Temporary Event Notices have been used more than ever as a result of the pandemic. Putting a marquee in the garden for an event where there is more space and fresh air has helped many operators weather the Covid storm.
TEN’s have always been subject to limitations, e.g, the number of people that can be present at a temporary event; the number of temporary events at the premises each year; and the duration of a temporary event. To support businesses during the COVID-19 pandemic, the Government temporarily relaxed some of these limitations.
The Government has announced it has relaxed the limitations on Temporary Event Notice’s (TEN’s) in 2022 and 2023.
When do you need a TEN?
A TEN permits licensable activities to take place at a premises for a temporary occasion and may be used in either of the following circumstances:
- to temporarily extend or amend licensable activity in respect of a premises which already has a premises licence or club premises certificate; or
- to permit licensable activity at a premises where there is no existing premises licence or club premises certificate in place.
The relaxation to the limitations on TEN’s means that, in relation to temporary event periods occurring wholly or partly in 2022 or 2023:
- the number of TEN’s that can be given per premises per year has increased from 15 to 20; and
- the maximum number of days on which temporary events may be held per premises per year has increased from 21 days to 26 days.
What is the application process?
The procedure for applying for a TEN remains the same – the application must be made to the Licensing Authority where the premises that will benefit from the TEN is located, the fee of £21 must be paid and a copy of the application must be given to the Police and Environmental Health Department. The Licensing Authority cannot refuse a TEN application unless the Police or Environmental Health Department object to it.
An application form for a temporary event notice can be found here
Don’t forget to give adequate notice
When applying for a TEN it is vital to be aware of the notice period required so that you have enough time to deal with any issues that may arise during the application process. Standard TEN’s must be given with at least 10 clear working days’ notice before the event and the Police and Environmental Health Department have 3 working days to object to it. If an objection is raised to a standard TEN and the applicant and objecting authority cannot reach an agreement, then the Licensing Authority will hold a hearing to determine the application.
It is also possible (although not preferable!) to give a ‘late TEN’, which must be given with at least 5 clear working days (but not more than 9 clear working days) before the event. If the Police or Environmental Health Department object to a late TEN, the TEN will not be valid and the event cannot take place.
If you would like any further information or guidance in relation to the above, please do not hesitate to contact Lisa Gilligan.
The content of this page is a summary of the law in force at the present time and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.