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Temporary Event Notice (TEN)

The Licensing Act 2003 allows individuals to carry out licensable activities (eg sale or supply of alcohol, regulated entertainment or late night refreshment) on a temporary basis.

 

Vale-of-Glamorgan-Council-logo

Department: 

Licensing Team, Vale of Glamorgan Council, Civic Office, Holton Road, Barry, CF63 4RU

TENs can be used for alcohol and entertainment and late night refreshment purposes.

  

Please Note: There have been recent changes to regulated entertainment and what needs to be licensed. Therefore please contact the Licensing Authority in the first instance if you are having regulated entertainment only to ensure a TEN is relevant for your event. You will need a TEN in any circumstance when applying for the sale of alcohol.

 

 

Application Process

The premises user must send:

  • at least one copy of the temporary event notice (TEN) with the relevant fee to the licensing authority 
  • one copy to the Chief Officer of Police
  • one copy to the Environmental Health Team

A standard TEN must be given at least ten clear working days before the event. A late TEN must be given between 9 and 5 working days before the event. These days do not include the day of the event or the day the authority receives the application.  

 

You must be 18 years or older to give a TEN and can give a maximum of five TENs per year (2 of which can be "late"). If you are a personal licence holder, you can give a maximum of 50 TENs per year (10 of which can be "late").

 

Your event must involve no more than 499 people at any one time and last no more than 168 hours (7 days) with a minimum of 24 hours between events. A premises can only have no more than 15 events per calendar year.

 

A working day is classed as any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day, which is a bank holiday in England and Wales.

 

If applying online via UK Welcomes or through Flexible Support for Business the Vale of Glamorgan Council is responsible for sending the relevant copy to the Chief Officer of Police and Environmental Health Team.

 

A late TEN given less than five days before the event to which it relates will be returned as void and the activities to which it relates will not be authorised.

 

You are advised that by serving a late TEN you run the risk that your event may not be able to take place should the licensing authority receive an objection notice to a late TEN. The Licensing Authority are required to serve a counter notice no later than 24 hours before the event and the event will not then be permitted.

  • Objections

    The police and environmental health team objection notice must be given before the end of the third working day following the day they received the temporary event notice. They can object to the temporary event notice on the basis of any of the four licensing objectives.

     

    If there is an objection from either the police or environmental health team to a late TEN, the event will not go ahead. In these circumstances there is no scope for a hearing or the application of existing conditions.

     

    Such cases might arise because of concerns about the scale, location, timing of the event or concerns about public nuisance. However, in most cases, where (for example) alcohol is supplied away from licensed premises at a temporary bar under the control of a personal licence holder, (for example, at weddings or small social or sporting events) this should not give rise to the use of these powers.

     

    Each of the police and environmental health team (as an authorised person) have the right under sections 109(5) and (6) of the 2003 Act to request the premises user to produce the TEN for examination. If the police do not intervene when a TEN is given, they will still be able to rely on their powers of closure under Part 8 of the 2003 Act should disorder or noise nuisance be expected or arise.

     

    If the police or environmental health team believe that allowing the premises to be used in accordance with the TEN will undermine the licensing objectives, they must give the premises user and the licensing authority an objection notice.

     

    The police or local authority exercising environmental health functions may contact the premises user to discuss their objections and try to come to an agreement which will allow the proposed licensable activities to proceed. The TEN can be modified. If there is no agreement, the licensing authority must hold a hearing to consider the notice.

     
  • Counter Notice

    Where permitted limits are exceeded the Licensing Authority will reject the application by issuing a Counter Notice to the premises user, a copy of which will also be sent to the Chief Officer of Police.

     

    Where a standard TEN was given, the licensing authority must consider any objection at a hearing before a counter notice can be issued.

  • Committee Hearing

    If the licensing authority receives an objection notice from the police or environmental health team that is not withdrawn, it must (in the case of a standard TEN only) hold a hearing to consider the objection (unless all parties agree that this is unnecessary).

     

    The licensing committee may decide to allow the licensable activities to go ahead as stated in the notice. If the notice is in connection with licensable activities at licensed premises, the licensing authority may also impose one or more of the existing licence conditions on the TEN (insofar as such conditions are not inconsistent with the event) if it considers that this is appropriate for the promotion of the licensing objectives.

     

    If the authority decides to impose conditions, it must give notice to the premises user which includes a statement of conditions (a "notice (statement of conditions)"), and provide a copy to each relevant party.

     

    Alternatively, it can decide that the event would undermine the licensing objectives and should not take place. In this case, the licensing authority must give a counter notice.

  • Modification of notice following objection
    At any time before a hearing is held or dispensed with, the Chief Officer of Police and/or Environmental Health Team may, with the agreement of the premises user, modify the temporary event notice by making changes to the notice returned to the premises user. The objection notice is therefore withdrawn from the time the temporary event notice is modified. 
  • Replacement Temporary Event Notice
    Where a temporary event notice acknowledged under section 102 is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority which acknowledged the notice (or, if there is more than one such authority, any of them) for a copy of the notice.

     

    No application may be made under this section more than one month after the end of the event period specified in the notice.

     

    The application must be accompanied by the £10.50 fee.

     

    Where a licensing authority receives an application under this section, it must issue the premises user with a copy of the notice (certified by the authority to be a true copy) if it is satisfied that—

     

    (a) the notice has been lost, stolen, damaged or destroyed, and

    (b) where it has been lost or stolen, the premises user has reported that loss or theft to the police.

