An Idiots (or Musicians) Guide to Temporary Event Notices (“TEN”)

What is a TEN?

The TEN is a mechanism within the Licensing Act (2003) which allows anyone to organise an event that includes licensable activities. 

Licensable activities are:

• Supply of alcohol

• Provision of late night refreshment (hot food after 2300)

• Provision of Regulated Entertainment

Regulated entertainment includes the following: 

Plays, films, indoor sporting events, boxing or wrestling entertainment, live music, recorded music, performances of dance, and anything similar to live or recorded music and dance.

 

Limitations

TENs are subject to a fairly large number of limitations although they can be used almost anywhere – including places which already hold a licence of some kind. This particular provision allows pubs to extend their hours for special occasions for example. A TEN could also be used to hold a town concert by specifying a particular area which is to be licensed.

 

The limitations are:

 

• A personal licence holder may serve 50 TENs per year, non licence holders 5.

• A particular premise may only have 12 TENs per year.

• A TEN may last for no longer than 96 hours.

• The maximum aggregate duration of the periods covered by TENs at any single premise may not be more than 15 days.

• No more than 499 people may attend the event at any one time.

 

Applying for a TEN

TEN application forms can be acquired from your Local Authority’s Licensing Authority. The forms contain guidance which must be followed; otherwise the application will be rejected regardless of any excuses! A copy of the TEN must be served on the Licensing Authority and the Police simultaneously (as far as is practicable) and no less than 10 clear working days before the event is due to take place. Late applications will be rejected, again with no exceptions.

 

The process of serving a TEN is generally straightforward, although consultation with the Police Licensing Officer prior to the event can smooth the process further for complicated events. The Police are the only responsible authority that can serve a counter notice, should there be concerns over the potential for crime and disorder.

 

Cost

A TEN costs £21 which should be paid to the Licensing Authority rather than the Police.

 

Other options

Should the limitations regarding TENs be too onerous for a particular event that is being planned, the other option is to apply for a Temporary Premise Licence. It is worth noting however that this type of application includes a full consultation process with all of the Responsible Authorities – e.g. police, fire, ambulance service, trading standards, food and hygiene etc. which can last up to two months or more and may require Safety Advisory Groups to be formed.  The cost is also much larger than the £21 for a TEN and therefore TPLs are only really suitable for events such as festivals.

 

A PowerTrain hint: If in doubt, call your local Police Licensing Officer.  You may be surprised, but most are sympathetic to live music - in fact they spend some of their working lives attending such events.  This is often described as "weekend working" and don't we all wish we had a job like that?