Temporary Event Notice (TEN)
A Temporary Event Notice or ‘TEN’ is a light touch process which enables small events involving licensable activities to take place without the need for a premises licence. The fee for a TEN is £21.
A person wishing to hold an event at which licensable activities are proposed to be carried on must give notice to the licensing authority of the event in the form of a TEN. TENs can be given to permit any or all of the following licensable activities:
- Sale and/or supply of alcohol
- The provision of regulated entertainment
- Provision of late night refreshment (the sale of hot food and drink 11pm - 5am)
Premises can be any place so could be a room in a premises or part of a field so it is important to specify the actual location. A map or diagram can be submitted with a TEN to assist.
A temporary event notice may only be given by an individual and not, for example, by an organisation or club or business. The individual giving the notice is the proposed “premises user”. Within businesses, clubs or organisations, one individual will therefore need to be identified as the proposed premises user.
The form requires the premises user to describe key aspects of the proposed event, including the general nature of the premises and the event and the licensable activities intended to be carried on at the proposed event.
As a general rule all events which include the sale or supply of alcohol will require some form of authorisation (premises licence or temporary event notice). Failure to adhere to the requirement of the 2003 Act would mean that the event is unauthorised. In such circumstances, the premises user would be liable to prosecution.
Guidance for submission of TENs during COVID-19 restrictions
Notice to premises users under TENs
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 TENs 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 TENs 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 from 1 August as highlighted by the PM on 17 July:
- Government press release - Audiences back in theatres from 1 August
- Health Protection (Coronavirus, Restrictions) (No.2) (England) Regulations 2020
- Working safely during coronavirus – restaurants, pubs, bars and takeaway services
- HSE’s template risk assessment
- Guidance for people who work in performing arts, including arts organisations, venue operators and participants
- Events Industry Forum – Making outdoor event gatherings happen again Maintaining records of staff, customers and visitors to support NHS Test and Trace
- Guidance for small marriages and civil partnerships
- Guidance for organising a funeral and wake during the coronavirus pandemic
- Closing certain businesses and venues in England
- Types of TEN
There are two types of TEN:
- A standard TEN
- A late TEN
The maximum number of people attending the premises at any one time must not exceed 499 people (including staff)
Notice period required prior to event:
- A standard TEN must be served on the local authority no later than 10 working days before the day of the proposed event.
- A late TEN must be served no later than five working days but no earlier than nine working days before the event.
Please note that 'working days' excludes the day on which the notice is served and the day of the proposed event.
Where possible please ensure that TEN notifications are submitted to the council between Mondays and Thursdays.
Limits on the number of TENs a person may serve:
- Personal licence holders - A personal licence holder may serve up to 50 TENs in a calendar year. Of the 50 TENs which can be served by personal licence holders 10 may be late TENs.
- Non-personal licence holders - A non-personal licence holder may serve up to 5 TENs in a calendar year. Of the 5 TENs which can be served by a non-personal licence holder 2 may be late TENs.
Please note a TEN is treated as being from the same premises user if it is given by an 'associate' of the proposed premises user. An 'associate' of the proposed premises user includes a spouse or civil partner, a child or direct family member, an agent or an employee of that person.
Limits on the number of TENs served at one premise:
- TENs cannot be at the same premises on more than 15 occasions in any calendar year .
- A premise is subject to an overall aggregate of 21 days use in any calendar year , regardless of the number of individual occasions on which they have been used.
A calendar year is defined as the period between 1 January and 31 December. The Deregulation Act 2015 has increased the number of TENs which can be carried on at the same premises to 15 with effect from 1 January 2016.
Duration of event
The maximum duration of an event authorised by a TEN is 168 hours (seven days).
Time period between events
The minimum period between events authorised under separate TENs in relation to the same premises by the same premises user is 24 hours .
Process following objections
If the police and/or environmental health officer raises an objection to a standard TEN the licensing authority must hold a hearing to consider the objection, unless all parties agree that a hearing is unnecessary.
If the police and/or environment health officer raises an objection to a late TEN , the notice will not be valid and the event will not go ahead as there is no scope for a hearing or the application of any existing conditions.
- What do I need to consider when completing my application?
