Temporary event notice
The Licensing Act 2003 provides for a temporary event notice (a "TEN") to be given to permit any of the licensable activities to take place, subject to restrictions, at a location over a period not exceeding 168 hours.
What are Temporary Event Notices?
Temporary event notices (TENs) are a system to allow the any or all of the licensable activities (sale or supply of alcohol, regulated entertainment and late night refreshment) at any place.
Please see the TEN Guidance Notes below for further information.
What is the procedure?
Notice must be given in writing in the prescribed form (see below) to:
the council (the licensing authority) (together with the fee of £21.00) to Licensing Team, PO Box 1767, Southampton SO18 9LA
Police Licensing Unit, Hampshire Constabulary, Civic Centre, Southampton SO14 7LY
Environmental Health, Eastleigh Borough Council, Eastleigh House, Upper Market Street, Eastleigh SO50 9YN.
There are two types of TENs, "standard" and "late"
- Standard TENs must be received by the licensing authority, police and environmental health at the addresses in the guidance below at least 10 clear working days before the event starts.
- Late TENs must be received by the licensing authority, police and environmental health at the addresses in the guidance below no earlier than 9 working days and no later than 5 working days before the event starts.
The calculation of the required period of notice therefore excludes Saturdays, Sundays, Christmas Day, Good Friday, bank holidays, the day of service of the notice and the day (or first day) of the event. This period of notice is specified in law and there is no discretion to accept a shorter period of notice in any circumstances. "Working day" is clearly defined in section 193 of the Licensing Act 2003.
If your TEN is for an event wholly or partly in the open air, please submit a scale plan clearly identifying the area to be used with your notice to the licensing team, police and environmental health. The scale need not be 1:100, but it must clearly show the location and delineate the area intended to be used.
Are there restrictions on TENs?
The legislation restricts several important aspects of TENs; these include:
- No more than 499 people at any one time (including performers, staff etc.) may attend an event authorised by a TEN
- Each TEN may only last for maximum period of 168 hours
- No more than 15 TENs may be given in a calendar year for particular premises
- TENs may only authorise events at particular premises for a maximum of 21 days per calendar year
- There must be an interval of not less than 24 hours between TENs at particular premises
- The individual giving the TEN must be over 18
- An individual may not give more than 5 TENs in one calendar year, of which no more than 2 may be "late" TENs
- If an individual holds a personal licence for the sale of alcohol, the limits are 50 TENs of which no more than 10 may be "late" TENs
- On receipt of a TEN, if the proposed event is not within the restrictions, a counter notice will be issued and the event will not be authorised.
It is possible to give a TEN for any premises, including those which already have premises licences or club premises certificates. The TEN will need to state the dates and times when licensable activities are to take place.
How can I send my TEN?
Please note that service of TENs in person on the licensing authority, police and environmental health will only be possible during office hours, Monday to Friday. Please do not attempt to serve your TEN elsewhere, as it will only be deemed to be received when it reaches the licensing team and the other authorities. If the documents are posted, please ensure that the correct postage is prepaid - we are unable to accept post with outstanding charges. See the Royal Mail web site for further information.
A longer period of notice may assist, especially if there is a defect in the notice or if objection by the police or environmental health is likely, but notices too far in advance (more than six months) may be difficult for the police and environmental health to assess and might lead to objections that could otherwise be avoided.
TENs will be acknowledged by the licensing team to the person giving the TEN.
Who can object?
Only the police and environmental health may object to a TEN, and only on grounds related to one or more of the licensing objectives - crime and disorder, public safety, prevention of public nuisance or the protection of children from harm.
They have three working days to do so after the service of the TEN on them (see the definition of "working days" above). If there is an objection to a standard TEN, notice of a hearing by the council's Licensing Panel will be given. The Panel can decide to uphold or dismiss the objection and can impose conditions.
An objection to a late TEN by the Police or Environmental Health requires the Licensing Authority to issue a counter notice and the late TEN will be of no effect. There is no right to a hearing by the Licensing Authority or any appeal.
Is there a right of appeal?
If the licensing authority decides to issue a counter notice in relation to a standard TEN, a premises user can appeal against the decision. Equally, if the licensing authority decides not to issue an objection notice in relation to a standard TEN the police or environmental health can appeal the decision. Appeals must be made to the local Magistrates' court within 21 days. An appeal may not be brought later than five working days before the day of the planned event. No appeal is possible against a counter notice resulting from an objection to a late TEN by the Police or Environmental Health..
General Data Protection
The Council has a duty to protect the public funds it administers and may use the information you have provided or share it with other bodies for the purpose of preventing and detecting fraud. This includes participation in the Cabinet Office National Fraud Initiative. The National Fraud Initiative (NFI) is an exercise that matches electronic data within and between public and private sector bodies to prevent and detect fraud.
Contacting the Licensing Team
Please note that these functions are administered by Southampton City Council's licensing team on behalf of Eastleigh Borough Council.
Telephone: 023 8083 3002 (option 4, then option 1)
Fax: 023 8083 4061
Southampton and Eastleigh Licensing Partnership
PO Box 1767
Southampton and Eastleigh Licensing Partnership
Document Exchange: DX 115710 Southampton 17
Members of the Licensing Team are normally available on weekdays at the Civic Centre, Southampton, from 9am to 12pm and from 2pm to 4pm to assist personal callers.