the Department for Digital Culture, Media and Sport aims to help performing arts organisations, venue operators and participants in the UK understand how they can work and take part in the performing arts safely, and keep their audiences safe.
The Licensing Authority is mindful that the recent relaxation of restrictions may result in an increase in TEN's being submitted to the Licensing Authority for events in the open air. However, notwithstanding the possibility of small scale events taking place, there is still an ongoing requirement to prevent the occurrence of illegal gatherings which could contribute to an increase in the spread of the virus and potentially result in a local lockdown.
In order to assist event organisers to deliver a safe event using the TEN's process, we would strongly advise that the best approach in organising your event is to ensure that you have conducted a thorough risk assessment for the proposed entertainment and, in particular, follow Government guidance in relation to COVID-19 measures so as to ensure that performers and members of the public alike are safe and the risk of transmission of the coronavirus is reduced.
To reduce the potential risk of objections being made by the Police or Environmental Health in relation to any TEN given, it is strongly suggested that you submit the risk assessment you have undertaken at the same time you give notification of the TEN.
This will enable the authorities to properly consider the measures you intend to put in place and may well prevent possible objections which would result in either the event not going ahead under a late TEN or a formal hearing being necessary for a standard TEN.
The following links may be of assistance if you are thinking of organising an outdoor event or for indoor events such as theatres, music and performance venues:
- the licensing authority must issue acknowledgement of the TEN, if it is within the limits of permitted temporary activities and no intervention has been made to prevent the event happening or have agreed modifications
- if the TEN exceeds the permitted limits, the licensing authority must give the premises user a counter notice, copied to the police and environmental health, preventing the event from taking place
- if the police and environmental health are satisfied that allowing the premises to be used in accordance with the TEN would undermine the licensing objectives, they must give the premises user and the licensing authority an objection notice (no later than three working days after being given a copy of the TEN). The authority then must hold a hearing to consider the notice no later than 24 hours before the beginning of the event (unless all parties agree this is unnecessary) and, will issue a counter notice if it considers it necessary for the promotion of the licensing objectives to do so. This will mean that the event cannot go ahead
- in the case of a late TEN, if an objection is received the event will not be allowed to proceed
- the TEN can be modified by the police or environmental health with the agreement of the premises user prior to the consideration of the objection notice by the licensing authority, in which case the objection notice is to be treated as having been withdrawn and the 2003 Act will apply to the TEN as modified
- where the police or environmental health have objected to a TEN and it has been modified, the police or environmental health must give a copy of the modified notice to the licensing authority before a hearing is held
- a TEN may be withdrawn by the 'premises user' by giving the licensing authority a notice to that effect no later than 24 hours before the beginning of the event period specified in the TEN
- if a TEN is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority for a copy of the notice. No application may be made more than a month after the end of the event period. Any application must be accompanied by the prescribed fee (for a copy of a TEN original lost, stolen etc £10.50)
- the premises user must either secure that a copy of the TEN is prominently displayed at the premises, secure that the TEN is kept at the premises in their custody or secure that the TEN is kept at the premises in the custody of a person who is working at the event and whom has been nominated for this purpose (if this is the case, secure that a notice specifying this fact and the position held at the premises by that person is prominently displayed at the premises)
- if an event is experiencing or likely to experience disorder, the police have the power to seek court orders to close premises for up to 24 hours. They also have the power to close down (instantly for up to 24 hours) premises with a TEN, if they are disorderly, likely to become disorderly or are causing nuisance as a result of noise. Such orders may only be made where it is in the interest of public safety, in cases of disorder or to prevent nuisance (noise)
- licensing authorities have no power under the Licensing Act 2003 to stop permitted temporary events once they have started. However, a local authority has powers under other legislation, such as powers to deal with a statutory nuisance, and can, under the Anti-Social Behaviour Act 2003, issue a closure notice for up to 24 hours where noise nuisance is being caused at an event being authorised by a TEN
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- Fire Safety Guide to operating under a Temporary Event Notice
- Download (28KB - DOC)