TENs are intended for one-off, ad hoc events, where alcohol is to be supplied, such as village fetes, parties, weddings, festivals and music events.
Licensable activities are:
- The sale of alcohol by retail
- The supply of alcohol by or on behalf of a club to, or to the order of, a member of a club
- The provision of regulated entertainment
- The provision of late night refreshment (i.e. the provision of hot food or drink for consumption on or off premises between 11pm and 5am.)
Criteria for TENs
- The premises user must be over 18 years old (the person giving the TEN is known as the premise user)
- Personal licence holders may give up to 50 notices per year
- Non personal licence holders may only give up to five notices per year
- Each event may last no more than 168 hours 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 for greater than 21 days per calendar year in total
- No more than 499 persons attending the event
Provided that the criteria set out above are met, only the police and environmental health may intervene to prevent an event covered by a TEN notice taking place or agree a modification of the arrangements for such an event, these must relate to the licensing objectives that are: The prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.
Procedure for giving a Temporary Event Notice
Under the Act the premises user will be required to provide the Licensing section and Environmental Health department at Newark and Sherwood District Council and the Chief Officer of police, with a notice at least ten working days prior to the event’s starting date (not including the day the application is received and the day of the event).
While we recognise that a Temporary Event Notice may be served (up to) ten clear working days prior to a permitted temporary activity, the guidance issued under the act encouraged the publication locally of a preferred notice period. There is a case for not serving such Notices too early as this could make it difficult for a sensible assessment to be made of the implementations of such an event on the crime and disorder objective. The council considers that a reasonable period of notice for the service of a Temporary Event Notice is 28 days.
The notice will include:
- The licensable activities that will take place
- The period during which it is proposed to use the premises for those activities
- The times during the event period when licensable activities are to take place
- The maximum number of persons to be allowed on the premises at any one time (not exceeding 499)
- If the supply of alcohol is involved, whether the supplies will be for consumption on or off the premises or both
- Where the licensable activities include the supply of alcohol, the condition that all such supplies are made by or under the authority of the premises user
We will either acknowledge receipt of the notice or, in consideration of any police objection, provide a counter notice saying that the event cannot go ahead, within 48 hours of receipt of the application.
Police and Environmental objections
If the police/environmental health believe that allowing the event will undermine the licensing objectives, they must, no later than 48 hours after being given a copy of the TEN, give the premises user and us an objection notice.
The police with the agreement of the premises user can modify the TEN in which case the counter notice issued by us will be withdrawn.
Otherwise the District Council must hold a hearing to consider the notice at least 24 hrs before the event
Legislation has changed to allow the use of late Temporary Event Notices. This allows the premise user to apply for Temporary Event Notice up to between 9 and 5 clear working days before the event. If an objection is received from the Police or Environmental Health based on the four licensing objectives, unlike a standard Temporary Event Notice when a hearing would take place, a late Temporary Event notice would be rejected and the event would not go ahead.
Discussions prior to submitting a TEN
Where it is proposed to hold a major event, organisers are asked to contact us at an early stage before a formal notice is made. This will enable the police to consider and discuss with organisers their operating schedule and avoid potential objections and hold ups.
The giving of a temporary event notice does not relieve the premises user from any requirements under planning law for appropriate planning permission where it is required
It is unlawful to allow any unaccompanied child under the age of 16 to be present on premises where the TEN is exclusively or primarily used for supply and consumption of alcohol.
It will also be unlawful to permit children under 16 not accompanied by an adult between midnight and 5 a.m. into any premises operating under a TEN supplying alcohol for consumption.
The police have the power to close down events with no notice on grounds of disorder, the likelihood of disorder or because of public nuisance caused by noise coming from the premises.
TENs for premises that already hold a Premises Licence
TENs can be given for premises that already hold a Premises Licence or a Club Premises Certificate. For example to use a pub for an event involving regulated entertainment such as for a wedding, where the premises licence does not authorise such a provision of regulated entertainment. Also it could be used where the premises wants to stay open later than is specified on their Premises Licence for a particular event.