When should you get a Temporary Events Notice?
TENs can be used to authorise relatively small-scale ad hoc events held in or on any premises involving no more than 499 people at any one time.
A Temporary Events Notice (TEN) allows you to hold a licensable activity at a venue that is not currently licensed, or to hold or extend activities your existing licence does not permit.
This would include, for example:
Selling alcohol at a village hall that only holds a premises licence to cover regulated entertainment
Providing regulated entertainment at a pub where the current licence does not permit this
Staying open late to sell hot food on a special occasion (for example, New Years Eve)
Selling alcohol after the hours your normal licence permits, for example, for a special occasion
An amateur dramatics group putting on a play in unlicensed premises
What restrictions apply?
Restrictions that apply to the duration of the TEN:
- Have less than 500 people at any one time – including staff running the event
- Last no more than 168 hours, or 7 days
- You must be at least 18 years of age to apply for a Temporary Event Notice.
Restrictions on the number of TENs:
- You will need a TEN for each event you hold on the same premises
- You can get up to 5 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 12 notices applied for in 1 year, as long as:
- The total length of the events is not more than 21 days
- There are not more than 5 applications from any one person for the premises
If your event exceeds these restrictions you will need to apply for a Premises Licence, and if that licence permits the sale of alcohol you will also need to nominate a Personal Licence holder as the designated premises supervisor.
How long does it take to get a TEN?
Generally, you will need to serve the notice on both the licensing authority and the police at least 10 clear working days before the day of the event (if it falls on a working day – Bank Holidays, Saturdays and Sundays are not considered as working days for this purpose).
NB: This means that the day of receipt of the notice (by the police and licensing authority) and the day of the event do not count towards the minimum 10 clear working days notice that must be served.
Roadside sales are controlled by Section 23 of the Local Government (Miscellaneous Provisions) Act 1982. Additionally, Section 147a of the Highways Act 1980 effectively prohibits roadside sales where it is likely to cause a danger to road users. There are a number of exemptions to Section 147a, including street trading which has been authorised under Schedule 4.
How can a council demand planning permission for Mobile Traders?
It is correct that planning permission is required by anyone wishing to change the designated use of a building or area under The Town and Country Planning Act 1990, but in our experts opinion, a small pitch on a car park such as a B&Q does not constitute a material change of use.
How do I stay compliant?
The first place to start, is to speak to the Local Authority in the area that you are trading or are going to trade to find out about their interpretation of the relevant legislation.
Be aware though, that this this is a very complicated issue which many councils are also unsure about. At NCASS we have access to some experts in the field of licensing, and can often clarify issues for members that would otherwise go unanswered or alternatively cost a huge amount of money in barristers fees.