On this note, here are some points to consider.
Be clear on what you’re planning for the event (timings and licensable activities) and check whether your current premises licence covers how you wish to operate.
Make sure you also check for any non-standard timings for notable days (e.g. Halloween, Bonfire Night, Christmas, New Year’s Eve) which may allow the premises to trade later and any conditions attached to the licence that may affect how you wish to operate the event (such as an outside area not being used after 10pm).
If the permissions you are seeking (such as later trading hours or certain licensable activities ) are not covered under your premises licence and/or you wish for licence condition(s) not to apply during the event, then you will need to issue a TEN. However, just be mindful that it is open for the Police Licensing Officer or Environmental Health to ask that any current conditions attached to the premises licence are repeated on the TEN.
You also need to be clear on what you are applying for; get it wrong and your event may not be permitted to go ahead as planned. For example, where your premises licence currently permits you to trade until midnight on Friday and you wish to extend sale of alcohol and provide regulated entertainment until 02:00 the following morning, make it clear on the application that the TEN would extend the sale of alcohol and regulated entertainment for the Saturday morning, i.e. 00:00 to 02:00 hours, not Friday morning.
There are strict rules on giving notice for a TEN. A standard TEN must be received by your local Licensing Authority at least 10 working days before the date the event is to take place and, unless given electronically to the Licensing Authority, must also be sent to the Police and Environmental Health Officer at the same time.
The 10 working days excludes the day the notice is received and the first day of the event. If there are less than 10 working days before the event, you need to issue a late TEN which must be received by the local Licensing Authority no less than 5 working days before the event.
If objections are received to a standard TEN, you are entitled to a hearing before the Licensing Committee. An objection to a late TEN results in the TEN being automatically rejected, as there is no right to a hearing (therefore, ideally you want to avoid submitting a late TEN).
Apply for your TEN in plenty of time to avoid disruption and issues to your planned event and give sufficient time to iron out any technical issues, and have any discussions with Police and Environmental Health to allay any concerns. Also, in the event the TEN you submitted is defective, it also gives you time to resubmit it.
Limitations on TENs
- No more than 499 people, including staff and performers, are permitted to attend any event under a TEN at any one time.
- Up to 15 TENs can be issued per year for any particular premises. Two different rooms in the same building could be used as 2 separate premises – allowing 30 events in the year.
- The maximum total duration of events authorised by TENs for an individual premises is 21 days per year. If an event starts on one day and finishes the next morning, this is 2 days out of the limit of 21 per year for that premises.
- The maximum duration of an event authorised by a TEN is 168 hours.
- There must be at least 24 hours between each TEN at any one premises if issued by the same person or connected person.
- If the individual holds a Personal Licence that person can apply for up to 50 Temporary Event Notices per calendar year (including 10 late TENs), assuming that he uses different premises from time to time. If the person does not hold a Personal Licence he is limited to 5 per calendar year (including 2 late TENs).
- The council fee for issuing a TEN is £21 and the TEN must be applied for in the name of an individual who is aged 18 or over. If for whatever reason the holder of the TEN is no longer employed at the premises they are unlikely to agree to remain legally responsible for the event. In these circumstances the best course would be to reissue the TEN if you have time. It is always best to ensure that an individual in whose name the TEN has been issued is likely to be and indeed is still employed at the premises at the time the event goes ahead.
- It is good practice to carry out a risk assessment for the event (ideally in a written form to keep at hand) and you should be prepared to answer any questions from your local Police Licensing Officer around capacity, security for the event (door security that may be provided), any additional staffing, use of any particular types of glassware and use of any outside areas.
By planning ahead and getting your TENs in place for notable events coming up this year you can ensure you have the correct permission in place and concentrate on running your event to make it a success.
- Suraj Desor is an associate solicitor at Poppleston Allen
