Temporary Event Notices (TENs) are submitted by the 'Premises User'. Any person can be a 'Premises User' and can issue a TEN in respect of any premises or area of land. A 'Premises User' does not have to hold a Personal Licence to authorise the supply of alcohol in conjunction with a TEN.
However, it should be noted that:-
- the same premises cannot be used on more than 15 occasions in a calendar year, but are subject to the overall aggregate of 21 days irrespective of the number of occasions on which they have been used. A Personal Licence holder is limited to giving 50 notices in one year, of which 10 may be late notices and any other person may give 5 notices in one year for, of which 2 may be late notices. The notice, together the fee, must be given to the Licensing Authority at least 10 working days before the event is held, with copies given at the same time to the police and environmental health. A late notice is explained below. The notice must contain details of:-
- the premises to be used
- the proposed licensable activities,
- the period (not exceeding 168 hours) during which it is proposed to use the premises,
- the times during that period when it is proposed for those licensable activities to take place,
- the maximum number of persons (being less than 500) it is proposed will be allowed on the premises during those times,
- where alcohol is to be supplied, whether it is for consumption on or off the premises, or both,
- the fee of £21.00.
If the application is made electronically it is only necessary for it to be given to the Licensing Authority. For notices given for events within the Rochford District Council’s area they should be given to:
- Senior Licensing Officer, Rochford District Council, Council Offices, South Street, Rochford, Essex, SS4 1BW
- Essex Police Licensing Unit (Alcohol), Braintree, Essex CM7 3DJ
- Environmental Health Manager, Rochford District Council, Council Offices, South Street, Rochford, Essex, SS4 1BW
A late TEN is one that is given to the Licensing Authority or other relevant persons no later than 5 working days but no earlier than 9 working days before the date of the event or to at least one of those persons no earlier than 9 working days. If it is an electronic application it is late if given no later than 5 working days. Any notice given less than 5 days before the date of the event will be refused.
An Objection Notice may be issued by the police or environmental health where they are satisfied that the proposed use of the premises would undermine one of the four licensing objectives, prevention of crime and disorder, public safety, prevention of public nuisance or the protection of children from harm.
On receipt of a TEN, the licensing authority must acknowledge receipt of the notice before the end of the first working day after the day of receipt (or the day after where the TEN is served on a weekend day)
The police and environmental health department have three working days to give an objection to a TEN where they consider that the proposed activities will undermine licensing objective,
Where an Objection Notice is given, the Licensing Authority must hold a hearing to consider the objection, unless it is agreed that it is unnecessary.
If an Objection Notice is given to a late TEN the Licensing Authority must serve a Counter Notice at least 24hrs before the start of the event.
The Licensing Authority must issue a Counter Notice where the limits mentioned in paragraph 2 are exceeded.