Temporary Event Notice
Please note that there has been recent changes to the Licencing Act 2003 regarding several forms of Regulated Entertainment. 'The Live Music Act 2012' and 'The Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013' are new pieces of legislation which may affect whether you actually require a Temporary Event Notice if only applying for a licence for Regulated Entertainment, as some provisions are now exempt under certain conditions. See guidance on gov.uk.
The Live Music Act came into being on 1 October 2012. The purpose of the Act is to encourage more performances of live music. The Act has changed certain provisions within the Licensing Act 2003 to deregulate live music within premises licensed for the sale of alcohol or places that are categorised as a ‘workplace’ that are not licensed other than for the provision of Late Night Refreshment. If a beer garden is not shown on the licensed plans then it is likely to nevertheless be a workplace which benefits from the exemption. Karaoke is considered live music. The primary outcome of this change to the legislation is that live music will cease to be Regulated Entertainment in in the venues mentioned above in the following situations:
- When it is amplified and takes place between 08:00 hours and 23:00 hours; and
- When it is amplified and takes place in the presence of an audience of 500 persons or less between 08:00 hours and 23:00hours.
- Public performance of live unamplified music that takes place between 08:00 hours and 23:00 hours on any day no longer requires a licence in any location.
Any condition attached to a premises licence relating to live music also ceases to have effect in respect to live music during these timings, unless the licensing authority have held a licence review for the premises and have re- imposed those licence conditions.
Recorded Music
Recorded music in on-licensed premises benefits from the same exemption as live music above, with the same audience limit. This covers DJs and discos and is a new development, as hitherto most recorded music above background level has been licensable under the Act. There is no equivalent ‘workplace’ exemption. Background live and recorded music continues to be exempt, as it is considered ‘incidental’ to any other licensable activity.The Live Music Act came into being on 1 October 2012. The purpose of the Act is to encourage more performances of live music. The Act has changed certain provisions within the Licensing Act 2003 to deregulate live music within premises licensed for the sale of alcohol or places that are categorised as a ‘workplace’ that are not licensed other than for the provision of Late Night Refreshment. If a beer garden is not shown on the licensed plans then it is likely to nevertheless be a workplace which benefits from the exemption. Karaoke is considered live music. The primary outcome of this change to the legislation is that live music will cease to be Regulated Entertainment in in the venues mentioned above in the following situations:
- When it is amplified and takes place between 08:00 hours and 23:00 hours; and
- When it is amplified and takes place in the presence of an audience of 500 persons or less between 08:00 hours and 23:00hours.
- Public performance of live unamplified music that takes place between 08:00 hours and 23:00 hours on any day no longer requires a licence in any location.
Any condition attached to a premises licence relating to live music also ceases to have effect in respect to live music during these timings, unless the licensing authority have held a licence review for the premises and have re- imposed those licence conditions.
Recorded Music
Recorded music in on-licensed premises benefits from the same exemption as live music above, with the same audience limit. This covers DJs and discos and is a new development, as hitherto most recorded music above background level has been licensable under the Act. There is no equivalent ‘workplace’ exemption. Background live and recorded music continues to be exempt, as it is considered ‘incidental’ to any other licensable activity.
You will still require a Temporary Event Notice in all instances if applying for the sale of alcohol.
Summary
The Licensing Act 2003 introduced a 'light touch' system of permitted temporary licensable activities which include the sale of alcohol, regulated entertainment and late night refreshment. Temporary Event Notices can be used to authorise relatively small scale ad hoc events in or on any premises involving no more than 499 people at any one time.
If you wish to hold an ad-hoc event in England or Wales and require a temporary licence for the event, you must give a Temporary Event Notice (TEN) to your local licensing authority. You must also give a copy of the TEN to the environmental health department and the police. If the premises where the event is to be held is in areas governed by two or more local authorities applications must be made to each authority. If the application is made online to the Council, the licensing authority will copy the TEN to environmental health and the police.
Application forms can be downloaded from gov.uk
Unless you submit an electronic application online, you must also give a copy of the notice to the licensing authority, the police and the environmental health authority no later than ten clear working days before the event for a standard Temporary Event Notice.
Please note that this does not include the date of receipt of the TEN by the authorities, the actual date of the event, or any Bank Holidays.
The FEE for a Temporary Event Notice is £21.
Police address
Licensing Section, Derbyshire police, South Division HQ, Prime Park Way, Chester Green, Derby DE1 3AB or This email address is being protected from spambots. You need JavaScript enabled to view it.
Environmental Health
Environmental Health, Merlin House, Merlin Way, Ilkeston, Derbyshire DE7 4RA or This email address is being protected from spambots. You need JavaScript enabled to view it.
Apply online
Apply online for a Apply or a Temporary Event Notice on gov.uk
Eligibility Criteria
-
You must be at least 18 years old to give a TEN and can give a maximum of 5 standard TENs per year, including 2 late TENs
-
If you are a personal licence holder, you can give a maximum of 50 standard TENs per year, including 10 late TENs.
-
The number of times a Temporary Event Notice may be given in respect of any particular premises is 15 times in a calendar year.
-
The maximum aggregate duration of the periods covered by temporary event notices at any individual premises is 21 days in a calendar year.
-
Your event must involve no more than 499 people at any one time and last no more than 168 hours (7 days).
- If you're organising separate but consecutive events at the same premises, there must be a 24 hour gap between these events.
-
The fee for a Temporary Event Notice is £21.
The Notice should contain:
-
details of the licensable activities
-
the event period
-
the times when during that period the activities will take place
-
the maximum number of people proposed to be allowed on the premises
-
whether the TEN is a late TEN
-
any other required information.
Application Evaluation Process
The TEN must be given in writing (unless by electronic means) to the licensing authority, environmental health and the police. A fee is payable with the notice
The local authority will acknowledge receipt of the notice by giving a notice to the premises user before the end of the first working day it was received or before the end of the second working day if the day the notice was received is not a working day.
Unless an application has been submitted electronically, the premises user must also give notice to the local police department and environmental health.
If the police or environmental health receive a standard TEN and believe that the event would undermine the licensing objectives they can serve an objection notice on the licensing authority and the premises user. This notice must be served within 72 hours of receipt of the temporary event notice.
In the case of a standard TEN the local licensing authority may issue a counter-notice and hold a Hearing if an objection notice is served, and they consider it necessary for the promotion of the licensing objectives. A decision must be made at least 24 hours before the beginning of the event.
The police or environmental health may modify a standard TEN with the consent of the premises user. In such a case an objection notice will be deemed to have been withdrawn.
A counter-notice will be issued by the licensing authority if the number of permitted TENs has been exceeded.
A counter-notice will be issued by the licensing authority if a late ten receives an objection by the police or environmental health. There will be no Hearing.
Will Tacit Consent Apply?
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it. You can do this on the set up a business page on gov.uk if you applied through the UK Welcomes service or use the contact details below.
Failed Application Redress
Please contact your Local Authority in the first instance.
If a counter notice is given in relation to an objection notice the applicant may appeal against the decision. Appeals must be made to the local Magistrates' court within 21 days. An appeal may not be brought later than five working days from the day of the planned event.
Licence Holder Redress
Please contact your Local Authority in the first instance.
Other Redress
If a licensing authority decides not to issue a counter notice in relation to an objection notice the chief police officer can appeal the decision. Appeals must be made to the local Magistrates' court within 21 days. An appeal may not be brought later than five working days from the day of the planned event.