Amended guidance issued under section 182 of the Licensing Act ...

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7. Temporary event notices (TENs)7.1 This Chapter covers the arrangements in Part 5 of the 2003 Act for the temporarycarrying on of licensable activities that are not authorised by a premises licence or clubpremises certificate.GENERAL7.2 The system of permitted temporary activities is a light touch process, and as such, thecarrying on of licensable activities does not have to be authorised by the licensing authorityon an application. Instead, a person wishing to hold an event at which such activities areproposed to be carried on (the “premises user”) gives notice of the event (a “temporaryevent notice” or “TEN”).7.3 The TEN must be given to the licensing authority in the form prescribed in regulations madeunder the 2003 Act. Unless it is sent electronically, it must be sent to the relevant licensingauthority, to the police and local authority exercising environmental health functions at leastten working days before the event (although a premises user may give a limited number ofTENs to the licensing authority less than 10 days before the event to which they relate).7.4 If a temporary event notice is sent electronically via Business link or the licensingauthority’s own facility, the licensing authority must notify the police and local authorityexercising environmental health functions as soon as possible and no later than the firstworking day after the notice is given.7.5 The police or local authority exercising environmental health functions may interveneto prevent such an event taking place or agree a modification of the proposedarrangements, and their intervention may in some cases result in the licensing authorityimposing conditions on a temporary event notice. When giving a temporary event notice,consideration should be given to the four licensing objectives. The licensing authority onlyotherwise intervenes if the statutory permitted limits on temporary event notices would beexceeded.7.6 A temporary event notice does not relieve the premises user from any requirements underplanning law for appropriate planning permission where it is required.LIMITATIONS7.7 A number of limitations are imposed on the use of TENs by the 2003 Act. The limitationsapply to:• the number of times a premises user may give a TEN (50 times in a calendar year for apersonal licence holder and 5 times in a calendar year for other people);• the number of times a TEN may be given for any particular premises (12 times in acalendar year);• the maximum length of time a TEN may have effect (168 hours or 7 days);AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200341
• the maximum total duration of the periods authorised by TENs in relation to individualpremises (21 days in a calendar year); and• the maximum number of people attending at any one time (fewer than 500).7.8 Proposed activities that exceed these limits will require a premises licence or club premisescertificate.7.9 TENs may be given in respect of premises which already have a premises licence or clubpremises certificate to cover licensable activities not permitted by the existing authorisation.7.10 In determining whether the maximum total duration of the periods covered by TENs atany individual premises has exceeded 21 days, an event beginning before midnight andcontinuing into the next day would count as two days towards the 21-day limitation.7.11 There is nothing to prevent notification of multiple events at the same time, providedthe first event is at least ten days away (or five days away in the case of a late TEN). Forexample, an individual personal licence holder wishing to exhibit and sell beer at a series offarmers’ markets may wish to give several notices simultaneously. However, this would onlybe possible where the events are to take place in the same licensing authority (and policearea), and the limits are not exceeded in the case of each notice.WHO CAN GIVE A TEMPORARY EVENT NOTICE?PERSONAL LICENCE HOLDERS7.12 A personal licence holder can give a TEN at any premises on up to 50 occasions in anycalendar year. This limit is inclusive of any late TENs given in the same year. The use ofeach TEN must of course observe the limits described above, including the limit of 12 TENsin respect of each premises in a calendar year.NON-PERSONAL LICENCE HOLDERS7.13 The 2003 Act provides that any individual aged 18 or over may give a TEN whether or notthat individual holds a personal licence. Such an individual will not, therefore, have met therequirements that apply to a personal licence holder under Part 6 of the 2003 Act. Wherealcohol is not intended to be sold, this should not matter. However, many events will involvecombinations of licensable activities. In the absence of a premises user holding a personallicence, the 2003 Act limits the number of notices that may be given by any non-personallicence holder to 5 occasions in a calendar year (this limit is inclusive of any late TENsin the same year). In every other respect, the Guidance and information set out in theparagraphs above applies.42 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
Page 4: Contents1. Introduction............
Page 7: LICENSING POLICIES1.11 Section 5 of
Page 11 and 12: 2.10 A condition must also be capab
Page 13 and 14: • Ensuring appropriate and freque
Page 15 and 16: SAFE CAPACITIES2.28 “Safe capacit
Page 17 and 18: 2.38 Measures to control light poll
Page 19 and 20: 2.49 The 2003 Act provides that, wh
Page 21: alcohol to its customer, an authori
Page 25: --have given an objection notice be
Page 28 and 29: 4.26 Only one DPS may be specified
Page 32 and 33: y the licence, it would be necessar
Page 34 and 35: to the statutory conditions in resp
Page 36 and 37: VEHICLES5.19 Under the 2003 Act, al
Page 38 and 39: 5.29 Venues that are permanent or p
Page 40 and 41: 6.7 The 2003 Act does not prevent v
Page 44 and 45: STANDARD AND LATE TEMPORARY EVENT N
Page 46 and 47: licence conditions on the TEN (inso
Page 48 and 49: 8. Applications for premises licenc
Page 50 and 51: Executive and local authority healt
Page 52 and 53: premises licences may be found eith
Page 54 and 55: • the required fee (details of fe
Page 56 and 57: 8.41 All parties are expected to wo
Page 58 and 59: variations, there is no right to a
Page 60 and 61: LICENSING HOURS8.62 Variations to t
Page 62 and 63: unenforceable. This would be accept
Page 64 and 65: 8.81 Licensing authorities in Wales
Page 66 and 67: 8.93 When a person applies for a pr
Page 68 and 69: to take place pending a formal appl
Page 70 and 71: 9.5 It is for the licensing authori
Page 72 and 73: may (in a case where it has applied
Page 74 and 75: HEARINGS9.27 Regulations governing
Page 76 and 77: considered on a case-by-case basis.
Page 78: CONSISTENCY WITH STEPS DESCRIBED IN
Page 81 and 82: 10.27 Licensing authorities may wis
Page 83 and 84: prohibit a number of types of drink
Page 85 and 86: 10.50 The following factors should
Page 87 and 88: alcohol included in it or not targe
Page 89 and 90: 10.70 As well as making the drinks
Page 91 and 92: 11. ReviewsTHE REVIEW PROCESS11.1 T
Page 93 and 94:
11.12 If the application for a revi
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11.22 For example, licensing author
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• for unlawful gambling; and• f
Page 99 and 100:
LICENSING POLICY STATEMENTS AND SEC
Page 101 and 102:
13. Statements of licensing policy1
Page 103 and 104:
13.12 Statements of policies should
Page 105 and 106:
EVIDENCE OF CUMULATIVE IMPACT13.23
Page 107 and 108:
EFFECT OF SPECIAL POLICIES13.29 The
Page 109 and 110:
• Police enforcement of the gener
Page 111 and 112:
the 2003 Act and any licence or cer
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PROMOTION OF EQUALITY13.59 A statem
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14. Suspension for non-payment of f
Page 117 and 118:
15. Live music and regulated entert
Page 119 and 120:
audience and are provided to, at le
Page 121 and 122:
SPONTANEOUS MUSIC, SINGING AND DANC
Page 123:
Published by TSO (The Stationery Of
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