Temporary event notice guidance

A Temporary Event Notice (TEN) may be required for the following activities:

• To sell alcohol by retail
• To supply alcohol to a club member, or to sell alcohol to a guest of a club member in the case of a qualifying club
• To provide regulated entertainment
• To sell hot food or drink between 11.00pm and 5.00am for consumption on or off the premises

A Temporary Event Notice (TEN) is a notification given by an individual to the Licensing Authority where it is proposed to use premises for one or more licensable activities during a period not exceeding 168 hours.

A TEN can be used to:

• Authorise a licensed activity at a premises not currently licensed - e.g. selling alcohol at a school fete
• Temporarily extend the hours for providing a licensed activity at an existing licensed premises
• Provide licensable activities not authorised by the existing licence

The person giving the Temporary Event Notice is known as the premises user.

• The premises user must be over 18 years old
• Personal Licence holders may give up to 50 notices per year (see below)
• Non Personal Licence holders may only give up to 5 notices per year
• Each event may last no more than 168 hours (7 days) and there must be at least 24 hours between events
• No premises may be used more than 15 times per calendar year
• No premises may be used on more than 21 days per calendar year
• No more than 499 persons can attend the event

A TEN is treated as being from the same premises user if it is given by an associate. The Act defines an associate as being a spouse, child, parent, grandchild, grandparent, brother or sister, or their spouses, or agent or employee of that person or their spouse.

The TEN must be given to the licensing authority in the form prescribed in regulations made under the 2003 Act. Unless it is sent electronically, it must be sent to the relevant licensing authority, to the police and local authority exercising environmental health functions at least ten working days before the event (although a premises user may give a limited number of ‘late’ TENs).

We encourage premises users to give notice earlier than the ten working days limit to ensure there are no delays.

The Licensing Authority will either acknowledge receipt of the notice or, in consideration of any police or environmental health objection, will refer the matter to its Licensing Sub Committee for consideration.

If you are not applying online, copies of the TEN must be sent to:

• Licensing, Mid Devon District Council, Phoenix House, Phoenix Lane, Tiverton EX16 6PP
• Environmental Health, Mid Devon District Council, Phoenix House, Phoenix Lane, Tiverton EX16 6PP
• Licensing Department, Devon & Cornwall Constabulary, Launceston Police Station, Moorland Road, Launceston, PL15 7HY

There are two types of TEN; a standard TEN and late TEN. These are subject to different processes:

• a standard notice is given no later than 10 working days before the event to which it relates
• a late notice is given not before 9 and not later than 5 working days before the event

Please note: the "working days" notice period does not include the day on which the event is to start, and does not include the day on which the notice is given.

A Notice that is given less than 10 working days before the event to which it relates, when the premises user has already given the permitted number of late TENs in that calendar year, will be returned void and the activities described in it will not be authorised.

The police and local authority exercising environmental health functions have a period of three working days from when they are given the notice to object to it on the basis of any of the four licensing objectives.

Late TENs are intended to be used by premises users who are required for reasons outside their control to, for example, change the venue at short notice.

As for a standard TEN, the police and local authority exercising environmental health functions have a period of three working days from when they are given the notice to object to it on the basis of any of the four licensing objectives. If there is an objection from either the police or local authority exercising environmental health functions, the event will not go ahead. In these circumstances there is no scope for a hearing.

Late TENs can be given up to five working days but no earlier than nine working days before the event is scheduled and, unless given electronically to the licensing authority, must also be sent by the premises user to the police and local authority exercising environmental health functions. A late TEN given less than five days before the event to which it relates will be returned as void and the activities to which it relates will not be authorised.

The number of late TENs that can be given in a calendar year is limited to ten for personal licence holders and two for non-personal licence holders. Late TENs count towards the total number of TENs (for example, the limit of five TENs per year for non-personal licence holders and 50 TENs for personal licence holders). 5

Once these limits have been reached, the licensing authority should issue a counter notice (permitted limits) if any more are given.

If the licensing authority receives an objection notice from the police or local authority exercising environmental health functions that is not withdrawn, it must (in the case of a standard TEN) hold a hearing to consider the objection (unless all parties agree that a hearing is unnecessary).

The licensing committee may decide to allow the licensable activities to go ahead as stated in the notice. If the notice is in connection with licensable activities at licensed premises, the licensing authority may also impose one or more of the existing licence conditions on the TEN (insofar as such conditions are not inconsistent with the event) if it considers that this is appropriate for the promotion of the licensing objectives. If the authority decides to impose conditions, it must give notice to the premises user which includes a statement of conditions (a "notice (statement of conditions)"), and provide a copy to each relevant party. Alternatively, the licensing committee may decide that the event would undermine the licensing objectives and should not take place. In this case the licensing authority must give a counter notice.

If there are no objections, the event can go ahead.