Published on November 17th, 2010 | by Dean Carr
Temporary Event Notice
What is a Temporary Event Notice?
A Temporary Event Notice (TEN) is the temporary equivalent of a premises licence. It was brought into force with the Licensing Act 2003 to replace the old ‘occasional licence’, and is aimed at individuals and businesses that aim to sell alcohol on an occasional basis. As such, the TEN is ideal for seasonal stall holders, annual events and business experiments.
A Temporary Event Notice is relevant to all of licensable activities, not just the sale of alcohol.
(Note: Amendments to the Licensing Act 2003, influencing TENs, came into force on 25 April 2012 and are included in this article.)
- The maximum duration of a TEN is one week
- No more than 499 people may attend the event at any one time
- A premises may operate under TENs for a maximum of 21 days per calendar year
- No more than twelve TENs can be applied to a particular premises in any calendar year
- There must be a minimum of 24 hours between events taking place on a given premises
A personal licence holder can apply for up to 50 Temporary Event Notices per calendar year. This is essentially a functional limit for mobile bars.
Remember that the Licensing Act 2003 applies to temporary events- every retail sale of alcohol must be made or authorised by a personal licence holder.
Is a mobile bar a premises?
To all intents and purposes, a licensed mobile bar is considered a premises under the Licensing Act 2003. Every retail sale of alcohol must be made or authorised by a personal licence holder.
Nevertheless, the TEN criteria above influence a mobile bar differently to a fixed building- a ‘premises’ is the mobile bar and the venue combined. Therefore, a licensed bar could visit up to 50 different events in a year, but only visit the same venue up to 12 times and for up to a week/21 days annually (as specified above). The travelling bar itself is not limited to 12 events or 21 operational days.
An Cafe applies for 10 TENs during a year to hold 10 two-day licensed events (a total of 20 days. Each event lasts less than 1 week).
An Arts Centre applies for 2 TENs during a year to hold two one-week-long licensed events (a total of 20 days. Each event lasts up to 1 week).
A Mobile Bar applies for 40 TENs during a year to visit 30 Farmers Market events. Each lasts for two or three days. No event venue is visited more than 12 times or for more than 21 days.
A Pub holds a festival in an ajacent field under a TEN. The event lasts for two days. No more than 499 people are permitted on the site at any one time.
Applying for a Temporary Event Notice:
- You must be 18 or over to apply for a TEN. Anyone aged 18 or over can apply for a maximum of five TENs per calendar year
- A personal licence holder can apply for a maximum of fifty TENs per calendar year
- The premises user must, no later than 10 working days before the day on which the event is to start, give duplicate copies of the notice to the relevant licensing authority, together with the fee of £21 payable to the licensing authority where the event is to be held. As of 25 April 2012, it will be possible to give a limited number of “late” TENs five clear working days in advance of an event.
- A copy of the notice must also be given to the relevant chief officer of police no later than 10 working days before the day on which the event is to start
You can download the temporary event notice form on the Home Office website on the applications page.
Objections to a Temporary Event Notice:
The Police and the council’s Environmental Health Department are able to object to Temporary Event Notices. Grounds of objection include all four licensing objectives. In the event of such an objection, the licensing authority can attach conditions to the Temporary Event Notice.
Temporary Event Notices or premises licence?
Temporary Event Notices are ideal for some small businesses and highly restrictive for others. When assessing the options, a business should consider the operation criteria and application/administration costs of TENs; it may emerge that a premises licence is the more economical solution.