GUIDANCE ON TEMPORARY EVENT NOTICES (TENS)
Note: It is recommended that you ensure that your intended event meets the qualifying criteria for a Temporary Event Notice (TEN) BEFORE you apply, as a refund of the statutory fee will not be given if your event can not beauthorised under TEN arrangements.
General information about temporary event notices (TENs)
1. Temporary Event Notices (TENs) replaced the existing temporary permissions or occasionallicences for events that require authorisation after 24 November 2005.
2. A TEN is the authorisation required for the temporary carrying on of
a) the sale or supply of alcohol;
b) the provision of regulated entertainment; or
c) late night refreshment at premises that do NOT hold an authorisation under the Licensing Act2003 to conduct such activities at the times proposed.
3. The system for TENs involves the notification of an event, by the premises user, to the LicensingAuthority and other Responsible Authorities. The event must be notified to the Licensing Authority and the following relevant persons:- The Police and the Local Authority Officer responsible for prevention of Public Nuisance, at least 10 working days before the intended event. Three Rivers District Council as theLicensing Authority considers that a period of notice of at least 28 days would be preferable.
4. It should be noted that the giving of a TEN does not relieve the premises user from
compliance with any planning requirements or obtaining appropriate planning consents (whererequired),nor is the premises user exempt from other legislative requirements (regarding healthand safety, noise pollution, building of temporary structures etc).
5. It should also be noted by the premises user that section 145 of the LicensingAct 2003 restricts the access of children to premises being used under theauthorisation of a TEN in certain circumstances. Non-compliance wouldconstitute a criminal offence, and it is the responsibility of the premises user toensure that all relevant legislation is complied with.
6. A TEN may be given for a premises already holding a premises licence or club premises
certificate, where the temporary event seeks to put on an event involving licensable activities, orhours, not covered by the existing licence.Examples of this situation could be:
a) A premises user wants to put on a temporary event involving live music in apub which only has a premises licence authorising the supply of alcohol.
b) A village hall holding a premises licence for sale of alcohol until midnightwishes to put on a temporary event where the sale of alcohol is extended until2am.
c) A qualifying club holding a club premises certificate, authorising supply ofalcohol to members and their guests only, seeks to put on a temporary eventat the club to allow the public to attend and be sold alcohol as well asproviding regulated entertainment.
7. Central Government anticipate that where ‘ad hoc’ events are predictable and anticipated tooccur with regularity, then these activities would normally be included as part of theapplicationfor (or variation of) a premises licence.
If the event falls outside of these limitations then a full premises licence is required.
- Premises user not exceeded personal limits?
- Minimum of 24 hours between events?
- Aggregate of 21 days per year not exceeded?
- Premises has given no more than 12 TENs per year?
- Less than 500 people attending at any one time?
- Event no longer than 168 hours (7 days)?
Temporary Event Limits for Tens
- Event cannot last longer than 168 hours (or 7 days).
- Event cannot be attended by more than 499 persons at any one time.
- There must be a gap of at least 24 hours between events.
- A single premises can only host a maximum of 12 TEN events per calendar year.
- A premises may not use TENs to exceed an aggregate of 21 days per calendar year.
- A premises user, or their associate(s), must observe the personal limits for
submission of TENs.
Who can give a TEN ?
a) The premises user for the event in question. This individual could be liable toprosecution if the statutory requirements for TENs were not observed (see section3 of this guidance sheet: ‘Criteria for Event to Qualify for TEN’).
b) A personal licence holder may give a maximum of 50 (fifty) TENs per calendaryear, whilst any individual (aged 18 or over) who does not hold a personal licencecan give a maximum of 5 (five) TENs per calendar year.
c) A notice is treated as being from the same premises user if it is given by a spouse,close family member or agent / employee.
d) The premises user should ensure that they are familiar with relevant offences underlicensing law, including laws governing sale of alcohol to minors or a person who is
drunk.
Who can object to a TEN?
• The Police Officer and the Local Authority Officer, responsible for prevention of public nuisance (Relevant Persons) have THREE working days, from being notified, to issue an Objection Notice if they believeholding the event would undermine the Crime Prevention Objective or the prevention of public nuisance objective.
• If there is an objection by either body then this will generate a hearing of a Licensing Act sub-committee of ThreeRivers District Council’s Licensing Committee.
• Premises users are encouraged to contact local the Relevant Persons at the earliest opportunityconcerning their proposals before submitting a TEN. It may also be prudent to liaise withotherrelevant authorities (Hertfordshire Fire & Rescue) if you require expert guidance or adviceabout your event.
• The Relevant Persons may withdraw an objection they have made, or can reach an agreement with the premises user to modify the TEN or add conditions.
•If there is no objection to the eventfrom the Relevant Persons the Licensing Authority will simply issue an acknowledgement to thepremises user.
• Police also have powers to close down events with no notice on grounds of disorder, thelikelihood of disorder or because of noise nuisance emanating from the premises.
• The Licensing Authority may also serve a counter-notice to any TEN submitted if the
qualifying parameters for TENs are not met or are exceeded.
Further information and contact details:
The contact details for Hertfordshire Constabulary and the Local Authority Officer responsible for the prevention of noise nuisance (Relevant Persons) where you need to serve a copy of your notice areshown below.
You send ONE copy to each of the Relevant Persons and TWO (including the original) to the Licensing Authority:
1) Police Licensing Officer 2) Residential Standards Manager
Community Safety Unit Environmental Health
Rickmansworth Police Station Three Rivers District Council
Three Rivers House Three Rivers House
Northway Northway
Rickmansworth Rickmansworth
Herts WD3 1RL Herts. WD3 1RL
Tel: 01923 472284 Tel: 01923 776611
THE LICENSING ACT 2003, REGULATIONS & NATIONAL GUIDANCE:
The Act, Regulations and guidance are available via the Home Office web site at
Please note: This document has been drafted for general guidance only and does not
constitute legal advice. The Authority accepts no liability for any error or omission. The
information and requirements contained herein may be subject to change at any time.