We're in the process of setting our budget for the 2020/21 financial year and are inviting residents, businesses and groups in the borough to have their say on our approach. To fill in the consultation questionnaire go to: https://www.allerdale.gov.uk/en/consultation/.
Temporary Event Notices
If you are holding an event which includes some licensable activities which are not covered by a premises licence, then you need to apply for a Temporary Event Notice (TEN).
These are very useful for one-off events, such as a wedding in a field with a marquee, or an event in a venue which does not have a licence already.
However, there are restrictions on when a TEN can be used and you do need to get the application in to us as soon as possible.
Restrictions on a TEN application
Your event must:
- have fewer than 500 people at all times – including staff running the event and performers
- last no more than 168 hours (7 days)
You must be at least 18 to apply for a TEN.
What are the licensable activities?
Licensable activity includes:
- selling alcohol
- serving alcohol to members of a private club
- providing entertainment, such as music, dancing or indoor sporting events
- serving hot food or drink between 11pm and 5am
Where can I find out more about TENS?
We recommend before applying you follow the link below to the Gov.uk website.
How do I apply for a TEN?
You must provide full documentation no later than 10 (ten) working days before the event. 'Working days' excludes weekends and bank holidays and does not include the day you submit the application and the day of the event.
There is a provision for late TENs which can be submitted between five and nine working days before the event, but the provisions are very restrictive and you run a greater risk of it being refused.
Don't forget to include the fee with your application. This is £21 and any cheques should be made out to Allerdale Borough Council.
You will need to send a copy of the application to:
- The Licencing department at our main office in Workington
- The Environmental Health department at our main office in Workington
- Cumbria Police at: West Cumbria Police HQ in Workington
The Police and Environmental Health have three working days to object to any TEN.
Before applying, and to find out what happens once you've applied, we recommend you read the Frequently Asked Questions below.
What information should be included in the Temporary Event Notice?
Your TEN must state:
- The licensable activities to take place during the event
- The period (not exceeding 168 hours) during which it is proposed to use the premises for licensable activities
- The times during the event period that the premises user proposes that the licensable activities shall take place
- The maximum number of persons (max of 499) which it is proposed should, during those times, be allowed on the premises at the same time
- Where the licensable activities include the supply of alcohol, whether the supplies are proposed to be for consumption on the premises or off the premises or both;
- and Any other matters prescribed by the Secretary of State.
Can I see information about TEN applications?
More information for applicants
Are there extra restrictions when a temporary event notice includes the supply of alcohol?
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 (i.e. the person who applied for the TEN).
Can a person give more than one temporary event notice at the same time?
Yes. There is nothing to prevent simultaneous notification of multiple events at a single time provided the restrictions on the use of TEN’s are observed.
Can you give a Temporary Event Notice on behalf of someone else?
No. The ‘premises user’ is the individual who must give the temporary event notice.
How many temporary event notices can each person give?
A personal licence holder will be able to give a standard TEN in relation to licensable activities up to 50 occasions in each year, the limit is 5 occasions in each year if that person does not hold a personal licence. A late TEN is limited to 10 occasions for a personal licence holder and 2 if not. All are subject to the limitation of 12 TENs in respect of the same premises.
Can a temporary event notice be withdrawn?
Yes. A temporary event notice may be withdrawn by the ‘premises user’ 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.
Who can object to a temporary event notice?
The police and environmental health may intervene to prevent an event covered by a TEN taking place or agree a modification of the arrangements for such an event or require conditions to be imposed based on any of the four licensing objectives. However a licensing authority may issue a counter notice if the limits on TEN’s will be exceeded.
What reasons can be given for the objection of a temporary event notice?
The police or environmental health has to be satisfied that allowing the premises to be used in accordance with the notice would undermine any/all of the licensing objectives and must give an objection notice explaining the reasons why. They can request that conditions already on a premises licence/club premises certificate for that premises can be imposed on a standard TEN to promote the licensing objectives depending on the proposed event.
How long do police or environmental health have to object to a temporary event notice?
The objection notice must be given no later than 3 working days following receipt of the notice. Objections to a late TEN have the effect of the event not going ahead as there is no scope for a hearing.
