Temporary Event Notices (or TENs) can be used to allow licensable activities to be carried out on a one-off or occasional basis. They are the most appropriate type of authorisation for small-scale, one-off events, such as community, school and charity fundraising events, at which it is intended to sell or supply alcohol, provide regulated entertainment, or sell hot food/drink between 11pm and 5am.
TENs may also be used by licensed premises to increase the scope of their licence for a one-off event, for example, to allow the hosting of a live music event in a venue not usually permitted live music, or to allow an extra hour for the supply of alcohol on a special occasion.
Criteria
To prevent abuse of the Temporary Event Notice system, there are a number of limitations on how TENs may be used.
From 25 April 2012, these limits are as follows:
- TENs can only be used for events where no more than 499 people (including staff and performers) are expected to attend.
- A premises can use up to 12 TENs per calendar year, authorising events on no more than 21 calendar days in that year (a calendar day starts at midnight, so a TEN running from 11pm to 1am would count as two days).
- Each TEN can last for up to 168 consecutive hours from start to finish.
- There must be at least 24 hours between the end of one TEN and the start of another.
- An individual (or a group of associates, business partners or family members) may only give five TENs per year (unless they hold a Personal Licence, in which case they may give 50).
- No more than two of the five TENs (or ten of the 50 for Personal Licence holders) can be given as late TENs (see below for more information on late TEN's).
- TENs can only be given by persons over the age of 18.
If an event is expected to attract more than 499 persons, or last longer than 168 hours, or if it is intended to use the same premises to provide licensable activities on more than 12 occasions or 21 days per year, a Premises Licence will be required.
How to give a Temporary Event Notice
Temporary Event Notices must be given, in a prescribed format, to the Licensing Section to the Police and Environmental protection (noise officers). The forms must be received:
- at least 10 full working days before the first day of the proposed event, excluding the day on which the notice was received, for the notice to be treated as a standard TEN, or
- at least 5 full working days before the first day of the proposed event, excluding the day on which the notice was received, for the notice to be treated as a late TEN.
How to Submit the Application
Complete the Temporary Event Notice form.
Keep a copy of the completed from for your own records.
- Send a copy of the completed form to the Licensing team at 9 - 10 Bath Street, Bath BA1 1SN with payment for the application fee.
- Send a further copy of the form to the Avon & Somerset Police, Liquor Licensing Bureau, PO Box 2781, Bristol, BS2 2AS at the same time.
- Send a further copy of the form to the Environmental Protection team, Lewis House, Manvers Street, Bath, BA1 1JG at the same time.
The application fee for a Temporary Event Notice is £21, regardless of how the application is made. Payment must be made at the same time as you submit your application.
After receiving a notice, we will either send you an acknowledgement letter to confirm that the event complies with the statutory limits set out above, or if the event would breach any of the limits, issue a 'counter notice' stopping the event from taking place. We may also issue a counter notice after considering any objections to the event.
Alternatively, send the application via email to us at licensing@bathnes.gov.uk and we will forward copies to the Police and Environmental Protection on your behalf.
Late TENs
Changes to the licensing laws applying from 25 April 2012 mean that, for the first time, the licensing authority can accept a limited number of TENs from each applicant given after the normal 10 working day cut-off.
TENs served on any party (i.e. Licensing, Police or Noise) 5-9 working days before the start of the event will be classed as late TENs, and will be subject to special provisions. The late TENs rules will apply even if two of the three parties received their copies on time.
Only two late TENs per person per calendar year can be given (or ten with a Personal Licence). Any further late TENs given beyond this limit will be rejected. This limit applies nationwide - if you have given your late TENs to another licensing authority, you will not be able to give any in the Bath & North East Somerset area.
If police or noise officers object to a late TEN, the event will be immediately vetoed. There is no provision for a hearing, or right to appeal against the decision.
There remains no discretion to accept any TEN which has not been given to all parties less than 5 full working days before the start of the event - any such notice will be deemed invalid, and the event may not proceed.
Objections
The Police and the Council's Environmental Protection team are the only bodies who may object to a TEN, and they may only do so if there is reason to believe that the event will adversely affect a licensing objective. To object, they must give the premises user and the licensing authority an objection notice, within three working days of receiving their copy of the TEN.
If the objection relates to a late TEN, a counter-notice will be issued, and the event may not go ahead.
For standard TENs, if the applicant can agree a mutually acceptable modification to the TEN with the party who objected, the event may proceed.
Otherwise, the licensing authority must hold a hearing to consider the objection notice at least 24 hours prior to the event, following which a decision may be made to issue a counter notice, which prevents the event from taking place. To allow time for this hearing (and the possibility of appeal), we advise that TENs are submitted as far in advance of the proposed event as possible.
Conditions
There is a standard condition applying to all TENs which include alcohol sales, requiring the applicant to take responsibility for all supplies of alcohol made under the TEN. This will include checking the ages of those purchasing alcohol, and other matters required by the alcohol legislation.
Generally, TENs will not be subject to any other special conditions and the licensing authority cannot impose further conditions.
The sole exception to this rule is for TENs at premises which are also covered by a Premises Licence or a Club Premises Certificate. If an objection is made, but the hearing allows the TEN to go ahead, conditions from the licence or certificate may be applied to the TEN.