Licence - temporary event licence

The Licensing Act 2003 ("the Act") will introduce a light touch system for ad hoc, permitted temporary activities. A temporary event notice (TEN) is given by an individual (a premises user) and authorises the premises user to conduct one or more licensable activities at premises for no more than 168 hours (7 days). TENs can be used to authorise relatively small-scale ad hoc events held in or on any premises involving less than 500 people at any time subject to certain restrictions. Standard TENs must be served at least 10 working days prior to the event. Since April 2012 late TENs can be served no later than 5 working days and no earlier than 9 working days. 

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What restrictions are imposed on the use of Temporary Event Notices by the 2003 Act?

 The limitations directly imposed on the use of TENs by the 2003 Act are:   The number of times the ‘premises user’ may give a TEN (50 times a year for a personal licence holder and 5 times per year for a non personal licence holder); The number of times the 'premises user' may give a late TEN (10 times a year for a personal licence holder and 2 times for a non personal licence holder); The number of times a TEN may be given in respect of any particular premises (15 times in a calendar year) but subject to a maximum aggregate duration of the periods covered by TENs at any individual premises (21 days);   The length of time a temporary event may last (168 hours); and  The scale of the event in terms of the maximum number of people attending at any one time (max of 499).  

Is there an age restriction to give a temporary event notice?

An individual must be aged 18 or over to give a temporary event notice.  

Who should the temporary event notice be given to?

The premises user must give the TEN to the licensing authority in which the premises is situated and copy it to the police and environmental health.

1. Licensing Department and Environmental Health Allerdale Borough Council Allerdale House Workington CA14 3YJ
2.  Chief of Police Cumbria Constabulary West Cumbria H.Q. Hall Brow Workington Cumbria CA14 4EH  

Should licensing authorities and police acknowledge receipt of a temporary event notice?

The licensing authority is required to issue acknowledgement of the temporary event notice. No acknowledgement is required by the Act from the police or environmental health.  

When should the temporary event notice be given?

For a standard TEN, the premises user must, no later than 10 working days before the day on which the event is to start, give the TEN to the relevant licensing authority, together with the prescribed fee. A copy of the notice must also be given to the relevant chief officer of police and environmental health no later than 10 working days before the day on which the event is to start. Please remember to not to count bank/public holidays/weekends within the 10 days.

What information should be included in the temporary event notice?

The TEN must be in the prescribed form. It must state: The licensable activities to take place during the event   The period (not exceeding 168 hours) during which it is proposed to use the premises for licensable activities The times during the event period that the premises user proposes that the licensable activities shall take place The maximum number of persons (max of 499) which it is proposed should, during those times, be allowed on the premises at the same time Where the licensable activities include the supply of alcohol, whether the supplies are proposed to be for consumption on the premises or off the premises or both; and Any other matters prescribed by the Secretary of State.  

Are there extra restrictions when a temporary event notice includes the supply of alcohol?
Where the relevant licensable activities include the supply of alcohol, the notice must make it a condition of using the premises for such supplies, that all such supplies are made by or under the authority of the premises user (i.e. the person who applied for the TEN).   

Can a person give more than one temporary event notice at the same time? 
Yes. There is nothing to prevent simultaneous notification of multiple events at a single time provided the restrictions on the use of TEN’s are observed.  

Can you give a Temporary Event Notice on behalf of someone else?   
No. The ‘premises user’ is the individual who must give the temporary event notice. 

How many temporary event notices can each person give?  
A personal licence holder will be able to give a standard TEN in relation to licensable activities up to 50 occasions in each year, the limit is 5 occasions in each year if that person does not hold a personal licence. A late TEN is limited to 10 occasions for a personal licence holder and 2 if not. All are subject to the limitation of 12 TENs in respect of the same premises.  

Can a temporary event notice be withdrawn?  
Yes. A temporary event notice may be withdrawn by the ‘premises user’ giving the licensing authority a notice to that effect no later than 24 hours before the beginning of the event period specified in the temporary event notice.  

Who can object to a temporary event notice?  
The police and environmental health may intervene to prevent an event covered by a TEN taking place or agree a modification of the arrangements for such an event or require conditions to be imposed based on any of the four licensing objectives. However a licensing authority may issue a counter notice if the limits on TEN’s will be exceeded.  

What reasons can be given for the objection of a temporary event notice?  
The police or environmental health has to be satisfied that allowing the premises to be used in accordance with the notice would undermine any/all of the licensing objectives and must give an objection notice explaining the reasons why. They can request that conditions already on a premises licence/club premises certificate for that premises can be imposed on a standard TEN to promote the licensing objectives depending on the proposed event.   

How long do police or environmental health have to object to a temporary event notice?  
The objection notice must be given no later than 3 working days following receipt of the notice. Objections to a late TEN have the effect of the event not going ahead as there is no scope for a hearing.  