What is the procedure once the police/environmental health object to a temporary event notice?
The relevant licensing authority must hold a hearing to consider the objection notice, unless the premises user, the chief officer of police/environmental health who gave the objection notice and the licensing authority agree that a hearing is unnecessary. If it considers it necessary for the promotion of the four licensing objectives the licensing authority may give the premises user a counter notice, stating the reasons for it’s decision.
How long does the licensing authority have to give its decision on a hearing?
The relevant licensing authority must make its decision and issue a notice no later than 24 hours before the beginning of the event period specified in the TEN.
Can the temporary event notice be modified if there are objections?
Yes. At any time before a hearing is held, the chief officer of police/environmental health may, with the agreement of the premises user, modify the TEN to meet their concerns.
What is the procedure once the notice has been modified?
Once the TEN has been modified the licensing authority will be sent or delivered a copy of the modified notice by the police/environmental health.
What powers do the police have to stop a temporary event once it has started?
Police have the power to seek court orders 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.
What powers do licensing authorities have to stop a permitted temporary event once it has started?
Licensing authorities have no power under the Licensing Act 2003 to stop permitted temporary events once they have started. A local authority may have powers under other legislation for e.g. to deal with a statutory nuisance.
Does the premises user have to display the temporary event notice at the event?
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, or secure that the TEN is kept at the premises in his custody, or 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)
What happens if a premises user loses the temporary event notice?
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.
What are the licensing objectives?
- Prevention of Crime and Disorder;
- Public Safety;
- Prevention of public nuisance; and the
- Protection of children from harm
Who can you speak to for advice on promoting the licensing objectives?
Advice on promoting the objectives is available in our Statement of Licensing Policy or from guidance available on our website. Advice on each of the licensing objectives is also available from the responsible authorities who will be assessing your application.
When you are making a variation to your existing licence(s) – new activities, new operating hours etc. – then your application will be subject to representations from all of the "responsible authorities" and "interested parties".
As well as looking carefully at what measures you intend to put in place to promote the licensing objectives; responsible authorities will be a very useful contact when you need help and expert guidance to fill out this part of your form.
- Cumbria Police (for matters concerning preventing crime and disorder) Tel: 101
- Cumbria Fire and Rescue Service (for matters concerning public safety) Tel: 01900 706055
- Environmental Health (for matters concerning prevention of public nuisance and promotion of health and safety) Tel: 01900 702580
- Planning Department (for matters concerning public safety and preventing public nuisance) Tel: 01900 702748/9
- North – Wigton, Thursby, Maryport District Tel: 01900 702748
- South – Workington, Cockermouth District Tel: 01900 702749 (or LDNPA (01539 724555) as appropriate according to the planning authority for your premises)
- Health & Safety executive (for matters concerning public safety) Tel: 01228 634100
- Social Services (for matters concerning protecting children from harm) Tel: 01228 226877
- Trading Standards (for matters relating to under age drinking etc.) Tel: 01539 713594
- Marine Agency – only if the premises is located on water, i.e. a boat
- The following guidance documents are available to applicants from the Council’s Licensing Office on request:-
- Cumbria Police – Guidance for applicants
- Cumbria Fire and Rescue Service – Guidance for applicants
- Licensed Property: Noise Control – Publication of the British Beer and Pub Association
- An Introduction to Health and Safety – Publication of the Health and Safety Executive
We would also recommend that you speak to "interested parties", that is local residents/local businesses to get their input on what you are planning to do and how you plan to promote the licensing objectives. In this way you can look to tackle any of their concerns in your operating schedule.
Providing an application is properly made and no relevant representations are made, the Local Authority must grant a licence subject only to conditions as are consistent with the Operating Schedule accompanying the application e.g. opening hours and any condition which must be included in the licence which are:
- That no sale of alcohol can be made under the Premises Licence when there is no Designated Premises Supervisor or when the Designated Premises Supervisor does not hold a Personal Licence or their Personal Licence has been suspended
- Any person at the premises carrying out a security activity must be licensed with the Security Industry Authority
- Where a Premises Licence authorises the exhibition of films the premises licensee must secure that the admission of children to films is restricted in accordance with recommendations given by the British Board of Film Classification or by the Local Authority