     

    The copy issued under section 110 must be a copy of the notice in the form it existed immediately before it was lost, stolen, damaged or destroyed.

     

    The Licensing Act applies in relation to a copy issued under section 110 as it applies in relation to an original notice.

 

 

Tacit Consent

Yes. This means that you will be able to act as though your licence is granted if you have not heard from the local authority by the end of the target completion period.

 

The target time is 24 hours.

 

Background and Eligibility Criteria

Applicants must be over 18 years of age to submit a Temporary Event Notice (TEN).

 

A person responsible for a temporary event may only give a set number of temporary event notices:

  • 50 times per calendar year for a personal licence holder
  • 5 times per calendar year for a non personal licence holder

The same premises cannot be used on more than 15 occasions in any calendar year, and are subject to the overall aggregate of 21 days, irrespective of the number of occasions on which they have been used.

 

A standard TEN must be given at least ten clear working days before the event. These days do not include the day of the event or the day the authority receives the application.  The Licensing Authority would prefer to receive applications 21 days in advance of the event but no earlier than 6 months.

 

A late TEN must be given between 9 and 5 clear working days before the event.  These days do not include the day of the event or the day the authority receives the application.  

 

The maximum length of time a temporary event may last must not exceed 168 hours (7 days).

 

There must be a minimum of 24 hours between events at the same premises.

 

The maximum number of people attending at any one time must not exceed 499.

In any other circumstances, a premises licence or club premises certificate would be required for the period of the event involved.

  

Conditions

  •  Withdrawal of notice
    (1) A temporary event notice may be withdrawn by the premises user giving the relevant 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. 
  • Duty to keep and produce temporary event notice

    (1) This section applies whenever premises are being used for one or more licensable activities which are or are purported to be permitted temporary activities by virtue of this Part.

     

    (2) The premises user must either—

    (a) secure that a copy of the temporary event notice is prominently displayed at the premises, or

    (b) meet the requirements of subsection (3).

     

    (3) The requirements of this subsection are that the premises user must—

    (a) secure that the temporary event notice is kept at the premises in—

    (i) his custody, or

    (ii) in the custody of a person who is present and working at the premises and whom he has nominated for the purposes of this section, and

    (b) where the temporary event notice is in the custody of a person so nominated, secure that a notice specifying that fact and the position held at the premises by that person is prominently displayed at the premises.

     

    (4) The premises user commits an offence if he fails, without reasonable excuse, to comply with subsection (2).

     

    (5) Where—

    (a) the temporary event notice is not displayed as mentioned in subsection (2)(a), and

    (b) no notice is displayed as mentioned in subsection (3)(b),

    a constable or authorised officer may require the premises user to produce the temporary event notice for examination.

     

    (6) Where a notice is displayed as mentioned in subsection (3)(b), a constable or authorised officer may require the person specified in that notice to produce the temporary event notice for examination.

     

    (7) An authorised officer exercising the power conferred by subsection (5) or (6) must, if so requested, produce evidence of his authority to exercise the power.

     

    (8) A person commits an offence if he fails, without reasonable excuse, to produce a temporary event notice in accordance with a requirement under subsection (5) or (6).

     

    (9) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

     

    (10) In this section “authorised officer” has the meaning given in section 108(5).

 

 

 

 

Fees

A completed application must be submitted with a fee of £21.00.

 

This fee is an application fee and therefore is non-refundable.

 

A fee of £10.50 will apply for requests of a copy of a Temporary Event Notice.

 

Offences and Penalties          

(1) This section applies whenever premises are being used for one or more licensable activities which are or are purported to be permitted temporary activities by virtue of this Part.

 

(2) The premises user must either—

(a) secure that a copy of the temporary event notice is prominently displayed at the premises, or

(b) meet the requirements of subsection (3).

 

(3) The requirements of this subsection are that the premises user must—

(a) secure that the temporary event notice is kept at the premises in—

(i) his custody, or

(ii) in the custody of a person who is present and working at the premises and whom he has nominated for the purposes of this section, and

(b) where the temporary event notice is in the custody of a person so nominated, secure that a notice specifying that fact and the position held at the premises by that person is prominently displayed at the premises.

 

(4) The premises user commits an offence if he fails, without reasonable excuse, to comply with subsection (2).

 

(5) Where—

(a) the temporary event notice is not displayed as mentioned in subsection (2)(a), and

(b) no notice is displayed as mentioned in subsection (3)(b),

a constable or authorised officer may require the premises user to produce the temporary event notice for examination.

 

(6) Where a notice is displayed as mentioned in subsection (3)(b), a constable or authorised officer may require the person specified in that notice to produce the temporary event notice for examination.

 

(7) An authorised officer exercising the power conferred by subsection (5) or (6) must, if so requested, produce evidence of his authority to exercise the power.

 

(8) A person commits an offence if he fails, without reasonable excuse, to produce a temporary event notice in accordance with a requirement under subsection (5) or (6).

 

(9) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

 

(10) In this section “authorised officer” has the meaning given in section 108(5).

 

Complaint and Other Redress

 

Failed Application Redress: Contact the Local Authority in the first instance. If a counter notice is given in relation to an objection notice the applicant may appeal against 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 from the day of the planned event.

 

Licence Holder Redress: Contact the Local Authority in the first instance.

 

Consumer Complaint: View our consumer complaints.

 

Other Redress:  If a licensing authority decides not to issue a counter notice in relation to an objection notice the chief police officer 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 from the day of the planned event.

 

 

 

 

 

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