What is the procedure once the police/environmental health object to a temporary event notice?  
The relevant licensing authority must hold a hearing to consider the objection notice, unless the premises user, the chief officer of police/environmental health who gave the objection notice and the licensing authority agree that a hearing is unnecessary.   If it considers it necessary for the promotion of the four licensing objectives the licensing authority may give the premises user a counter notice, stating the reasons for it’s decision.   

How long does the licensing authority have to give its decision on a hearing?  
The relevant licensing authority must make its decision and issue a notice no later than 24 hours before the beginning of the event period specified in the TEN.    

Can the temporary event notice be modified if there are objections?  
Yes. At any time before a hearing is held, the chief officer of police/environmental health may, with the agreement of the premises user, modify the TEN to meet their concerns.  

What is the procedure once the notice has been modified?  
Once the TEN has been modified the licensing authority will be sent or delivered a copy of the modified notice by the police/environmental health.  

What powers do the police have to stop a temporary event once it has started?  
Police have the power to seek court orders to close premises for up to 24 hours in a geographical area that is experiencing or likely to experience disorder. Police also have the power to close down instantly for up to 24 hours, premises in respect of which a temporary event notice has effect, that are disorderly, likely to become disorderly or are causing nuisance as a result of noise from the premises. Such orders may only be made where it is necessary in the interest of public safety in cases of disorder or to prevent nuisance in the case of noise coming from the premises.  

What powers do licensing authorities have to stop a permitted temporary event once it has started?   
Licensing authorities have no power under the Licensing Act 2003 to stop permitted temporary events once they have started. A local authority may have powers under other legislation for e.g. to deal with a statutory nuisance.

Does the premises user have to display the temporary event notice at the event?  
The premises user must either: secure that a copy of the TEN is prominently displayed at the premises being used for the permitted temporary activity secure that the TEN is kept at the premises in his custody, or secure that the TEN is kept at the premises in his custody, or secure that the TEN is kept at the premises in the custody of a person who is present and working at the premises and whom he has nominated for this purpose (and if this is the case, secure that a notice specifying this fact and the position held at the premises by that person is prominently displayed at the premises)  

What happens if a premises user loses the temporary event notice? 
Where a TEN is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority for a copy of the notice. No application may be made more than a month after the end of the event period specified in the notice. Any application must be accompanied by the prescribed fee.  

What are the licensing objectives?

  • Prevention of Crime and Disorder;
  • Public Safety;
  • Prevention of public nuisance; and the
  • Protection of children from harm

Who can you speak to for advice on promoting the licensing objectives?

Advice on promoting the objectives is available in our Statement of Licensing Policy or from guidance available on our website.  Advice on each of the licensing objectives is also available from the responsible authorities who will be assessing your application.
When you are making a variation to your existing licence(s) – new activities, new operating hours etc. – then your application will be subject to representations from all of the "responsible authorities" and "interested parties".
As well as looking carefully at what measures you intend to put in place to promote the licensing objectives; responsible authorities will be a very useful contact when you need help and expert guidance to fill out this part of your form.
Cumbria Police (for matters concerning preventing crime and disorder) Tel: 101
Cumbria Fire and Rescue Service (for matters concerning public safety) Tel: 01900 706055
Environmental Health (for matters concerning prevention of public nuisance and promotion of health and safety) Tel: 01900 702580
Planning Department (for matters concerning public safety and preventing public nuisance) Tel: 01900 702748/9
North – Wigton, Thursby, Maryport District  Tel:  01900 702748
South – Workington, Cockermouth District Tel:  01900 702749  (or LDNPA (01539 724555) as appropriate according to the planning authority for your premises)
Health & Safety executive (for matters concerning public safety)  Tel: 01228 634100
Social Services (for matters concerning protecting children from harm) Tel: 01228 226877
Trading Standards (for matters relating to under age drinking etc.) Tel: 01539 713594
Marine Agency – only if the premises is located on water, i.e. a boat
The following guidance documents are available to applicants from the Council’s Licensing Office on request:-
  • Cumbria Police – Guidance for applicants
  • Cumbria Fire and Rescue Service – Guidance for applicants
  • Licensed Property: Noise Control – Publication of the British Beer and Pub Association
  • An Introduction to Health and Safety – Publication of the Health and Safety Executive
We would also recommend that you speak to "interested parties", that is local residents/local businesses to get their input on what you are planning to do and how you plan to promote the licensing objectives. In this way you can look to tackle any of their concerns in your operating schedule.
Providing an application is properly made and no relevant representations are made, the Local Authority must grant a licence subject only to conditions as are consistent with the Operating Schedule accompanying the application e.g. opening hours and any condition which must be included in the licence which are:  
That no sale of alcohol can be made under the Premises Licence when there is no Designated Premises Supervisor or when the Designated Premises Supervisor does not hold a Personal Licence or their Personal Licence has been suspended
Any person at the premises carrying out a security activity must be licensed with the Security Industry Authority
Where a Premises Licence authorises the exhibition of films the premises licensee must secure that the admission of children to films is restricted in accordance with recommendations given by the British Board of Film Classification or by the Local Authority

Downloadable Documents

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