Temporary event notice and permitted temporary activities

Temporary Event Notice (TEN)

A Temporary Event Notice is a time-limited licence, which authorises specified 'licensable activities' at a defined location or 'premises'.  A premise may be one room, a series of rooms, a whole building, a field or other open space.  One TEN may be sufficient to cover a 'premises' with several areas, but this depends on the types of licensable activity, hours and the numbers attending.

The event may last for up to 168 hours (7 days) and no more than 499 people may be on the 'premises' at any one time, including staff.  There are limits on the number of applications, which may be made by any one person or in respect of any premises.

The licensable activities which may be authorised are:

• the sale by retail of alcohol
• the supply of alcohol by or on behalf of a club (applies to Registered Clubs only - these are now called 'Qualifying Clubs')
• the provision of 'regulated entertainment'
• the provision of late night refreshment

You may apply to carry on any one, or any combination, of a), c) and/or d) (or in the case of a club which holds a Club Premises Certificate b), c) and/or d) at the same event.

The Sale of Alcohol includes events where alcohol is included in the ticket price or no specific price is quoted per drink but 'donations' are requested or accepted in respect of the alcohol.  If the alcohol is given completely free of charge, a licence not required for its sale.

Events involving the sale of alcohol are always licensable, whether or not they include Regulated Entertainment.

Regulated Entertainment, subject to specified conditions or exemptions, includes:

• the performance of a play
• an exhibition of a film (this includes the display of lyrics for karaoke)
• an indoor sporting event (this could include, darts, pool, snooker etc. but only where the entertainment is in the presence of an audience who have gathered mainly for the purpose of watching that event)
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music (including disco)
• a performance of dance (before an audience)
• entertainment of a similar description to that falling within v), vi) or vii) - this might include a magician, or a comedian

'Regulated Entertainment' also includes the 'provision of entertainment facilities' for:

• making music (this could include karaoke)
• dancing (where people are using a building/marquee/dance floor for the purpose of dancing, probably to live or recorded music as at v) or vi) above

If the 'facilities' are provided 'for a consideration or with a view to a profit'.  Thus private parties held in your own home or your own premises with no view to a profit and where alcohol is not sold are not licensable.

However, fundraising events involving music, dancing or any other regulated entertainment are almost certainly licensable, even if the event is not open to the public because you are providing regulated entertainment and/or facilities for providing entertainment.

If you are in any doubt as to whether an event is licensable you should speak to the Licensing Department on 01424 451042 and/or seek independent legal advice.

Late Night Refreshment is defined as the sale or supply of hot food and/or drink between the hours of 11pm and 5am - a licence is not required if the food and/or drink is supplied free of charge or, if sold, is supplied outside these hours.  'Free of charge' means just that - including the cost in a ticket price or requesting 'donations' to cover the cost still constitutes a 'sale'.

Health and Safety

Whatever the size of your event, Health and Safety issues must be at the top of your list of priorities.  Should you require advice or guidance you are strongly recommended to contact our Health and Safety team.

The HSE (Health and Safety Executive) can be contacted on 01342 334200.  Hastings Borough Council highly recommended that you to contact East Sussex Fire and Rescue Service for advice relating to matters concerning fire safety on 0845 130 8855.

There are a wide range of Health and Safety issues, which you may need to consider if you are employing staff or if you are a voluntary organisation.

This is particularly relevant when events are being conducted other than in permanent premises (i.e. in temporary structures, marquees or the open air).  This might include enabling access to the event for Emergency Services, fire safety precautions, Door Supervision and stewarding arrangements.

Where appropriate, the event organiser is strongly recommended to seek independent legal advice.

'The Event Safety Guide', (universally referred to as the 'Purple Guide') published by the Health and Safety Executive (HSE) (ISBN 0-7176-2453-6) is the nationally recognised guidance document for the organisers of music and similar events and is obtainable direct from the HSE website.

ESFRS TENs guidance:

• East Sussex Fire and Rescue Service guidance (.pdf 17KB)

Application

Please visit: Temporary Event Notice Application

Applicants are advised to read the Guidance Notes prior to the completion of the notice.

The application must be made in the name of an individual, not a charity, group, organisation or committee.  When the TEN is granted, the named individual becomes the 'premises user' and assumes certain responsibilities as detailed - see Responsibilities of Premises User.

Application deadlines - including Christmas and New Year

There are annual limits to the number of TENs for which an individual may apply.  The application must be made at least ten working days prior to the date of the event for which you are applying – 'ten working days' excludes Saturday, Sunday, Christmas Day, Good Friday or recognised Bank Holidays and excludes the day of the event itself or the day on which it is to start.

However, Hastings Borough Council, wish to receive applications at least one calendar month before the date of your event.  This will enable the Licensing Authority, Environmental Health and the Police to examine the application in good time of your event.  This may resolve any issues and any possible objection and ensure the smooth transition of your application. 