Promotion of the licensing objectives
When giving a TEN, it is important that the premises user considers the promotion of the four licensing objectives as these are the grounds under which the notice will be considered by the police and environmental health team. The four licensing objectives are the prevention of crime and disorder, the prevention of public nuisance, public safety, and the protection of children from harm.
Timings stated on the notice - 24 hour clock
Timings need to be clearly stated for each licensable activity using the 24 hour clock. Where an activity extends through until the early hours of the following day both dates should be clearly stated on the notice. Should there be any errors on the TEN it will be deemed invalid and will be rejected.
Relevant entertainment section
On completion of a TEN the form requires applicants to confirm if the licensable activities provided will include the provision of relevant entertainment . Relevant entertainment as defined in the Local Government ( Miscellaneous Provisions) Act 1982 includes displays of nudity designed to sexually stimulate any member of the audience including, but not limited to, lap dancing and pole dancing. Premises user should ensure that they read and fully understand this section before declaring that relevant entertainment is taking place as any declarations made in error may delay your application.
Sale/supply of alcohol
On completion of the notice please ensure you are aware of the difference between the sale and supply of alcohol. The sale of alcohol for the purposes of the Licensing Act 2003 means the sale of alcohol by retail to a member of the general public. The supply of alcohol relates to a supply of alcohol made by or on behalf of a members club to the order of a member of the club. Where members of a club purchase alcohol, there is no sale (as the member owns part of the alcohol stock) and the money passing across the bar is merely a mechanism to preserve equity between the members.
There may be some circumstances where an existing members club may wish to extend the hours during which they can supply alcohol to club members by submitting a TEN notice to authorise the supply of alcohol. However, in the majority of cases it is expected that a TEN will be submitted to authorise the sale of alcohol by retail only.
What if the premise doesn't have an address?
For the purposes of the Licensing Act 2003, “premises” means any place therefore the premises will not always be a building with a formal address and postcode. Premises can include, for example, public parks, recreation grounds and private land. A temporary event notice can also be given for part of a building, such as a single room or a defined plot within a larger area of land.
Premises users should provide a clear description of the area in which they propose to carry on licensable activities within the TEN notice. In cases where the location of the premises requires specific description it is recommended that a plan of the premises is provided with the notice to assist authorities.
What if the premise is situated in two local authority areas?
Some premises may be situated in two licensing authority areas, for example, where a building or field straddles the local authority boundary. Where this is the case, at least one copy of the notice must be sent to each of the licensing authorities identified, together with the appropriate fee in each case. In such circumstances, you will receive acknowledgements from all the relevant licensing authorities. Where the premises are situated in two police areas or environmental health areas, a further copy will need to be sent to the further police force and environmental health authority.
- What happens if I submit my application outside of the required notice period?
Where a TEN is submitted with less than 5 working days’ notice the licensing authority will be unable to accept the TEN and the premises user will be notified. This means that the licensable activities proposed to be carried out on from the premises will not be authorised and the provision of the activities would be an offence.
It is important to remember that guidance issued under section 182 of the licensing act states that working days means ‘working days exclusive of the day on which the event is to start, and exclusive of the day on which the notice is given'. The Licensing authority has no discretion and TENs which are submitted outside the required timescale will not be accepted. It is unlikely that the licensing authority will provide a refund.
What happens when a TEN exceeds the permitted limits?
On submission of a complete application the licensing authority must check that the limitations set down in the 2003 Act are being observed and intervene if they are not. For example, a TEN would be void unless there is a minimum of 24 hours between events notified by the same premises user. Where the application is not within the statutory parameters described earlier, the licensing authority will issue a counter notice to the premises user.
What if the event takes place over two calendar years?
If an event straddles two calendar years, it will count against the limits on temporary event notices for each year. However, only one notice needs to be given.
- How do I apply for a Temporary Event Notice?
To apply for a TEN under the Act the premises user must submit the notice to the local authority in which the premises is located. You can apply and pay for a temporary event notice online by clicking on the button below.
You will be emailed a copy of your receipt and your TEN application, please retain these and have them available during the event.
Please note submission of the application to the Police and Environmental Health Team is not required in the case of online applications. The Licensing Team will consult with Environmental Health and Police on behalf of the applicant.
