Alcohol and Entertainment

Temporary Event Notices

This page gives you information about applying for a Temporary Event Notice under the Licensing Act 2003. You will find details on how to apply including application forms, information about any application fee and any necessary conditions that must be met. You can apply for many of our licenses on-line.

The Licensing Act 2003

Under the Licensing Act 2003 an authorisation is required when you provide or offer licensable activities. Licensable activities are defined as the:

  • sale or supply of alcohol
  • provision of regulated entertainment
  • provision of late night refreshment

The sale or supply of alcohol includes both sales for consumption on and off the premises.

For a Temporary Event Notice the provision of regulated entertainment is defined as any of the following activities that takes place in the presence of an audience for the entertainment of that audience and are provided with a view to profit from:

  • boxing or wrestling
  • an exhibition of a film (this does not include live feed television i.e. sporting events)
  • adult entertainment (for example lap-dancing)
  • playing of recorded music if not in a licensed premises (licensed for the sale of alcohol, and selling it at the time) between 11pm and 8am
  • unamplified live music between 11pm and 8am
  • amplified live music (including karaoke) if not in a licensed premises (licensed for the sale of alcohol, and selling it at the time) between 11pm and 8am
  • performance of dance - between 11pm and 8am
  • performance of a play - between 11pm and 8am
  • indoor sporting events - between 11pm and 8am

The provision of late night refreshment is the sale of hot food and/or hot (non-alcoholic) drink whether for consumption on or off the premises to the public between 11pm and 5am.

Under the Licensing Act 2003 it is possible to submit a temporary event notice to authorize the above activities on a one-off or occasional basis. "Premises" for the purposes of the Act means any place, whether indoors or outdoors. For example, it could cover part of a park or a street as well as a building.

About Temporary Event Notices (TENs)

A Temporary Event Notice can be used to authorise events on a one-off or occasional basis involving no more than 499 persons.

They can be used to carry out activities at unlicensed premises such as community, school and charity fundraising events for example to have a pay bar or the performance of a play.

They may also be used to increase the scope of the licence at existing licensed premises such as allowing additional activities or to extend the hours of existing activities.

No permission is required for these types of events. However, the Licensing Authority must be notified of the event in the form of a Temporary Event Notice. Unless you submit an electronic online application the Police and Environmental Health must also be served with a copy of your notice.

Eligibility criteria

TENs are subject to the following personal restrictions:

  • you must be aged 18 years or older to give a TEN
  • you can give a maximum of 5 TENs per calendar year of which 2 can be late TENs
  • if you hold a personal licence under the Licensing Act 2003, you can give a maximum of 50 TENs per calendar year of which 10 can be late TENs
  • restrictions apply where the applicant is an "associated person" of someone who has already held a TEN, including spouses, close relations, agents and employees, and their spouses. The word "spouse" also includes someone living with the notice giver

TENs are also subject to other maximum limits:

  • the scale of the event in terms of the maximum number of people attending at any one time (including staff and performers); must be fewer than 500
  • the length of time an event can last; no more than 168 hours (7 days)
  • the number of times a temporary event notice may be given for any particular premises; can not exceed 15 times per calendar year
  • the maximum total duration of the periods covered by TENs at any particular premises; can not exceed 21 days in any calendar year. Note: A day means a period of 24 hours beginning at midnight (and cannot be taken as any 24 hour period). A calendar year commences on the 1st January and ends on the 31st December
  • there must be a minimum of 24 hours between an event you organise and the start or finish of another TEN you organise at the same premises.

The police and environmental health may object to a temporary event notice on the grounds of the 4 licensing objectives (the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm).

If an event is expected to attract more than 499 persons, or last longer than 168 hours, or if it is intended to use the same premises to provide licensable activities on more than 15 occasions or 21 days per year, a premises licence will be required.

How to give a Temporary Event Notice

Temporary Event Notices must be given, in a prescribed format, to the Licensing Authority, Police and Environmental Health. The notice must be received:

  • at least 10 full working days before the first day of the proposed event for the notice to be treated as a standard TEN. For the avoidance of doubt the Licensing Authority, Police and Environmental Health must receive the notice at least 10 working days before the start of the event. Please note that the 10 working days do not include the day of receipt or the day of the event. A working day is classed as any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales
  • at least 5 full working days before the first day of the proposed event for the notice to be treated as a late TEN. This does not include the day of receipt or the day of the event. A working day is classed as any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales. If an application is received less than 5 working days before the event it will be rejected.

