and apply for a Temporary Event Notice (TEN)
Please ensure you have read the Introduction to the Licensing Act 2003 before applying.
The Licensing Act 2003 utilises a 'light touch' system to permit temporary activities. This replaces the old occasional licences and occasional permissions previously granted in connection with short-term alcohol and public entertainment licensing.
The system involves an event organiser, or premises user, simply giving a Temporary Event Notice (TEN) to the licensing authority.
For Southwick, Shoreham & Lancing the licensing authority is Adur District Council and for the borough of Worthing this is Worthing Borough Council. Copies of the Notice must be served on the same day, by the organiser, on Sussex Police and Adur & Worthing Council Services Environmental Protection Team.
This system allows relatively small-scale 'ad-hoc' events to be held at venues where no premises licence is in place or where the terms of a premises licence would not normally allow the event. A TEN can only be used where:
- Less than 500 people are likely to attend, and
- Lasts for less than 168 hours or 7 days
Any venue, indoors or outdoors, can host 15 such events, or an aggregate of up to 21 days of licensable activity, per calendar year. There must be a minimum of 24 hours between events notified by a premises' user, or associates of that premises' user, in respect of the same premises.
Please note: The Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021 (The Regulations) have now been approved by Parliament and are in force. The Regulations have amended the limits prescribed by the Licensing Act to increase the allowance for temporary event notices from 15 to 20 and increase the maximum number of days on which temporary events may be held from 21 to 26. This increase only applies in the years 2022 and 2023.
Someone who holds a personal licence is able to serve up to 50 TENs a year, including up to 10 late TENs, at a variety of premises.
A non-personal licence holder is able to serve up to 5 TENs, including up to 2 late TENs, a year. The notice includes details of the event, the applicant and the licensable activities proposed.
For more information on TENs please see our Frequently Asked Questions (below).
The standard TEN has to be served on the authorities at least 10 clear working days before an event. Sussex Police and the Environmental Protection Team have the right to serve a notice of objection if they have concerns. This can result in a hearing by the Licensing Committee.
At such a hearing the committee will hear the case of all parties and may approve the event, refuse the event, or where a licensed premise is being used - impose some or all of the conditions present on the premises licence onto the TEN.
The late TEN can be served not less than 5 clear working days before the event, but if Sussex Police or the Environmental Protection Team make objection to a late TEN then the notice will not be valid, and the event cannot go ahead. There is no right to a hearing in such circumstances.
The fee for a TEN is £21. Anyone aged 18 or over can serve a TEN.
See also: Licensing Act 2003 Fees
To apply for a Temporary Event Notice:
Or download and use the paper form below:
- Temporary Event Notices - Application form - to type into - Jan 22 (71KB)
- Temporary Event Notices - Application form - to hand write - Jan 22 (788KB)
What penalties may apply if I don't have a TEN and carry out an activity (or allow my premises to be used for an activity) that should have a licence?
Section 136(1) of the Licensing Act 2003 - Unauthorised Licensable Activities - states:
A person commits an offence if:
(a) he/she carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or
(b) he/she knowingly allows a licensable activity to be so carried on.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine of any (unlimited) amount, or to both.
Yes, as long as you are 18 or over, you can give a maximum of 5 TENs in any calendar year. A personal licence holder can give a maximum of 50 TENs per calendar year.
There is nothing to prevent simultaneous notification of multiple events at a single time provided the limits on the use of TENs are observed. However, each event to which a notice relates will require a separate £21 fee.
The 'premises user' is the individual who must give the temporary event notice.
You must give a notice in duplicate, at least 10 working days prior to the day on which the event period begins, to the relevant licensing authority, Worthing Borough Council, together with the fee of £21. You must also send a copy of the notice to the relevant chief officer of Sussex Police (again at least 10 working days prior to the day on which the event period begins). The notice must be in the prescribed form and contain a statement of:
- the licensable activities that will take place
- the period during which it is proposed to use the premises for those activities
- the times during the event period when licensable activities are to take place
- the maximum number of persons to be allowed on the premises at any one time (not exceeding 499)
- if the supply of alcohol is involved, whether the supplies will be for consumption on or off the premises or both
- where the licensable activities include the supply of alcohol, the condition that all such supplies are made by or under the authority of the premises user
- other matters prescribed by the Secretary of State in regulations
The temporary event notice form prescribed in regulations by the Secretary of State is available in the apply for a Temporary Event Notice section (above).
If the TEN is within the limits of permitted temporary activities, and the police have not intervened to prevent the event happening, or have agreed a modification of the arrangements for the event, WBC's Licensing Unit will issue acknowledgement of the TEN. There is no requirement for the police to acknowledge the notice as well.
If the temporary event notice exceeds the permitted limits the Licensing Unit will give the premises user a counter notice, copied to the police, preventing the event from taking place.
If the police are satisfied that allowing the premises to be used in accordance with the TEN would undermine the licensing objective on preventing crime and disorder, they must, no later than 2 clear working days after being given a copy of the TEN, give the premises user and the licensing authority, Worthing Borough Council, an objection notice. The authority must then hold a hearing to consider the notice no later than 24 hours before the beginning of the event period specified in the TEN (unless all parties agree this is unnecessary) and, having regard to the notice, will issue a counter notice if it considers it necessary for the promotion of the crime prevention objective to do so. Again, this will mean that the event cannot go ahead.
