A temporary event notice (TEN) authorises an individual to hold small-scale events that include licensable activities (such as selling alcohol or staging regulated entertainment). These events may take place either indoors or outdoors.
Location of event
A TEN can be given for part of a building, such as a single room or a plot within a larger area of land. Premises will therefore not always be a building with a formal address and postcode. A plot of land could include public parks, recreation grounds and private land.
You should provide a clear description of the area in which you propose to carry on licensable activities. This is important as any licensable activities conducted outside the area of the premises protected by the authority of this TEN would be unlawful and could lead to prosecution.
If the location is an outside event, please submit a plan showing which areas, such as the location on the field, where the event is taking place.
Existing licensed premises
If you apply for a Temporary Event Notice and you currently hold a premises licence or club premises certificate for the same or part of the location of where the temporary event is taking place, it is possible that any conditions which apply to the licence or certificate may be imposed on the TEN if certain pre-conditions are met.
These pre-conditions are that the police or the local authority exercising environmental health functions object to the notice and the licensing authority decides to issue a notice with conditions that apply to TEN (the imposition of the conditions will be on your premises licence or club premises certificate. Not all conditions will be put on the notice as any conditions inconsistent with the carrying on of the licensable activities under the temporary event notice will not apply).
Organisers of temporary events are strongly advised to contact our licensing officers and the police for advice at the earliest opportunity. Advice can be obtained to avoid any unnecessary objections that may arise from misunderstandings or confusion as to what is being proposed.
It is an offence to knowingly or recklessly to make a false statement in, or in connection with, a Temporary Event Notice. (A person is to be treated as making a false statement if he produces, furnishes, signs or otherwise makes use of a document that contains a false statement). To do so could result in prosecution and a fine not exceeding level 5 on the standard scale.
Under the Licensing Act 2003, all TENs are given subject to a mandatory condition requiring that where the licensable activities involve the supply of alcohol, all such supplies must be made by or under the authority of the names premises user. If there is a breach of this condition, the premises user and the individual making the supply in question would be liable to prosecution.
A TEN 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 limitations apply to:
- the number of times a person (the “premises user”) may give a temporary event notice (TEN) (50 times per year for a personal licence holder and five times per year for other people)
- the length of times a person (the "premises user" may give a late temporary event notice (LTEN) (10 times per year for a personal licence holder and two times per year for other people)
- the number of times a TEN may be given in respect of any particular premises (12 times in a calendar year)
- the length of time a TEN may last for these purposes (168 hours)
- the maximum aggregate duration of the periods covered by TENs at any individual premises (21 days per calendar year)
- the scale of the event in terms of the maximum number of people attending at any one time (a maximum of 499).
If the limitations cannot be met a Premises Licence will be required.Further information is provided on limitations, premises user duties and the offences relating to an event for which a temporary event notice is in place.
Limits of occupancy
When holding the proposed event, the premises user would need to be able to restrict the number of people on the premises any any one time when licensable activities are taking place to less than 500. If more than 499 are on the premises when licensable activities are being carried on, the activities are unlawful and the premises user would be liable to prosecution. The maximum figure of 499 includes for example staff, organisers, stewards and performers.
The grant of a TEN does not relieve the premises user from any planning requirements.
Applying for a TEN
Please make sure you have read the relevant information regarding a Temporary Event Notice including the limitations, premises user duties and the offences.
Please see Applying for a Temporary Event Notice (TEN) or (LTEN).
Please note that the information above is not legal advice. Legislation and procedures may change over time and the advice given is based on the information available at the current time. It is not necessarily comprehensive and will be subject to revision in the event of further government guidance and regulations. This advice is not intended to be a definitive guide to or substitute for the relevant law.
W are happy to provide information but cannot give advice on individual applications. Please seek legal and professional advice.
For more information contact Licensing Services on 01634 337 107 or 01634 337 108 or contact Enforcement on 01634 337 112 or 01634 337 106 or by emailing email@example.com
Write to: Licensing Unit, Medway Council, Gun Wharf, Dock Road, Chatham, Kent ME4 4TR