Licence

Temporary Event Notice

Summary

Temporary Event Notices (TENs) can be used to allow licensable activities to be carried out on a one-off or occasional basis.  They are the most appropriate type of authorisation for small-scale, one-off events, such as community, school and charity fundraising events, at which it is intended to:

  • sell or supply alcohol;
  • provide regulated entertainment; or
  • sell hot food/drink between 11 pm and 5 am.

A TEN will also be required if you are planning to hold an event where tickets are sold stating alcohol is "free".  For example "a free glass of wine on entry".

TENs may also be used by licensed premises to increase the scope of their licence for a one-off event, for example, to allow the hosting of a live music event in a venue not usually permitted live music, or to allow an extra hour for the supply of alcohol on a special occasion.

Fee

£21

You may pay in person or over the phone (01225 477531) using a credit or debit card.  Please note that although there will be no charge for debit cards, there will be an additional charge of 2.5 % for credit card payments.

All Licensing Fees and Charges

Application Form

Please use the following online application form to apply for a TEN and make your payment:

Further information is available on the gov.uk website at:

Please contact Licensing Services if you would like us to send you an application form to complete by hand.

Eligibility Criteria 

To prevent abuse of the Temporary Event Notice system, there are a number of limitations on how TENs may be used.  These limits are as follows:
  • TENs can only be used for events where no more than 499 people (including staff and performers) are expected to attend.
  • A premises can use up to 15 TENs per calendar year, authorising events on no more than 21 calendar days in that year (a calendar day starts at midnight, so a TEN running from 11pm to 1am would count as two days).
  • Each TEN can last for up to 168 consecutive hours from start to finish.  There must be at least 24 hours between the end of one TEN and the start of another.
  • An individual (or a group of associates, business partners or family members) may only give five TENs per year (unless they hold a Personal Licence, in which case they may give 50).
  • No more than two of the five TENs (or ten of the 50 for Personal Licence holders) can be given as late TENs (see below for more information on late TENs).
  • TENs can only be given by persons over the age of 18.
  • If an event is expected to attract more than 499 persons, or last longer than 168 hours, or if it is intended to use the same premises to provide licensable activities on more than 12 occasions or 21 days per year, a Premises Licence will be required.

Application
Process

Temporary Event Notices must be given, in a prescribed format, to the Licensing Section to the Police and Environmental Protection (noise officers). The forms must be received:

  • at least 10 full working days before the first day of the proposed event, excluding the day on which the notice was received, for the notice to be treated as a standard TEN; or
  • at least 5 full working days before the first day of the proposed event, excluding the day on which the notice was received, for the notice to be treated as a late TEN.

Late TENs

Changes to the licensing laws (on 25 April 2012) mean that, for the first time, the licensing authority can accept a limited number of TENs from each applicant given after the normal 10 working day cut-off.

TENs served on any party (i.e. Licensing, Police or Noise) 5-9 working days before the start of the event will be classed as late TENs, and will be subject to special provisions.  The late TENs rules will apply even if two of the three parties received their copies on time.

Only two late TENs per person per calendar year can be given (or ten with a Personal Licence). Any further late TENs given beyond this limit will be rejected. This limit applies nationwide - if you have given your late TENs to another licensing authority, you will not be able to give any in the Bath and North East Somerset area.

If police or noise officers object to a late TEN, the event will be immediately vetoed.  There is no provision for a hearing, or right to appeal against the decision.

There remains no discretion to accept any TEN which has not been given to all parties less than 5 full working days before the start of the event - any such notice will be deemed invalid, and the event may not proceed.

 

How to Submit the Application

Please use the Online Application Form to apply for a TEN and make your payment.  We will then notify the Police and Environmental Protection on your behalf. 

However, if you choose to submit a hard copy application (using the Home Office's Temporary Event Notice form), you will need to submit one copy of the form to each of the following:

  • B&NES Licensing Services (along with the application fee)
    Lewis House, Manvers Street, Bath BA1 1JG
  • B&NES Environmental Protection
    Lewis House, Manvers Street, Bath BA1 1JG
  • Police
    Liquor Licensing, Avon and Somerset Constabulary, PO Box 3259, Bristol BS2 2EJ

Alternatively, you may apply by emailing one copy of the form to us at licensing@bathnes.gov.uk and we will notify the Police and Environmental Protection on your behalf.  Payment must be made by phoning Licensing Services on 01225 477531 to make a card payment. 

Payment must be made at the same time as you submit your application.

Keep a copy of the completed form for your own records.

Consultation 

On receipt of an application we will check that the Police and the Council's Environmental Protection team have recieved a copy.

 Objections

The Police and the Council's Environmental Protection team are the only bodies who may object to a TEN, and they may only do so if there is reason to believe that the event will adversely affect a licensing objective. To object, they must give the premises user and the licensing authority an objection notice, within three working days of receiving their copy of the TEN.

If the objection relates to a late TEN, a counter-notice will be issued, and the event may not go ahead.

For standard TENs, if the applicant can agree a mutually acceptable modification to the TEN with the party who objected, the event may proceed.

Otherwise, the licensing authority must hold a hearing to consider the objection notice at least 24 hours prior to the event, following which a decision may be made to issue a counter notice, which prevents the event from taking place. To allow time for this hearing (and the possibility of appeal), we advise that TENs are submitted as far in advance of the proposed event as possible.

Evaluation

After receiving a notice, we will either send you an acknowledgement to confirm that the event complies with the statutory limits set out above, or if the event would breach any of the limits, issue a 'counter notice' stopping the event from taking place.

We may also issue a counter notice after considering any objections to the event.

There is no statutory period for determining applications; however, we aim to determine applications within 35 days.

Tacit Consent 

Tacit consent applies.  This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the 35 day target completion period.

Right of Appeal 

Please contact Licensing Services in the first instance.

If a counter notice is given in relation to an objection notice the applicant may appeal against the decision.

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 Bath Magistrates' Court within 21 days.

An appeal may not be brought later than five working days from the day of the planned event.

Conditions 

There is a standard condition applying to all TENs which include alcohol sales, requiring the applicant to take responsibility for all supplies of alcohol made under the TEN. This will include checking the ages of those purchasing alcohol, and other matters required by the alcohol legislation.

Generally, TENs will not be subject to any other special conditions and the licensing authority cannot impose further conditions.

The sole exception to this rule is for TENs at premises which are also covered by a Premises Licence or a Club Premises Certificate. If an objection is made, but the hearing allows the TEN to go ahead, conditions from the licence or certificate may be applied to the TEN. 

Validity/Renewals 

All notices will be valid for the duraton of the event only.

Guidance 

Guidance is available on the gov.uk website at:

You should also have regard to the Council's Statement of Licensing Policy when making an application.

 

Further guidance is available on the Government's GOV.UK website.

 

Please contact Licensing Services for further guidance.

Relevant Legislation

Trade Associations 

Customer Complaints 

If you have a complaint about a trader, we would advise you first to contact the trader – preferably by letter with proof of delivery.  If that is unsuccessful and you are in the UK, the Citizens Advice Bureau will assist you.  If you are outside of the UK, contact the UK European Consumer Centre.

If you believe a premises is operating without a valid licence or Temporary Event Notice , please contact Licensing Services. 

Further Information 

For details of premises with current Temporary Event Notices in place, please visit our Licensing Database website.

Additional contact details.

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