The TEN can be modified by the police with the agreement of the premises' user prior to the consideration of the objection notice by the licensing authority. In this case the objection notice is to be treated as having been withdrawn, and the 2003 Act will apply to the TEN as modified.
If the TEN is within the limits of permitted temporary activities, and the police have not intervened to prevent the event happening, or have agreed a modification of the arrangements for the event, the licensing authority must issue acknowledgement of the TEN. There is no requirement for the police to acknowledge the notice as well.
If the temporary event notice exceeds the permitted limits the licensing authority, Adur & Worthing Councils' Licensing Unit, must give the premises user a counter notice, copied to the police, preventing the event from taking place.
If the police are satisfied that allowing the premises to be used in accordance with the TEN would undermine the licensing objective on preventing crime and disorder, they must, no later than 2 clear working days after being given a copy of the TEN, give the premises user and the licensing authority an objection notice. The council must then hold a hearing to consider the notice no later than 24 hours before the beginning of the event period specified in the TEN (unless all parties agree this is unnecessary) and, having regard to the notice, will issue a counter notice if it considers it necessary for the promotion of the crime prevention objective to do so. Again, this will mean that the event cannot go ahead.
The TEN can be modified by the police with the agreement of the premises user prior to the consideration of the objection notice by the licensing authority, in which case the objection notice is to be treated as having been withdrawn, and the 2003 Act will apply to the TEN as modified.
Where Sussex Police have objected to a TEN and it has been modified with the agreement of the premises' user, the police must give a copy of the modified notice to the licensing authority, Adur & Worthing Councils before a hearing is held.
A temporary event notice may be withdrawn by the 'premises user' by giving the licensing authority a notice to that effect no later than 24 hours before the beginning of the event period specified in the temporary event notice.
Yes. If you wish, for example, to use your pub for an event involving the provision of regulated entertainment, eg for a wedding, where the pub's premises licence does not authorise such a provision of regulated entertainment, it may be authorised by a TEN. However do not forget that the limits in relation to permitted temporary activities will apply.
Yes, as long as you ensure that the number of people on the premises during the event period authorised by the TEN does not exceed 499 at any one time. If you think that more than 499 people will attend the event you will need to apply for a premises licence to cover the event. Otherwise, if this limit is exceeded, the event will be unauthorised and the premises' user liable to prosecution.
Yes. A TEN can be given in respect of both indoor and outdoor events. "Premises" for the purposes of the Act means any place, whether indoors or outdoors. For example, it could cover a town square, part of a park, or a street. But remember the limits in relation to permitted temporary activities (for example the number of people who can be on the premises at any one time) will apply.
Where the relevant licensable activities include the supply of alcohol, the notice must make it a condition of using the premises for such supplies, that all such supplies are made by or under the authority of the premises' user, ie the person who applied for the TEN.
No. Only the police and councils' environmental health team can intervene to prevent an event covered by a TEN taking place or agree a modification of the arrangements for such an event and then only if the staging of the event would undermine the licensing objectives. However, only a limited number of TENs can be given in respect of any particular premises each year, and the powers given in the Act to the police to close premises in certain cases of disorder or noise nuisance extend to premises in respect of which a TEN has effect.
The Secretary of State has powers under the Act to increase or decrease by order, limits placed on TENs. The limits may therefore be amended if, in the light of experience, it proves that there needs to be an adjustment.
What powers do the police and licensing authorities have to stop a temporary event once it has started?
Police have the power to seek a court order to close premises for up to 24 hours in a geographical area that is experiencing or likely to experience disorder. Police also have the power to close down instantly for up to 24 hours, premises in respect of which a temporary event notice has effect, that are disorderly, likely to become disorderly or are causing nuisance as a result of noise from the premises. Such orders may only be made where it is necessary in the interest of public safety in cases of disorder or to prevent nuisance in the case of noise coming from the premises.
Licensing authorities have no power under the Licensing Act 2003 to stop permitted temporary events once they have started. However, a local authority has powers under other legislation, such as powers to deal with a statutory nuisance, and can, under the Anti-Social Behaviour Act 2003, issue a closure notice for up to 24 hours when noise nuisance is being caused at an event being authorised by a temporary event notice.
The premises' user must either:
- secure that a copy of the TEN is prominently displayed at the premises being used for the permitted temporary activity
- secure that the TEN is kept at the premises in his custody
- secure that the TEN is kept at the premises in the custody of a person who is present and working at the premises and whom he has nominated for
- this purpose (and if this is the case, secure that a notice specifying this fact and the position held at the premises by that person is prominently displayed at the premises)
Where a TEN is lost, stolen, damaged or destroyed, the premises' user may apply to the licensing authority for a copy of the notice. No application may be made more than a month after the end of the event period specified in the notice. Any application must be accompanied by the prescribed fee.
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Licensing Unit, Public Health & Regulation
Page last updated: 06 December 2022