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Your Starter for “TEN”: Temporary Event Notices (TENs)
By Christopher J Sherliker

TENs can be used to:

  • Add required licensable activities
  • Extend the hours that can be provided
  • Run licensable activities on unlicensed premises

You are required to give at least ten clear working days’ notice for all TENs.

Section 193 of the Licensing Act defines “working day” as any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

Ten working days’ notice means ten working days exclusive of the day on which the event is to start, and exclusive of the day on which the notice is given.

It is an offence to carry out a licensable activity without an appropriate licence, which carries a penalty of a fine not exceeding £20,000. Remember, that all of the following are licensable activities:

  • Sale or supply of alcohol
  • Regulated entertainment, such as music, singing or dancing
  • Supply of late night refreshment (hot food or drink between 11pm and 5am)

An individual who does not hold a Personal Licence under the Licensing Act 2003 is permitted five TENs in a calendar year, while Personal Licence holders are allowed fifty TENs a year.

All premises are limited to twelve TENs in a calendar year. While a TEN can last up to 96 hours, the twelve TENs cannot exceed fifteen days in total each calendar year.

A TEN can be used not just to extend your terminal hour, but also to add activities not currently on your licence (such as regulated entertainment). However, it can only be used when the number of individuals at the event (including performers) does not exceed 499 persons at any one time.

There must be a minimum of 24 hours between TENs.

Who can Object?

Only the police can intervene to prevent an event covered by a TEN taking place or agree a modification of the arrangements for such an event, and then only on crime prevention grounds.

However, powers are given in the Act to the police to close premises in certain cases of disorder or noise nuisance and these powers extend to premises where there is a TEN in effect.

If you wish us to make any TEN applications on your behalf, we offer competitive fixed fees, but before you do … please check you have left enough time to apply for a TEN.

The last date for a TEN for an event on New Year’s Eve was 14th December 2010.

However, do not despair, if you already hold a Premises Licence, you are automatically authorised to carry on your party all night on New Year’s Eve, up until your normal opening hours on New Year’s Day (unless this is specifically excluded).

Added: 20th December 2010

Christopher J Sherliker is a partner for Silverman Sherliker LLP who provide legal solutions across a spectrum of requirements.  Find out more about Silverman Sherliker LLP.

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