The Premises

In Section 2 of the application, it is essential that you accurately identify the premises to which the application relates.  For example, if all the licensable activities are taking place in 'The Red Room', then there is no point in applying for a TEN for the other areas of the same premises.

You only need to apply for a TEN for premises where licensable activities are taking place.

For example, if you are applying for a licence only to sell alcohol at any event which does not involve any other licensable activity (e.g. at an agricultural or horticultural show), then you only need to apply for a licence for the premises where the sale of alcohol takes place, for example the beer tent.  It is the sale of alcohol that is the licensable activity, not the consumption of it.  However, it is advisable to check whether the area is subject to any legislation appertaining to street drinking.

Make sure that your definition of 'the premises' is wide enough to include all areas where licensable activity is to take place.  If any form of licensable activity does take place elsewhere than on the premises you specify, it will be unlicensed, and you may be prosecuted for inter-related offences.

If you are unsure as to what to specify as the premises for your event, speak to your local Licensing Department or seek independent legal advice.

If you are hiring a Community or Village Hall, or a function room in an hotel or pub, a Premises Licence may already be in force for some or all of the licensable activities you wish to take place.  It is advisable to check with the publican or hotelier, or, in the case of a Community Premises, the management committee prior to organising events.

Community Premises within the Hastings area may be licensed for some or all forms of Regulated Entertainment.  However, this may vary from premises to premises, so check whether the type of Regulated Entertainment you wish to provide is already included on the Premises Licence.

However, very few are licensed for sale of alcohol and will rely on the hirer to obtain a TEN for the sale of alcohol to take place on an event-by-event basis.  Currently up to 20 TENs are permitted at each premises in any calendar year, so you will need to seek the permission of the site operators as they will need to account for every TEN applied for.

The Applicant

Applications may only be made by a person over the age of 18 years - no qualifications are required, but restrictions are placed on the number of TENS applied for by non Personal Licence holders.

Frequency and Duration of TENs

• Individuals who hold a Personal Licence, issued under the Licensing Act 2003 may give notice of no more than 50 TENs in any calendar year - this may include up to 10 late TENS
• Non Personal Licence holders may give notice of no more than 5 TENs in any calendar year - this may include up to 2 late TENS
• The number of times a TEN may be given in respect of any particular premises is 20 during 2022-2033
• The maximum number of persons attending the site, including staff, at any one time, shall not exceed 499 persons
• The maximum aggregate duration of the periods covered by TENs at any individual premises is 26 days during 2022-2023
• The maximum time duration of each TEN is 168 hours

Service Of Notice

Apply online using My Hastings

A copy will then be returned to you, endorsed by the Licensing Authority to acknowledge receipt. You must keep this copy, display it at the event, and have it available for inspection as required, see below.

Fees

There is a fee of £21 per application, i.e. per event.

Acknowledgement of Application

When you receive the Licensing Authority endorsed copy of the application, you become the authorised 'premises user'.  You are now the licence holder and are authorised to carry on the specified licensable activities at the nominated premises at the nominated date and time.

Counter Notice

If, instead of the endorsed copy of the application, you receive a Counter Notice the event may not take place.

A Counter Notice may be issued where one or more of the limits set by the Licensing Act 2003 in relation to TENs has been exceeded. Or if there is an objection from the Chief of Police or Environmental Health service.

All limits relate to a calendar year.

Police/Environmental Health Objection

The Chief of Police and Environmental Health have the right to object to your application if they are satisfied that allowing the premises to be used in accordance with the notice would undermine any of the licensing objectives.

The police or environmental health must issue a counter notice to the licensing authority and the 'premises user' within 3 working days of being given their copy of the notice. The licensing authority will then issue a Counter notice advising you that an objection notice has been served and the grounds of objection.

Once an Objection notice has been issued, the Police and/or Environmental health may with your consent modify the application and then re submit to the licensing authority. If you do not consent to the modifications, then the application and the objections must be heard by a Licensing Sub committee within seven working days of the end of the objection period.

If an objection is raised against a "Late TEN" the event can not go ahead, as there will be no time in which to organise a sub committee hearing.

Other representations to a TEN

Unlike the consultation process for a new Premises Licence application, or variations to an existing Premises Licence or Club Premises Certificate, there is no facility in the Act, for representations by Responsible Authorities or other parties. The only bodies that can object are the Police and Environmental health on any of the Licensing Objectives as outlined above.

Responsibilities of the 'Premises User'

Duty to keep and produce Temporary Event Notice (Section 109, Licensing Act 2003)

The premises user must either secure that a copy of the temporary event notice (TEN) is prominently displayed at the premises, or secure that the TEN is kept at the premises in their custody or in the custody of a person who is present and working at the premises and whom he has nominated for the purpose, and where the TEN is in the custody of a person so nominated, secure that a notice specifying that fact and the position held at the premises by that person is prominently displayed at the premises.

A Constable or authorised officer (for example, a Local Authority Licensing Officer) may require the TEN to be produced for inspection.