TEN stands for Temporary Event Notice. A TEN is a notice that gives you permission to hold a small public event (up to 499 people) involving licensable activities, such as the sale of alcohol, without any further authorisation.
There are four Licensing Objectives that applications must look to promote. These are:
Each objective is of equal importance.
If you plan to hold an event that includes any of these ‘licensable activities’ on unlicensed premises in England or Wales then you will need a TEN. The process of applying is formally known as ‘serving’ a Temporary Event Notice. You’ll also need a TEN if a particular licensable activity is not included in the terms of an existing Premises licence.
Licensable activity includes:
As a result of deregulatory changes that amended the 2003 Act, NO LICENCE IS REQUIRED for the following activities:
You need a TEN for each event you hold on the same premises. You can get up to five TENs a year. If you already have a personal licence to sell alcohol, you can be given up to 50 TENs a year. A single premises can have up to 15 TENs applied for in one year, as long as the total length of the events is not more than 21 days.
Under a TEN, an event can last for up to a maximum of 168 hours. This relates to the period during which the licensable activities can be carried on, and does not relate to the preparation and setting-up time, packing away or clearing up time. The same premises cannot be used on more than 15 occasions in any calendar year. In addition, each premises is subject to an aggregate of 21 days’ use, irrespective of the number of individual occasions on which they have been used. There must be a minimum of 24 hours between events at the same premises.
Contact your local Council to apply for a TEN if you want to carry out a ‘licensable activity’ on unlicensed premises in England or Wales. The application process can usually be completed online.
The person who applies should be the one who will be responsible at the event to ensure the licensing objectives are met. If the event is a PTA event, a PTA representative should apply.
There are two types of TENs you can apply for. A standard TEN, which needs to be applied for at least 10 full working days before the event. Or a late TEN, which can be applied for between five and nine full working days prior to your event. It’s best to apply for your TEN well in advance if you’re able to, as a late TEN is only used in emergencies. The day count used in the above does not include the day of application and the day of the event. Public holidays are not included as working days, and the onus for any delays in delivery of your application to the licensing office remains on the applicant. With a late TEN, if there are any objections to the event by the police or environmental health then there is no right to appeal and the event will not be able to ahead.
A TEN costs £21.
Your event would still be classed as the ‘supply of alcohol’, defined in the Licensing Act as: ‘the sale by retail of alcohol, or the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.’ This ‘sale’ includes prepaying for a ticket then getting a ‘free’ alcoholic drink as part of an all-inclusive ticket. Alcohol is only ‘free’ if it is given away with no conditions attached. The low cost of a TEN means it isn’t worth trying to find a way to circumvent the laws. If you do not have a TEN and carry out an activity that you should have a licence for (or allow your premises to be used for one), you can be fined, sent to prison for up to 6 months, or both.
Contact your local Licensing Authority immediately as a TEN will not cover you for your event. The limit for participants under the authority of a TEN is 499 and that includes staff. You may need to apply for a Premises Licence for a big event. Allow a minimum of two months from applying for a Premises Licence to it being granted. This allows for a 28-day consultation process and a Licensing Committee Hearing if there are objections to the licence.
A Premises Licence covers the school or PTA for any number of events up to 5,000 people. If you want a Premises License for regulated entertainment only and do not have the sale of alcohol included as an authorised activity, there is no fee. Many schools already have this, so it’s worth checking. All the applications include a 28-day consultation process. This involves you copying your application to the ‘Responsible Authorities’, which are bodies such as the police, trading standards, the fire brigade, environmental health, etc. A public notice would be placed at the school and in a local newspaper. If you include the provision of alcohol on the licence you will need a DPS (Designated Premises Supervisor). There is an application fee and then an annual fee, which is due to keep the licence valid. Generally, Premises Licences do not expire unless they are for specific events.