Temporary Event Notice FAQs
The following information is intended as a guide to the main provisions of the legislation.
Applicants should take their own professional and legal advice where appropriate.
Temporary Event Notice (TEN) Overview
A Temporary Event Notice, or TEN, is required before carrying out licensable activity on unlicensed premises, or when the activity is outside the scope of an existing licence
The Government introduced Temporary Event Notices to make provision for small-scale one-off events, or situations where Premises Licences do not meet the needs of a particular function on a particular night.
The events do not have to be special. If a notice is properly served on the licensing authority, and no counter notice is issued, a licensable activity becomes a permitted temporary activity under the TEN.
No further permission or authorisation is necessary. The Licensing Authority simply has to acknowledge the notice by signing it and sending it back to the applicant.
Important amendments to Temporary Event Notices for 2022 and 2023
The Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021 (The Regulations) have amended the limits prescribed by the Licensing Act to increase the allowance for temporary event notices from 15 to 20 and increase the maximum number of days on which temporary events may be held from 21 to 26. This increase only applies in the years 2022 and 2023.
It is a notice 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.
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 one time.
The licensable activities which may be authorised are:
- The sale by retail of alcohol - this could be by way of a pay bar, a glass of wine included within the ticket price, or by asking for a donation.
- Extension of hours or specifying a licensed activity which is not currently included on an existing premises licence.
- The provision of hot food and hot drinks between 23:00 and 05:00.
The provision of regulated entertainment, which include plays, films, indoor sporting events, boxing/wrestling, live music, recorded music, or performance of dance.
The event period itself can last for a maximum seven days (168 hours). This is the time during which licensable activities may take place, but they do not have to take place during the whole of that seven-day period, and some activities may take place at different times to others.
No more than 499 people, including staff and performers may attend the event at any one time. If there are 500 people or more, it will be necessary for a Premises Licence to be obtained, even if it is for a one-off event.
The same premises cannot be used under a TEN on more than 20 occasions in a calendar year, for the years 2022 and 2023 (normally 15).
Two different rooms in the same building could be used as two separate premises – allowing 40 events for 2022 and 2023 (normally 30).
There must be at least 24 hours between each event at any one premises where the “user” of the TEN is the same person or “connected” person.
Yes. Although each TEN can last for a period of up to 7 days, no more than 26 can be covered for the premises in question within a calendar year. If an event starts on one day and finishes the next morning this is two days out of the limit of 26 for the years 2022 and 2023 (normally 21).
No. Only an individual can apply for a TEN.
If you hold a Personal Licence, you can give up to 50 TENS per calendar year, assuming that you use different premises from time to time.
Yes, however you will be limited to five TENs per calendar year.
An individual must be aged 18 or over to give a Temporary Event Notice.
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 Department.
If the notice is given online, then a copy will automatically be given to the Police and Environmental Health by the Licensing Authority.
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 (being less than 500) 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.
Two. A Standard TEN and a Late TEN.
A Standard TEN must be given no later than 10 working days before the event to which it relates. This does not include the day it was given to the Licensing Authority or the day of the event.
If you have left it late to submit a Standard Ten, then you can submit a Late TEN.
Up to 5 (clear) working days before the event, not including the day of submission or the day of the event.
Yes. 10 late notices for personal licence holders and 2 for non-personal licence holders.
If either the police or environmental protection object to an event, then it will not go ahead, and a counter notice will be issued.
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 gave the Licensing Authority notice of the event).
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.
No. The “premises user” is the individual who must give the Temporary Event Notice.
Yes. At any time before a hearing is held, the premise user may modify the TEN to meet to concerns of the Chief of Police of the Environmental Health Officer
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.
The fee is not refundable if the notice is withdrawn or cancelled, is made too late or a statutory limit is exceeded.
As the TEN was not withdrawn this will count towards your limit of TENS allowed in a given calendar year.
Only the Police and the Environmental Health Department. However, a licensing authority may issue a counter notice if the limits on the TEN’s will be exceeded.
