Temporary Events Notice
Before an ad-hoc event including licensable activities takes place in England or Wales, the local licensing authority (for the place where the activities are planned to take place) must be given Notice that "licensable activities" are planned.
A Temporary Event Notice should be submitted.
It is an offence to offer unauthorised licensable activities, punishable on conviction by a fine of up to £20,000 and or six months' imprisonment.
Such activities can include the sale of alcohol, but the premises user does not need a Personal Licence. Unlike a Premises Licence, you do not have to advertise the application.
The Police and Environmental Health can object to a Temporary Event Notice, on the grounds of the four licensing objectives; the prevention of crime and disorder, the prevention of public nuisance, Public safety and protection of children from harm. If they do object, the event cannot go ahead unless it is possible to find a solution by negotiation. If a solution cannot be found, the case will go to a hearing to be determined.
Procedure for Submitting a Temporary Event Notice
Please note that a TEN notice must be given ten clear working days (being Monday - Friday) before the event. Section 193 of the Act defines "working day" as any day other than a Saturday, a Sunday, Christmas Day, Good Friday, or a day which is a bank holiday.
Late applications for Temporary Event Notices given between nine and five clear working days before the event will be accepted. However if an objection is received from the Police or Environmental Health the notice will automatically be refused by way of a counter notice being issued by the Licensing Authority. For limits on the number of late Temporary Event Notices allowed per calendar year please see the relevant section further down the page.
The premises user is required to send three copies of the Notice in total. one to the Licensing Authority, one copy to the Police and one copy to Environmental Health at least ten working days before the event will start.
The Police and Environmental Health have three working days to object to notices upon receipt of their copy of the Temporary Event Notice. If an objection is received, a hearing will be held within seven working days of the deadline, on a date set by the Licensing Authority. The Licensing Authority has discretion to apply existing licence conditions (if the premises in question already has a Premises licence) if an objection is received. If an objection is received for a late Temporary Event Notice, the notice will be refused and the Licensing Authority will issue a counter notice. There will be no hearing for late Temporary Event Notices where an objection is received.
Limits on the use of Temporary Event Notices
Anyone aged 18 or over can give a maximum of five Temporary Event Notices per year. Personal licence holders can give a maximum of fifty Temporary Event Notices per year.
Temporary Event Notices are subject to other maximum limits, as set out below.
Each event covered by a Temporary Event Notice can last up to 168 hours and no more than twelve Temporary Event Notices can be given in respect of any particular premises in any year, subject to a maximum aggregate duration of the periods covered by Temporary Event Notices at any individual premises of 21 days in any year. There must be a minimum of 24 hours between events notified by a premises user or associates of that premises user in respect of the same premises.
Limits on the use of Late Temporary Event Notices
Anyone over the age of 18 can submit two Late Temporary Event Notices in a calendar year. A Personal Licence holder can submit ten but the above restrictions in relation to days the events cover still apply.
Using Temporary Event Notices for a series of events
It will be possible to send a series of Temporary Event Notices together (for the academic year, for example) provided that the first of the events is at least ten working days from the sending date.
Temporary Event Notices cannot be used for events of more than 500 people. If you are planning such an event, you will need to obtain a Premises Licence if the premises are not already licensed. Please contact the Licensing Authority to discuss the requirements further.
If you would like further information or have any questions please click here contact the PLAS team.