Applying for a permanent Premises Licence can be a time-consuming and costly process to go through, especially if the event that you are planning is a one-off for a limited number of people – in this situation a Temporary Event Notice may be more suitable.

A Temporary Event Notice (TEN) is not a licence as such as it is not applied for. Rather, the ‘premises user’ (who must be over 18) fills out a standard form Notice and sends it to the Licensing Authority and the chief officer of police to notify them that the event will be taking place. The notice contains such information as who will be the person responsible for the event, when and where it will be taking place and what licensable activities will be provided.

The licensable activities a TEN can cover are:

1. The supply of alcohol;
2. The provision of regulated entertainment (plays, films, boxing/wrestling, indoor sports, live and recorded music, dance and anything similar to music and dance. Also the provision of facilities for providing music, dance or anything similar to music and dance; and
3. The provision of late night refreshment (hot food and drink between the hours of 11pm and 5am).

There is also a suggestion that, in the correct circumstances, a TEN can be used to circumvent a condition on a Premises Licence.

The regime covering the licensing of temporary events has been described as a ‘light touch’ regime. It is true that, unlike with Premises Licences, the relatively low level of consultation is an advantage for those wishing to use them. As long as the Notice is made correctly and the Police have no concerns about crime and disorder resulting then it will be fine. There is no process by which anyone else can object, for example on grounds of public nuisance.

There are limits, however, to the number of TENs that can be used each year, whether by an individual or in relation to a particular premises.

Limited use

TENs are designed to be used to cover smaller events where licensable activities are to be provided. The theory behind this is that an event exceeding those limits, whether it is because there are too many people attending or the event goes on for too long, would be more properly regulated by a Premises Licence. The limits are as follows:

1. The maximum attendance in an area covered by a TEN is 499 people.
2. A person can only give 5 TENs per year unless they hold a Personal Licence, in which case they can give 50.
3. Each event can last up to a total of 96 hours
4. A particular premises can host up to 12 events per year, but the length of the events must not exceed 15 days over that time.
5. There must be a minimum period of 24 hours between any events.

Making the application

The Notice must be completed fully and accurately. Two copies must be sent to the Licensing Authority with a cheque for in respect of the fee payable. At the time of writing the fee for a single TEN is £21. The TEN must be given to the Licensing Authority at least 10 working days before the day the event is to start.

At the same time a single copy of the Notice must be sent to the chief officer of police for the area who will then have a period of 48 hours to decide if they wish to object to the Notice given on grounds of crime and disorder. If this is the case the person who gave the Notice will be told. A hearing before the Licensing Committee will be required to determine whether the Notice will be granted as submitted, amended in some way or rejected. If the Notice giver and the Police can reach an agreement prior to the hearing as to the way in which the planned event will be conducted and the Notice can be amended to reflect this then the need for the hearing can be averted.

If there is no Police objection, or if the Notice is granted at the hearing, then the Licensing Authority will acknowledge it by signing and dating one of the two copies that were sent to them. This acknowledged TEN will be returned.

On the day

The acknowledged TEN must be displayed prominently on the premises for the duration of the event. However, the Notice does contain the personal details of the person responsible for the event, so alternatively a more generic notice may be displayed. This must state who has the TEN itself in their custody and what their position is. The TEN itself should be kept safely at the premises for inspection in case a Licensing Officer or Police Officer asks to see it.

If the acknowledged TEN is lost, stolen, damaged or destroyed prior to the event then the Licensing Authority should be contacted for a replacement.

The above article relates to the position under the Licensing Act 2003 which is in force in England and Wales. The fees and limitations relating to a Temporary Event Notice may be amended by the Secretary of State and there has been some suggestion that changes will indeed be made. The information in this article is correct as at August 2007.