The Chief Officer of Police or the Environmental Health Department must be satisfied that allowing the premises to be used in accordance with the notice would undermine the licensing objectives and must give an objection notice explaining the reasons why.
How long do the Police or the Environmental Health Department have to object to a Temporary Event Notice?
Three (3) working days from when they are given the notice, based on any of the four licensing objectives.
What is the procedure once the Police or Environmental Health Department object to a Standard Temporary Event Notice?
The licensing authority must hold a hearing to consider the objection notice, unless the premises user, the Chief Officer of Police or the Environmental Health Department who gave the objection notice and the licensing authority agree that a hearing is unnecessary.
At the hearing if the licensing authority considers it necessary for the promotion of the licensing objectives the licensing authority may give the premises user a counter notice, stating the reasons for its decision and copying it to the relevant Chief Officer of Police and Environmental Health Officer. The effect of the counter notice is to stop the event from taking place.
Where the licensing authority decides not to give a counter notice, it must give the premises user, the relevant Chief Officer of Police and the Environmental Health Officer notice of this decision and the event can take place as notified.
The 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.
What is the procedure once the Police or the Environmental Health Department object to a Late Temporary Event Notice?
The licensing authority will issue a counter notice which means that the event is NOT authorised, and the decision cannot be appealed against.
Can the Temporary Event Notice be modified if the Police or the Environmental Health Department object?
Yes. At any time before a hearing is held, the Chief Officer of Police or the Environmental Health Officer may, with the agreement of the premises user, modify the TEN to meet their concerns
No. If an objection is received, the event cannot go ahead
The 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
They also have the power to close down instantly for up to 24 hours, premises 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 does the Licensing Authority 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.
The premises user must either
- ensure that a copy of the TEN is prominently displayed at the premises being used for the permitted temporary activity
- ensure that the TEN is kept at the premises in his custody, or
- ensure 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, ensure that a notice specifying this fact and the position held at the premises by that person is prominently displayed at the premises).
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.
A TEN is not required for:
- Films for the purposes of advertisement, information, or education.
- Film exhibitions in museums and art galleries.
- Music incidental to certain other unlicensed activities, for example a music round at a quiz night, or background music at a Christmas grotto.
- The showing of television or radio broadcasts
- Any entertainment that is for the purposes of a religious meeting/service, or at a place of public religious worship.
- Morris dancing
- Unamplified live music at any place between 8am and 11pm provided the audience is no more than 500 people. eg: Acoustic music would be classified as unamplified music.
- Amplified live music at a workplace between 8am and 11pm hours and provided the audience is no more than 500 people – NOTE: A workplace can mean an unlicensed part of a premises, such as a beer garden, where staff work during the normal course of their duties.
- a performance of a play or a performance of dance if it takes place between 8AM and 11PM; and the audience is no more than 500 people.
This counts as 2 days.
You can give away alcohol, but you cannot ask for a donation.
I am not selling alcohol at my event, but the price of the ticket includes a “free” alcoholic drink. Do I need a TEN?
Yes, you will need a TEN as the alcohol is not “free” and the business will be benefiting from the ticket sales.
I am selling alcohol at a festival site, which already holds a premises licence authorising the sale of alcohol. Do I need a Temporary Event Notice to sell my alcohol?
No, as you will be selling under the provisions of the premises licence. However, confirm this with the premises licence holder.
Yes, as you are selling alcohol.
I am having a wedding function at my pub but licensable activities will be going on longer than my premises licence allows. Do I need a TEN?
I am putting up a marquee in my beer garden, which is not covered by my premises licence. As I will be selling alcohol from the marquee, do I need a TEN?
A TEN given by an "associate" of yours or a person in business with you counts towards the 50 maximum that will be allowed
a) the spouse of that person;
b) a child, parent, grandchild, grandparent, brother or sister of that person;
c) an agent or employee of that person; or
d) the spouse of a person within (b) or (c).
So, any TEN given by your partner will count towards your 50 TENS for the year.
Yes, you will need a TEN to cover licensable activities.
No. Your TEN only covers you for a specified location, eg: a festival site, a community fete, etc