The event organiser (also known as the 'premises user') can make their application in one of two ways:

Apply online for a Temporary Event Notice

  • complete the form online
  • save a copy of the completed form for your own records
  • make the payment of £21 using a debit or credit card
  • you do not need to send additional copies to us or the Police or Environmental Health when you make an online application, as we will fulfil these requirements.  

Apply by printing and completing the Temporary Event Notice form

  • complete the form
  • keep a copy of the completed form for your own records
  • make the payment of £21 using a debit or credit card
  • send a copy of the completed form to:

Licensing

London Borough of Sutton
24 Denmark Road
Carshalton
Surrey
SM5 2JG

Email: licensing@sutton.gov.uk

Send further copies to the Police and Environmental Health at:

Police

Licensing Section
Sutton Police Station
6 Carshalton Road
Sutton
SM1 4RF

Tel: 020 8649 0793

Email: zt-licensing@met.police.uk

Noise and Complaints Team

Enforcement
Environmental Health Team
London Borough of Sutton
24 Denmark Road
Carshalton
SM5 2JG

Tel: 020 8770 5000

Email: EnvironmentalHealth@sutton.gov.uk

You are advised wherever possible to give at least 28 days' notice.

What happens next?

The Council will validate the TEN to ensure that the notification is completed correctly and within the prescribed limits. We will acknowledge the receipt of your TEN. However the Police and Environmental Health can object to your TEN if they consider the event would undermine any of the four licensing objectives. To object they must give an objection notice within 3 working days to the licensing authority and you the applicant.

In the case of a 'standard TEN', if the Police or Environmental Health objects, the licensing authority must hold a hearing to consider the objection notice, unless the premises user, the police and the licensing section all agree that a hearing is not necessary. The licensing authority may issue a counter notice prohibiting the event if it considers it necessary for the promotion of the four licensing objectives. A decision must be made at least 24 hours before the beginning of the event.

In the case of a 'late TEN' if an objection is received a counter notice prohibiting the event will be served and the event will not go ahead.

The Police and Environmental Health may modify the TEN with the consent of the premises user. In such a case an objection notice will be deemed to have been withdrawn. The licensing authority may also issue a notice prohibiting the event if the prescribed limits have been exceeded.

Will tacit consent apply?

Yes. This means that you will be able to act as though your application is granted if the above timescales have not been met.

What can I do if my application is refused?

If, as a result of an objection from the Police or Environmental Health, the licensing authority issues a counter notice prohibiting an event, the premises user has the right to appeal within 21 days.

Appeals must be made to:

Croydon Magistrates Court
Barclay Road
Croydon CR9 3NG

DX 97474 Croydon 6 / Court number 2732

gl-southgroupmcenq@hmcts.gsi.gov.uk

Tel: 020 8686 8680

However, an appeal may not be brought later than five working days before the day of the planned event.

There is no right of appeal where a counter notice has been issued because limits have been exceeded. If you are unhappy about the decision, please contact the licensing team:

Post:

Licensing
London Borough of Sutton
24 Denmark Road
Carshalton
Surrey
SM5 2JG

Right of appeal by police and Environmental Health Authority

If a licensing authority decides not to issue a counter notice in relation to an objection notice, the Police and Environmental Health can appeal the decision to the local Magistrates' Court (details above) within 21 days. An appeal may not be brought later than five working days before the day of the planned event.

Additional considerations

All events held under Temporary Event Notices must also comply with a number of other legal and regulatory requirements. Please see Additional considerations for further information.

The last dates for submitting a TEN is as follows:-

Easter (Good Friday 30 March, Easter 01 April and Easter Monday 02 April 2018:)

15 March 2018 and Late TEN 22 March 2018

May Bank Holidays:

07 May 2018: 20 April 2018 and Late TEN 27 April 2018

28 May 2018: 11 May 2018 and Late TEN 18 May 2018

August Bank Holiday:

28 August 2018: 10 August 2018 and Late TEN 17 August 2018

Christmas

25 December 2017: ‚Äč08 December 2017 and Late TEN 15 December 2017
 
New Year
01 January 2018: 13 December 2017 and Late TEN 20 December 2017

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