Recent government deregulation has increased the number of Temporary Event Notices (“TEN”) that can be granted for premises in a calendar year from 12 to 15. A Temporary Event Notice can be used for premises which do not have a licence (e.g. a village hall or a marquee in a private garden) where it is intended for licensable activities to be carried out (most commonly the sale of alcohol). The process can also be used for premises which have a Premises Licence but where the activities proposed are not permitted under that licence (for example a public house seeking late opening or permission for a live band on a one off basis).
This article seeks to act as a reminder of some of the basics for temporary event notices.
Key Points
· The applicant must be an individual. If that individual holds a personal licence then they can apply for up to 50 TENs per year assuming different premises are used so as not to exceed the maximum above. An individual without a personal licence may only apply for a maximum of 5.
· There must be at least 24 hours between each event covered by a TEN where the applicants are related persons.
· The event must have less than 500 people attending (including staff).
· The maximum length for a TEN is 7 days.
· Minimum age for application for a TEN is 18.
· The Council can only reject an application for a TEN if the Environmental Health Department or the police object. This can lead to a hearing. They each have 3 working days to object from receipt.
· Generally a TEN must be applied for a minimum of 10 working days before an event. Late applications are possible but the procedure is tighter.
The change in the law serves as a good time for a reminder of the rules governing TENs. We would recommend that before an event is planned/advertised consideration is given to how long the event will be, what the history of the premises is for the preceding year, who will apply and what activities are to be undertaken.
We would strongly recommend seeking legal assistance in making any application for a TEN.
For any queries in relation to matters relating to Licensed Properties including property matters and licensing queries please speak to James Dunn (Partner and Commercial Property Solicitor) on (01756) 793333 or email james.dunn@awbclaw.co.uk
James Dunn
Partner and Commercial Property Solicitor
Tel: 01756 799999
Email: james.dunn@awbclaw.co.uk
