Temporary event notice

About Temporary Event Notices

Summary of requirements

Under the Licensing Act 2003, events which involve licensable activities can take place without the need for a premises licence, club premises certificate or for a personal licence holder to authorise the sale of alcohol, provided certain criteria are met.

A temporary event notice (TEN) can be used to authorise relatively small-scale events. They can be used on licensed and unlicensed premises. For licensed premises they can be used for additional licensable activities not covered by the premises licence or/and to extend the hours of licensable activities. For non-licensed premises they can be used for events such as pay bars at a fete, or a performance of a play at a community hall.

No permission is required for these types of events. However, the Licensing Authority must be notified of the event in the form of a Temporary Event Notice. Unless you submit an electronic online application the Police and Environmental Health Authority must also be served a copy of your notice.

Licensable activities are:

The sale by retail of alcohol
The supply of alcohol by or on behalf of a club to, a member of the club
The provision of regulated entertainment (please see below)
The provision of late night refreshment (hot food and drink supplied between 11pm and 5am)

Regulated entertainment is that which takes place in front of an audience for their entertainment, and includes:

A performance of a play (e.g. a pantomime or amateur dramatic production, including a rehearsal);
An exhibition of a film;
An indoor sporting events;
A boxing or wrestling event;
A performance of live music;
Any playing of recorded music;
A dance performance; and
Facilities for making music, dancing and entertainment of a similar description.

Eligibility criteria

You must be aged 18 years or older to give a TEN. You can give a maximum of 5 TENs per calendar year of which 2 can be late TENs.

If you hold a personal licence under the Licensing Act 2003, you can give a maximum of 50 TENs per calendar year of which 10 can be late TENs.

Restrictions apply where the applicant is an "associated person" of someone who has already held a TEN, including spouses, close relations, agents and employees, and their spouses.

The word "spouse" also includes someone living with the notice giver.

TENs are subject to other maximum limits, as set out below:

The scale of the event in terms of the maximum number of people attending at any one time (including staff and performers); must be fewer than 500.
The length of time an event can last; no more than 168 hours (7 days).
The number of times a temporary event notice may be given for any particular premises; can not exceed 12 times per calendar year.
The maximum total duration of the periods covered by TENs at any particular premises; can not exceed 21 days in any calendar year. Note: A day means a period of 24 hours beginning at midnight (and cannot be taken as any 24 hour period). A calendar year commences on the 1st January and ends on the 31st December.
There must be a minimum of 24 hours between an event you organise and the start or finish of another TEN you organise at the same premises.

The police and environmental health authority may object to a temporary event notice on the grounds of the 4 licensing objectives (the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm).

Application evaluation process

'Standard' TENs

The TEN must be given in writing using the statutory form to the Licensing Authority, Police and Environmental Health at least 10 working days before the event begins. For the avoidance of doubt the notice must be received by the Licensing Authority, Police and Environmental Health Authority at least 10 working days before the start of the event. Please note that the 10 working days do not include the day of receipt or the day of the event. A working day is classed as any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales.

'Late' TENs

If you submit your TEN to the Licensing Authority, Police and Environmental Health between 9 and 5 working days before the event begins it will be accepted as a late TEN. Please note that this does not include the day of receipt or the day of the event. A working day is classed as any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales. If an application is received less than 5 working days before the event it will be rejected.
Standard and Late TENs

If you apply online you will not need to serve the application on the Police and Environmental Health Authority as we will serve this for you within one working day of receipt. You can apply online via the Business Link website.

All copies of the TEN must be fully completed and signed.

If you are not applying on-line then the TEN and the fee of £21 must be sent to:

Wandsworth Council,
Safety & Licensing Team,
Environmental Services,
Planning & Environmental Services Division,
PO Box 47095,
London SW18 9AQ

At the same time you should send a copy of the TEN to the Police and Environmental Health Authority at:

Police Licensing Department,
Lavender Hill Police Station,
176 Lavender Hill,
London SW11 1JX

Wandsworth Council,
Noise & Complaints Team,
Environmental Services,
Planning & Environmental Services Division,
PO Box 47095,
London SW18 9AQ

Each event will require a separate TEN and the fee of £21 is payable for each TEN given.

You are advised wherever possible to give at least 28 days' notice.

What happens next?

The Council will validate the TEN to ensure that the notification is completed correctly and within the prescribed limits. We will then acknowledge the receipt of your TEN before the end of the first working day following the day on which it was received or before the end of the second working day if the day the notice was received is not a working day.

The Police and Environmental Health Authority can object to your TEN if they consider the event would undermine any of the four licensing objectives. To object they must give an objection notice within 3 working days to the licensing authority and you the applicant.

In the case of a 'standard TEN', if the Police or Environmental Health Authority objects, the licensing authority must hold a hearing to consider the objection notice, unless the premises user, the police and the licensing section all agree that a hearing is not necessary. The Licensing Authority may issue a counter notice prohibiting the event if it considers it necessary for the promotion of the four licensing objectives. A decision must be made at least 24 hours before the beginning of the event.

In the case of a 'late TEN' if an objection is received a counter notice prohibiting the event will be served and the event will not go ahead.

The Police and Environmental Health Authority may modify the TEN with the consent of the premises user. In such a case an objection notice will be deemed to have been withdrawn. The licensing authority may also issue a counter notice if the permitted limits have been exceeded.

Will tacit consent apply?

Yes. This means that you will be able to act as though your application is granted if the above timescales have not been met.

What can I do if my application is refused?

If, as a result of an objection from the Police or Environmental Health Authority, the licensing authority issues a counter notice prohibiting an event, the premises user has the right to appeal within 21 days. Appeals must be made to:

South Western Magistrates' Court
176a Lavender Hill
Battersea
London SW11 1JU

However, an appeal may not be brought later than five working days before the day of the planned event.

There is no right of appeal where a counter notice has been issued because limits have been exceeded. If you are unhappy about the decision, please contact:

Wandsworth Council
Safety & Licensing Team
Environmental Services
Planning & Environmental Services
PO Box 47095
London SW18 9AQ

Email: licensing@wandsworth.gov.uk

Right of appeal by police and Environmental Health Authority

If a licensing authority decides not to issue a counter notice in relation to an objection notice, the Police and Environmental Health Authority can appeal the decision to the local Magistrates' Court (details above) within 21 days. An appeal may not be brought later than five working days before the day of the planned event.

European Services Directive

If you think that the Council has not complied with the European Services Directive by imposing requirements or conditions in respect of your application that are discriminatory, unfair or disproportionate, please contact:

UK SOLVIT Centre
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET

Email: solvit@bis.gsi.gov.uk