The Licensing Act 2003 provides for a temporary event notice (a "TEN") to be given to permit any of the licensable activities to take place, subject to restrictions, at a particular location over a period not exceeding 96 hours. This replaces the previous complex system of temporary and occasional licences, permissions and orders.
What are Temporary Event Notices?
Temporary event notices (TENs) can be given to permit any or all of the following:
the sale of alcohol
the supply of alcohol to members of a registered club
entertainment which is defined as:
(a) a performance of a play;
(b) an exhibition of a film;
(c) an indoor sporting event;
(d) a boxing or wrestling entertainment;
(e) a performance of live music;
(f) any playing of recorded music;
(g) a performance of dance;
(h) entertainment of a similar description to that falling within paragraphs (e), (f) or (g), where the entertainment takes place in the presence of an audience and is provided for the purpose, or for purposes which include the purpose, of entertaining that audience;
(i) facilities for making music;
(j) facilities for dancing;
(k) entertainment of a similar description to that falling within paragraphs (i) or (j).
provision of late night refreshment - hot food or hot drink at any time after 23:00 or before 05:00
TENs are subject to limits on the number of such notices which can be given by an individual or for specific premises. A summary of the new law, issued by DCMS, appears on the right of this page.
TENs replace all the previous occasional or temporary licences or permissions and special orders of exemption (extensions of hours).
Can I use this information in other Councils' areas?
Please note that although the general information on these pages reflects the law in England and Wales, some aspects, especially the addresses for service of notices and the forms, only apply where the premises in question are in the Borough of Eastleigh - for other Local Authorities' areas, service should be on that local authority and the Police for that area and you should seek advice from the appropriate local authority as to where and how notices should be served.
What is the procedure?
Notice must be given in writing in the prescribed form (links to the forms and guidance appear on the right of this page) to the Borough Council (two copies, with the fee of £21.00) and to the Police (one copy), and will need to be received by the Borough Council and Police at the addresses below at least 10 clear working days before the event starts. The calculation of the required period of notice therefore excludes Saturdays, Sundays, Christmas Day, Good Friday, bank holidays, the day of service of the notice and the day (or first day) of the event. This period of notice is specified in law and neither the Borough Council nor the Police has discretion to accept a shorter period of notice in any circumstances. "Working day" is clearly defined in section 193 of the Licensing Act 2003.
For instance, in order to be valid, TENs for licensable activities would need to be received by the Borough Council licensing team and the Police licensing team by close of business as follows:
for Good Friday, 21st March 2008 or Easter Monday, 24th March 2008 - on or before Thursday 6th March 2008
for May Day Bank Holiday Monday 5th May 2008 - on or before Friday 18th April 2008
for Spring Bank Holiday Monday, 26th May 2008 - on or before Friday 9th May 2008
for August Bank Holiday Monday, 25th August 2008 - on or before Friday 8th August 2008
for Christmas Eve, Wednesday 24th December 2008 or Boxing Day, Friday 26th December 2008 - on or before Tuesday 9th December 2008
for New Year's Eve, Wednesday 31st December 2008 - on or before Friday 12th December 2008
If your TEN is for an event wholly or partly in the open air, please submit a scale plan clearly identifying the area to be used with your notice to the licensing team and the Police.
How can I serve my TEN?
Please note that service of TENs in person on both the Borough Council and the Police will only be possible during office hours, Monday to Friday. Please do not attempt to serve your TEN at other Borough Council or Police offices, as it will only be deemed to be received when it reaches the respective licensing teams. If the documents are posted to us, please ensure that the correct postage is prepaid - we are unable to accept post with outstanding charges. See the Royal Mail website for further information.
A longer period of notice will be advantageous, especially where there is a defect in the notice or if objection by the Police is likely, but notices too far in advance (more than six months) may be difficult for the Police to assess and might lead to objections that could otherwise be avoided.
Because of constraints within the legal provisions, neither the Police nor the Borough Council is able to accept such notices by e-mail or fax. TENs will be acknowledged by the Borough Council to the premises user.
What are the restrictions on TENs?
It is possible to give a TEN for any premises, including those which already have premises licences or club premises certificates. The TEN will need to state the dates and times when licensable activities are to take place.
The main restrictions on TENs are as follows:
The event may not have more than 499 people (including staff and organisers) attending at any one time.
An individual is limited to giving 5 TENs in one calendar year, unless they hold a personal licence for the sale of alcohol, in which case they can give no more than 50 TENs.
A limit of 12 TENs may be given in respect of any particular premises in a calendar year.
Each TEN may only authorise events for a continuous period of no more than 96 hours.
The maximum aggregate duration of the periods covered by TENs at any individual premises is 15 days in any one calendar year.
On receipt of a TEN, if the proposed event is not within these restrictions, a counter notice will be issued by the Borough Council and the event will not be authorised.
Points to consider
A TEN can temporarily add licensable activities which would otherwise need a variation of your premises licence or club premises certificate.
A TEN can temporarily extend the hours or types of activities permitted by an existing licence or certificate for an event at the premises - give the TEN for those hours between the normal cessation of licensed activities and the proposed finish time for that event.
A TEN can permit the licensable activities at unlicensed premises, for example, in a marquee for a concert or for the sale of alcohol in club premises to members of the public, at an event such as an open day.
Can anyone object?
Only the Police may object to a TEN, and only object on crime and disorder grounds. If they do object, notice of a hearing by the Borough Council's Licensing Panel will be given. The Panel can decide to uphold or dismiss the Police objection.
Where can I see what TENs have been given?
Please follow the link to the public registers page on the left.
What is the legislation?
The Licensing Act 2003 (Permitted Temporary Activities)(Notices) Regulations 2005 brought this part of the Licensing Act 2003 into effect on the 10th November 2005.
Do I need to do anything else to hold my event?
You should have notified the owner of the premises you are using that you are giving a TEN and obtained any necessary public liability insurance for your event.
Contact information
Email: liquor.licence@eastleigh.gov.uk
Telephone: 023 8083 3245
Fax: 023 8083 4061
Postal address:
Licensing Team
Eastleigh Borough Council
PO Box 1344
Southampton
SO15 1WQ
Document Exchange: DX 115710 Southampton 17
Personal callers:
Licensing Team
Southbrook Rise
4-8 Millbrook Road East
Southampton
SO15 1YG
Hampshire Constabulary
Postal Address:
6 OCU Licensing Team
Hampshire Constabulary
PO Box 263
Hythe
Southampton
SO45 6WY
Personal callers:
6 OCU Licensing Team
Hampshire Constabulary
Romsey Police Station
11 The Hundred
Romsey
SO51 8BZ
Opening hours:
Members of the Borough Council's licensing team will normally be available at Southbrook Rise to assist personal callers on weekdays between 09:00 and 12:00 and between 14:00 and 16:00. We may be available at other times by prior appointment.
Please note that the addresses and numbers given above should only be used for communication with the licensing team.
