Page Last Updated at : Thursday, May, 3, 2012

Temporary Event Notices

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 location over a period not exceeding 168 hours.

Details of service:

What are Temporary Event Notices?

Temporary event notices (TENs) are a system to allow the any or all of the licensable activities (sale or supply of alcohol, regulated entertainment and late night refreshment) at any place.

Please see the TEN Guidance Notes below for further information. Please note that there are errors in the notes accompanying the prescribed form of TEN which the Home Office has yet to rectify.

What is the procedure?

Notice must be given in writing in the prescribed form (see below) to the council (the licensing authority) (together with the fee of £21.00), and to the police and environmental health.
There are two types of TENs, "standard" and "late"

• Standard TENs must be received by the licensing authority, police and environmental health at the addresses in the guidance below at least 10 clear working days before the event starts.

• Late TENs must be received by the licensing authority, police and environmental health at the addresses in the guidance below no earlier than 9 working days and no later than 5 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 there is no 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, standard TENs would need to be received by the licensing team and the police by close of business as follows:

2012/13

• for Spring Bank Holiday Monday, 4th June 2012 and the Queen's Diamond Jubilee Bank Holiday, Tuesday 5th June 2012 - on or before Friday 18th May 2012

• for August Bank Holiday Monday, 27th August 2012 - on or before Friday 10th August 2012

• for Christmas Day, Tuesday 25th December 2012 or Boxing Day, Wednesday 26th December 2012 - on or before Monday 10th December 2012

• for New Year's Eve, Saturday 31st December 2012 - on or before Wednesday 12th December 2012

• for New Year's Day, Tuesday 1st January 2013 - on or before Thursday 13th December 2012

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, police and environmental health. The scale need not be 1:100, but it must clearly show the location and delineate the area intended to be used.

Are there restrictions on TENs?

The legislation restricts several important aspects of TENs; these include:

• No more than 499 people at any one time (including performers, staff etc.) may attend an event authorised by a TEN

• Each TEN may only last for maximum period of 168 hours

• No more than 12 TENs may be given in a calendar year for particular premises

• TENs may only authorise events at particular premises for a maximum of 21 days per calendar year

• There must be an interval of not less than 24 hours between TENs at particular premises

• The individual giving the TEN must be over 18

• An individual may not give more than 5 standard TENs in one calendar year, or no more than 2 late TENs

• If an individual holds a personal licence for the sale of alcohol, the limits are 50 standard TENs or 10 late TENs

On receipt of a TEN, if the proposed event is not within the restrictions, a counter notice will be issued and the event will not be authorised.

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.

How can I send my TEN?

Please note that service of TENs in person on the licensing authority, police and environmental health will only be possible during office hours, Monday to Friday. Please do not attempt to serve your TEN elsewhere, as it will only be deemed to be received when it reaches the licensing team and the other authorities. If the documents are posted, please ensure that the correct postage is prepaid - we are unable to accept post with outstanding charges. See the Royal Mail web site for further information.

A longer period of notice may assist, especially if there is a defect in the notice or if objection by the police or environmental health is likely, but notices too far in advance (more than six months) may be difficult for the police and environmental health to assess and might lead to objections that could otherwise be avoided.

TENs will be acknowledged by the licensing team to the person giving the TEN.

Who can object?

Only the police and environmental health may object to a TEN, and only on grounds related to one or more of the licensing objectives - crime and disorder, public safety, prevention of public nuisance or the protection of children from harm.
They have three working days to do so after the service of the TEN on them (see the definition of "working days" above). If there is an objection to a standard TEN, notice of a hearing by the council's Licensing Panel will be given. The Panel can decide to uphold or dismiss the objection and can impose conditions.

If an objection is made to a late TEN, a counter notice must be issued and the late TEN will be of no effect. There is no right to a hearing by the Licensing Panel or an appeal.

Is there a right of appeal?

If the licensing authority decides to issue a counter notice in relation to a standard TEN, a premises user can appeal against the decision. Equally, if the licensing authority decides not to issue an objection notice in relation to a standard TEN the police or environmental health can appeal the decision. Appeals must be made to the local Magistrates' court within 21 days. An appeal may not be brought later than five working days before the day of the planned event.

Where can I see what TENs have been given?

Please follow the link to the public registers page on the left.

Further information

Please see the Temporary Event Notice guidance below

Diamond Jubilee Licensing Hours

The Licensing Act 2003 (Diamond Jubilee Licensing Hours) Order 2012 extends licensed premises' opening hours (so far as this is not already the case) for the following periods:

from 23:00 on Friday 1st June until 01:00 on Saturday 2nd June 2012; and

from 23:00 on Saturday 2nd June until 01:00 on Sunday 3rd June 2012;

for the sale of alcohol for consumption on the premises and the provision of regulated entertainment and late night refreshment by licensed premises in England and Wales.

Please note that Order only applies to Premises Licences and Club Premises Certificates which currently authorise licensable activities to be carried on up to or after 23:00 on each of those days and only the licensable activities already authorised by the licence or certificate may be extended.

The Order does not add any regulated entertainment where this is not permitted at 23:00 by the licence or certificate. These provisions are similar to those made for the Royal wedding in 2011, and are restricted to premises making 'on sales' of alcohol. The provision of late night refreshment at the specified times is only if the premises may also be used for the sale or supply of alcohol for consumption on the premises. Takeaways and off licences are therefore excluded.

Contact the Licensing Team

Email: liquor.licence@eastleigh.gov.uk
Telephone: 023 8083 3002 (option 4, then option 1)
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

Opening hours:

Members of the 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