Newark & Sherwood District Council

A Temporary Event Notice (TEN) is needed when an event is taking place, with less than 500 people attending, where 'licensable activities' are planned to take place.

TENs are intended for one-off, ad hoc events, where alcohol is to be supplied, such as village fetes, parties, weddings, festivals and music events.

Licensable activities are:

• The sale of alcohol by retail
• The supply of alcohol by or on behalf of a club to, or to the order of, a member of a club
• The provision of regulated entertainment
• The provision of late night refreshment
   (i.e. The provision of hot food or drink for consumption on or off premises between 11pm and 5am.)

Criteria for TENs

• The premises user must be over 18 years old (the person giving the TEN is known as the premise user)
• Personal licence holders may give up to 50 notices per year
•  Non personal licence holders may only give up to five notices per year
• Each event may last no more than 96 hours and there must be at least 24 hours between events.
• No premises may be used more than twelve times per calendar year
• No premises may be used for greater than 15 days per calendar year in total.
• No more than 499 persons attending the event

A TEN is treated as being from the same premises user even if it is given by an associate. The Act defines an associate as being a spouse, child, parent, grandchild, grandparent, brother or sister or their spouses or agent or employee of that person or their spouse.

Provided that the criteria set out above are met, only the police may intervene to prevent an event covered by a TEN notice taking place or agree a modification of the arrangements for such an event, and then only on crime prevention grounds.

In circumstances where the above criteria are not met a full Premises Licence will be required.

Procedure for giving a Temporary Event Notice

Under the Act the premises user will be required to provide both the council and the Chief Officer of police, with a notice at least ten working days prior to the event’s starting date (not including the day the application is received and the day of the event). 

While the council recognises that a Temporary Event Notice may be served (up to) ten working days prior to a permitted temporary activity, the guidance issued under the act encouraged the publication locally of a preferred notice period.  There is a case for not serving such Notices too early as this could make it difficult for a sensible assessment to be made of the implementations of such an event on the crime and disorder objective.  The council considers that a reasonable period of notice for the service of a Temporary Event Notice is 28 days.

The notice will include:

• The licensable activities that will take place
• The period during which it is proposed to use the premises for those activities
• The times during the event period when licensable activities are to take place
• The maximum number of persons to be allowed on the premises at any one time (not  exceeding 499)
• If the supply of alcohol is involved, whether the supplies will be for consumption  on or off the premises or both
• Where the licensable activities include the supply of alcohol, the condition that  all such supplies are made by or under the authority of the premises user

Newark and Sherwood District Council will either acknowledge receipt of the notice or, in consideration of any police objection, provide a counter notice saying that the event cannot go ahead, within 48 hours of receipt of the application.

Police objections

If the police believe that allowing the event will undermine the licensing objective on preventing crime and disorder, they must, no later than 48 hours after being given a copy of the TEN, give the premises user and the District Council an objection notice.

The police with the agreement of the premises user can modify the TEN in which case the counter notice issued by the District Council will be withdrawn.

Otherwise the District Council must hold a hearing to consider the notice at least 24 hrs before the event

Discussions prior to submitting a TEN

Where it is proposed to hold a major event, organisers are asked to contact Newark & Sherwood District Council at an early stage before a formal notice is made. This will enable the police to consider and discuss with organisers their operating schedule and avoid potential objections and hold ups.

Planning laws

The giving of a temporary event notice does not relieve the premises user from any requirements under planning law for appropriate planning permission where it is required

Children

Under the Act it will be unlawful to allow any unaccompanied child under the age of 16 to be present on premises where the TEN is exclusively or primarily used for supply and consumption of alcohol.

It will also be unlawful to permit children under 16 not accompanied by an adult between midnight and 5 a.m. into any premises operating under a TEN supplying alcohol for consumption.

Police powers

The police have the power to close down events with no notice on grounds of disorder, the likelihood of disorder or because of public nuisance caused by noise coming from the premises.

TENs for premises that already hold a Premises Licence

TENs can be given for premises that already hold a Premises Licence or a Club Premises Certificate. For example to use a pub for an event involving regulated entertainment such as for a wedding, where the premises licence does not authorise such a provision of regulated entertainment. Also it could be used where the premises wants to stay open later than is specified on their Premises Licence for a particular event.

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