- What will happen next?
Where the TEN is in order, the relevant fee paid and the event falls within the prescribed limits, the licensing authority will record the notice in its register and send an acknowledgement to the premises user (which may be given electronically). The licensing authority must send the acknowledgement no later than the end of the first working day following the day on which it was received (or by the end of the second working day if it was received on a non-working day).
Please note if you have applied for a TEN online then the standard acknowledgement or any other correspondence regarding the TEN will be sent to you by e-mail. Applicants must ensure they check the e-mail address provided for relevant correspondence following submission of the TEN.
I have received my acknowledgement, what happens next?
The police or environmental health authority will consider the contents of the notice and may intervene to prevent an event taking place by sending an objection to the licensing authority within 3 working days following the day on which they received the TEN. If at the end of the 3 working day consultation period no objections are received from the police or environmental health officer the event will be authorised to take place in line with the notice.
Once an acknowledgement has been sent to the applicant the licensing authority will make no further contact with the applicant unless an objection is raised.
- What happens if there is an objection?
Where a relevant objection is received in relation to a standard TEN, the licensing authority must consider the objection at a hearing before a counter notice can be issued. At the hearing, the police, environmental health and the premises user may make representations to the licensing authority. Following the hearing, the licensing authority may decide to allow the licensable activities to go ahead as stated in the notice, impose conditions (only those conditions which already apply to an existing premises licence or club premises certificate at the venue), or issue a counter notice to prevent the licensable activities going ahead.
There is no scope for hearings in respect of late TENs and if objections are raised by the police or EHA in relation to a late TEN, the notice will be invalid and the licensable activities cannot go ahead.
Is it possible to agree to make a change to the notice to satisfy the police or environmental health team?
The police or environmental health authority may also intervene by agreeing a modification of the proposed arrangements directly with the TENs user. The licensing authority may only otherwise intervene if the statutory permitted limits on TENs would be exceeded.
What if the event is cancelled or postponed?
There is no provision within the 2003 act to alter the dates on which a proposed event will take place once a TEN has been submitted to the licensing authority. In such cases the applicant must submit a further TEN for the revised date subject to the same procedure and payment of a further fee (where permitted limits allow). The premises user may notify the licensing authority in writing that they wish to withdraw a notice prior to the event taking place however, no refund will be issued. However, where a TEN notice is withdrawn prior to the event taking place the notice will not count towards the permitted limits.
- What does the premises user need to do at the event?
When the event takes place the premises user must ensure that a copy of the TEN is prominently displayed at the premises, or display a notice specifying who at the event has custody of the TEN should this information be required by an authorised officer. In the case of online applications the premises user must ensure that they are able to produce a copy of the TEN and the standard acknowledgement emailed to them by the licensing authority which includes a signed declaration confirming receipt of the notice.
Does the premises user need to be present at the event?
Premises users are not required to be on the premises during the event authorised by the TEN, however they will remain liable to prosecution for certain offences that may be committed at the premises during the period covered by it. These include, for example, the offences of the sale of alcohol to a person who is drunk; persistently selling alcohol to children and allowing disorderly conduct on licensed premises.
All temporary event notices are given subject to a mandatory condition requiring that where the licensable activities involve the sale or supply of alcohol, all such supplies must be made by or under the authority of the named premises user. For these reasons it is strongly recommended that the premise user is present at the event to ensure that they can exercise proper supervisory control.
For further information on responsibilities relating to the provision of licensable activities under the licensing act 2003 you can visit the Licensing Act 2003 inspections webpage. This information relates primarily to premises authorised to provide licensable activities on a permanent basis under the authorisation of a premises licence however, the tips and templates available are also relevant to the management of one off events including licensable activities.
- Festivals and large events
If you would like to run a music festival or large event, please contact the licensing team to discuss the event and obtain advice on the possible licensing restrictions. Also see the section below ‘useful links’ as it provides further guidance on safely arranging festivals.
- Further useful links
- What if I require further advice?
The licensing team are able to offer general advice on completing the TEN but are not able to complete your application for you. Should you require further advice once you have completed the notice please contact the licensing team by phone or email.