What is a Temporary Event Notice (TEN)?
A TEN can be used for small-scale occasional open air and indoor events where the expected attendance is no more than 499 persons at any one time, including performers and stewards, and last a maximum of 168 hours.
A maximum of 15 TENs can be given in respect of one particular premise per calendar year, totalling 21 days. There must be a minimum of 24 hours between events at the same premises.
A TEN can be used for the following Licensable Activities:
- the sale of alcohol by retail
- the supply of alcohol by or on behalf of a club or to the order of a member of a club
- the provision of regulated entertainment
- the provision of late night refreshment
A TEN must be served on the Licensing Council, together with the relevant fee, and a copy served on Gwent Police and the Council’s Environmental Health Officer a minimum of ten working days prior to the day of the event. Late TENs can be served in exceptional circumstances, between five and nine days before the date of an event.
What legislation controls TENs?
Who can submit a TEN?
Any person over the age of 18, normally the event organiser (known as the premises user) can submit up to 5 TENs per calendar year, and/or up to 2 late TENs. Personal licence holders can submit up to 50 TENs and/or up to 5 late TENs per calendar year.
What is the procedure for dealing with a TEN and how much does it cost?
The event organiser must serve the TEN on the Council, together with the fee of £21, and serve a copy to the Chief Officer of Police and the Environmental Health Officer for the area/s in which the premises is situated (large open spaces may cross the borders of more than one local or Police authority).
The Chief Officer of Police and Environmental Health Officer can intervene to prevent an event covered by a TEN if they are of the opinion that it will undermine any of the four licensing objectives. If no objections are received, the event can go ahead as planned.
If they are satisfied that if the event took place, it would undermine any of the licensing objectives. They must give an objection notice to the Council and the premises user within three working days of receiving the TEN. The Council must then hold a hearing, at least 24 hours before the start of the event, to consider the objection notice unless the Police, Environmental Health Officer, the premises user and the Council decide that a hearing is not necessary and the TEN has been modified. Alternatively, the Council must give the premises user a counter notice if it is considered necessary to promote the licensing objectives, at least 24 hours before the event starts. All parties will be notified in writing, giving the reasons for the decision that the Council makes. However, if objections are received in respect of a late TEN, the event cannot go ahead.
Can I submit a TEN online?
Can I appeal if my application is refused?
If the Council issues a counter notice following receipt of an objection notice, the premises user may appeal to the Magistrates’ Court within 21 days of being notified of the decision. However, an appeal cannot be brought later than five working days before the date the event starts.
If the Council does not issue a counter notice following an objection notice, the Police and Environmental Health can object to the Magistrates’ Court within 21 days from being notified of the decision but not later than five days before the date on which the event starts.
If you have a complaint regarding an event where a TEN has been issued, or should have been issued, please contact the Council’s Licensing Team on 01495 355485.