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Temporary Event Notices (Permitted Temporary Activities)

Introduction

A Temporary Event Notice (TEN) is a notification served by an individual to New Forest District Council giving notice of an event involving licensable activities that is to take place.

Licensable activities are: -

  • The sale of alcohol by retail
  • The supply of alcohol by or on behalf of a club to, or to the order of, a member of a club
  • The provision of regulated entertainment (unless incidental or covered by the provisions of the Live Music Act 2012)
  • The provision of late night refreshment
    (i.e. The provision of hot food or drink for consumption on or off premises between 11pm & 5am.)

See Other useful links: at the bottom of this page.

Criteria

  • The person giving the Temporary Event Notice, the 'premises user' must be over 18 years old
  • Personal licence holders may give up to 50 notices per year (ie 50 temporary events including 10 late notices per year)
  • Non personal licence holders may only give up to five notices per year (ie 5 temporary events including 2 late notices per year)
  • Each event may last no more than 168 hours
  • No premises may be used more than fifteen times per calendar year.
  • No premises may be used for greater than 21 days per calendar year in total.
  • No more than 499 persons attending the event

Additional Limitations

There must be at least 24 hours between events notified by the premises user in respect of the same premises. In addition a TEN is treated as being from the same premises user even if it is given by an associate. The Act defines an associate as being a spouse, child, parent, grandchild, grandparent, brother or sister or their spouses or agent or employee of that person or their spouse.

In circumstances where the above criteria are not met a full Premises Licence will be required

Procedure for giving a Temporary Event Notice

The premise user will be required to submit an adobe icon application [587kb] to New Forest District Council Licensing Services and Environmental Health Departments and the Chief Officer of adobe icon Police [104kb].  Alternatively you may apply online on the Businesslink website.

The Council will encourage premises users where possible to give notice at least 28 days prior to the date of the event to ensure that there are no delays.


Objections

If the police or environmental health believe that allowing the event will undermine any of the licensing objectives they must, no later than 3 working days after being given a copy of the TEN, give the premises user and the Council an objection notice.

With the agreement of the notice giver the TEN can be modified in which case the objection notice can be withdrawn. If the objection notice is not withdrawn the Council must hold a hearing to consider the notice at least 24 hrs before the event.

Discussions prior to submitting a TEN

Where it is proposed to hold a major event, organisers are asked to contact the Council at an early stage before a formal notice is served. This will enable, if necessary, the formation of a Safety Advisory Group, to consider and discuss with organisers their operating schedule, risk assessments and management plans to avoid potential objections.

Planning Laws

The giving of a temporary event notice does not relieve the premises user from any requirements under planning law for appropriate planning permission where it is required.

Children

Under the Act it will be unlawful to allow any unaccompanied child under the age of 16 to be present on premises where the TEN is exclusively or primarily used for supply and consumption of alcohol.
It will also be unlawful to permit children under 16 not accompanied by an adult between midnight and 5 a.m. into any premises operating under a TEN supplying alcohol for consumption.

TENs for premises that already hold a Premises Licence

TENs can be given for premises that already hold a Premises Licence or a Club Premises Certificate. For example to use a pub for an event involving regulated entertainment, where the premises licence does not authorise such a provision of regulated entertainment. Also it could be used where the premises wants to stay open later than is specified on their Premises Licence for a particular event.

TENs (notes regarding Raffles, Tombola's etc.)

The giving of a sealed container of alcohol as a prize in a lottery will NOT be counted as a licensable activity with regard to the Licensing Act 2003 providing that all of the following conditions are met;

  • The lottery is promoted as incidental to a bazaar, sale of work, fete, dinner dance, sporting or athletic events or other entertainment of a similar character.
  • After the deduction of all relevant expenses none of the proceeds are used for private gain.
  • None of the prizes are money prizes.
  • The tickets or chances sold or issued and the result of the draw is announced at the time of, and in the same place as, the entertainment.
  • The lottery or draw is not the main inducement to attend the entertainment.

Expenses which are 'relevant' for the purposes of this section are those incurred in the course of arranging and holding the entertainment, and those in connection with the lottery or draw, including the printing of tickets and buying of prizes.

Other useful links:

docs icon Application for a Temporary Event Notice 190917 [200kb]

adobe icon Home Office guidance on Temporary Events [204kb]

adobe icon Incidental music [38kb]

adobe icon Live Music Act 2012 Summary [45kb]

adobe icon S182 Guidance (Regulated Entertainment) [254kb]

Updated: 26 Oct 2017
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