A Temporary Event Notice “TEN” is a notification given by an individual of their intention to hold an event where there will be one or more licensable activities, such as the sale of alcohol or the provision of regulated entertainment.
The system of permitted temporary activities is intended as a light touch process, and as such, the carrying on of licensable activities does not have to be authorised or approved by the licensing authority . Instead, a person wishing to hold an event at which such activities are proposed to be carried on (the “premises user”) gives Notice to the licensing authority of the event (a “temporary event notice” or “TEN”).
The event must not involve more than 499 people at any one time and it must not last for more than 168 hours. Consecutive notices cannot be issued to same person, or their associates, for the use of the same premises. There must be a minimum of 24 hours between such Notices.
There are two types of TENs, ‘Standard’ or ‘Late’, and different criteria apply to each.
A ‘Standard’ TEN must be received no later than 10 working days before the event to which it relates.
NOTE: the 10 working day minimum period excludes both the date the Licensing Authority and Sussex Police receive the Notice and the date of the event itself. (Bank holidays are not working days).
A ‘Late’ TEN must be received no later than 5 working days before the event but must not be received before nine working days before the event.
NOTE: the 5 working day minimum period excludes both the date the Licensing Authority and Sussex Police receive the Notice and the date of the event itself. (Bank holidays are not working days).
If the premises where the event is to be held is in an area bordering two or more Local Authorities areas, then notifications must be given to each Local Authority, each Council Pollution Control Team and each Chief of Police.
Limitations
A number of limitations are imposed on the use of TENs by the 2003 Act:
- The number of times an individual (the premises user) may give a ‘Standard’ TEN is 50 times in a calendar year for an alcohol personal licence holder and 5 times in a calendar year for other people;
- The number of times a premises user may give a ‘Late’ TEN is limited to 10 times in a calendar year for an alcohol personal licence holder and twice for other people. ‘Late’ TENs count towards the total number of permitted TENs (i.e. the limit of 5 TENs a year for non-alcohol personal licence holders and 50 TENs for alcohol personal licence holders). A notice that is received less than 10 working days before the event to which it relates, when the premises user has already given the permitted number of late TENs in that calendar year, will be returned as void and the activities described in it will not be authorised;
- The number of times a TEN may be given for any particular premises is 15 times in a calendar year;
- The maximum duration of an event authorised by a TEN is 168 hours (seven days);
- The maximum total duration of the events authorised by TENs in relation to individual premises is 21 days in a calendar year;
- The maximum number of people attending at any one time is 499 (including any staff and any other persons); and
- The minimum period between events authorised under separate TENs in relation to the same premises (not including withdrawn TENs) by the same premises user is 24 hours.
Any associate, relative or business partner of the premises user is considered to be the same premises user in relation to these restrictions. The 2003 Act defines an associate, in relation to the premises user, as being:
- The spouse or civil partner of that person;
- A child, parent, grandchild, grandparent, brother or sister of that person;
- An agent or employee of that person; or
- The spouse or civil partner of a person listed in either of the two preceding bullet points.
A person living with another person as their husband or wife, is treated for these purposes as their spouse. ‘Civil partner’ has its meaning in the Civil Partnership Act 2004.
Eligibility criteria
You must be at least 18 years old to give a TEN.
If you do not hold an Alcohol Personal Licence then you are restricted to giving a maximum of no more than 5 TENs per calendar year, 2 of which may be ‘Late’ TENs.
Alcohol Personal Licence holders are entitled to give a maximum of 50 TENs per calendar year, 10 of which may be ‘Late’ TENs.
In both cases, you will have to declare in your notification the number of TENs you have previously submitted.
How to ‘give’ a Temporary Event Notice
A fee of £21 is payable with the Notice.
No refunds are made for incorrect notifications including failure to comply with deadlines for receipt.
The Notice must be in the specific format and should contain:
- A description of the event.
- The licensable activities
- The event period
- The times the activities will take place
- The maximum number of people to be allowed on the premises
- Any other required matters
If your event is in a location that does not have a postal address you must provide a sketch plan showing the location and the nearest named road.
Standard TEN
NOTE: the 10 working day minimum period excludes both the date the Licensing Authority and Sussex Police receive the Notice and the date of the event itself. (Bank holidays are not working days).
