Legal checklist: Late Temporary Event Notices (TENs)

If pubs wish to hold an ad-hoc event and it is less than 10 working days to the event, they may be able to submit a 'late TEN'. Here’s a legal checklist for applying for these notices.

  1. The total number of TENs a personal licence holder can apply for in any one calendar year is 50 (five for non-personal licence holders). This total of 50 (or five) includes late TENs.
  2. Personal licence holders may issue up to 10 late TENs in respect of the same year.
  3. Non-personal licence holders may to issue up to two late TENs in the same year.  
  4. The event that is the subject of the late TEN need not be a special occasion. In fact, you do not need to provide any special reason for the giving of a late TEN.
  5. Late TENs can be given up to five working days, but no earlier than nine working days, before the event is due to take place and, unless given electronically to the licensing authority, must also be sent by the premises user to the police and environmental health officer at the same time.
  6. “Working days” excludes the day the notice is received and the first day of the event.
  7. Speak to the council licensing officer or contact a licensing law firm if you are nearing your limit of 10 late TENs for the year. This is because there is an argument that once this limit is reached it prevents you from applying for further standard TENs (up to the aggregate total of 50 late and standard TENs). The law, frankly, is badly drafted and it is better to understand the implications before committing yourself.
  8. If the police or environmental health officer object to the late TEN by issuing an objection notice then the licensing authority must issue a ‘counter notice’ no later than 24 hours before the beginning of the event period specified in the TEN. 
  9. This means that the late TEN is not authorised, and there is no appeal. In this respect late TENs differ from standard TENs as a hearing would normally be arranged for the latter; however, time constraints make this impossible with late TENs and so, if the authorities object, that is the end of the matter.
  10. In addition, if an objection is received to a late TEN there is no scope for the application of any conditions that exist on a relevant premises licence.

In short, if you issue a late TEN you are putting the future of your event wholly in the hands of the police and environmental health officer. What better reason, at the start of the new year, to plan and consult just a little further ahead!

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Licensing Law

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