The easiest way is to give your TEN and pay the fee online using the link below at least 10 working days prior to the event.
You can give notice and pay online using our form here:
Online Temporary Event Notice
You can also give your TEN by post by downloading our Temporary Event Notice form
Send one copy of the Notice, accompanied by the fee to the Licensing Authority, (and a copy of the Notice to the Chief of Police) which must be received at least 10 working days prior to the event. A payment can be made to Wealden District Council online (see below).
- Licensing Team, Rother District Council, Town Hall, Bexhill on Sea, East Sussex TN39 3JX.
- Plus post one copy of the Notice to The Chief of Sussex Police, East Sussex Licensing Dept, Battle Police Station, North Trade Rd, Battle TN33 0EX
Pay £21 online and post your TEN www.wealden.gov.uk/pay select “Temporary Event Notices” from the drop down menu.
Late TEN
NOTE: the 5 working day minimum period excludes both the date the Licensing Authority and Sussex Police receive the Notice and the date of the event itself. (Bank holidays are not working days).
The easiest way is to give your TEN and pay the fee online using the link below at least 5 working days prior to the event.
Online Temporary Event Notice
You can also give your TEN by post by downloading our Temporary Event Notice form
Send one copy of the Notice, accompanied by the fee to the Licensing Authority, (and a copy of the Notice to the Chief of Police) which must be received at least 5 working days prior to the event but not earlier than 9 working days. A payment can be made to Wealden District Council online (see below).
- Licensing Team, Rother District Council, Town Hall, Bexhill on Sea, East Sussex TN39 3JX.
- Plus post one copy of the Notice to The Chief of Sussex Police, East Sussex Licensing Dept, Battle Police Station, North Trade Rd, Battle TN33 0EX
Pay £21 online and post your TEN www.wealden.gov.uk/pay select “Temporary Event Notices” from the drop down menu.
Evaluation Process
On receipt of your Notification, the Licensing Authority will validate and return the Notice to you. The validated Notice does not have to be displayed, but must be available to view (e.g. on phone/tablet/laptop) at the premises to which it relates, for the duration of the event.
If either the Chief of Police or the Council’s Pollution Control Team believes the event would undermine the Licensing Objectives then they may serve an Objection Notice on the Licensing Authority and the premises user (the individual who gave the TEN). This Objection Notice must be served within 3 working days of their receipt of the TEN, which may not necessarily be the day that the Licensing Authority received your application.
Where an Objection Notice is served, we will hold a Licensing Hearing. The Licensing Authority may issue a Counter Notice, which invalidates the TEN, if it is considered appropriate to do so for the promotion of the Licensing Objectives.
If the Licensing Authority considers that it is not appropriate to issue a Counter Notice, it may serve a Notice of Conditions. It can only do so where the premises concerned is the holder of a Premises Licence or Club Premises Certificate and the Licensing Authority consider that it is appropriate that the relevant conditions on the Licence/Certificate should be attached to the TEN.
A decision must be made at least 24 hours before the beginning of the event.
The Chief of Police or the Council’s Pollution Control Team may, after serving an Objection Notice, modify the TEN with the consent of the premises user. In such a case the Objection Notice will then be deemed to have been withdrawn.
In the event of an Objection Notice to a ‘Late’ TEN the Licensing Authority will issue a Counter Notice immediately without holding a Hearing. Counter Notices may also be served by the Licensing Authority in a number of other circumstances, such as, when the number of permitted events has exceeded the premises or personal limit.
In general if the Licensing Authority have issued a Counter Notice following a Hearing in the circumstances outlined above, then you may appeal against the decision. Please note that this does not apply where personal/premises limits have been exceeded or where it has been issued following an application for a Late TEN.
All appeals must be made to the local Magistrates’ court within 21 days of notice of the Licensing Authority’s decision. However, no appeal may be brought later than five working days before the day on which the event begins.
Please contact us for basic advice, alternatively you may wish to consider seeking independent licensing advice.
Tacit Consent
Tacit Consent does apply to TENs.
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 target completion period. For Wealden District Council the target completion period for a TEN is 10 working days from receipt of the application.
Outdoor Event Safety
The following links relate to advice for outdoor music events but the general principles will apply to other events.