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Licence Summary

The Licensing Act 2003 introduced a system whereby small-scale one-off events, known as temporary events, which involve licensable activities can take place (where certain criteria are met) without the need for a premises licence, club premises certificate or for a personal licence holder to authorise the sale of alcohol.

No permission is required for these types of events.  However, every event involving a licenable activity, will need to be notified to the Licensing Authority (and a copy provided to the Police) in the form of a Temporary Event Notice (TEN).

Permitted Limits:

 - You must be 18 years or older to give a TEN.
 - If you are a personal licence holder, you can give a maximum of 50 TENs per calendar year.
 - If you do not hold a personal licence, you are permitted to give a maximum of 5 TENs per year.
 - 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.
 - Your event must involve no more than 499 eople (including staff and performers) at any one time.  
 - Your event must last no more than 96 hours with a minimum of 24 hours between events.
 - There can be a maximum of 12 TENs a year for any particular premises, subject to an overall limit of no more than
   15 days in total (e.g. where the TEN lasts for more than one day).

If your event/activity falls outside these restrictions, you will require a full Premises Licence.


Eligibility Criteria

An activity that can be licensed must be carried out as detailed in a notice that must be given.

The notice must be made on the specified application form and must be made by someone over 18 years of age.

The notice should contain:

 - If alcohol is to be supplied, a statement confirming that it is a condition of using the premises that the supplies are
   made under the premises user's authority. 
 - A statement relating to certain maters.
 - Any other required information.
 
The matters referred to above are:

Details of the licensable activities.
The event period.
The times when during that period the activities will take place.
The maximum number of people proposed to be allowed on the premises.
Where the relevant licensable activities include the supply of alcohol, whether this will be consumed on the premises or off the premises, or both.
Any other matters prescribed by the Secretary of State in regulations.


Regulation Summary

A summary of the eligibility criteria for this licence


Application Evaluation Process

Two copies of the TEN must be given in writing to the Licensing Department at West Devon Borough Council at least ten clear working days before the event (excluding the day of receipt and 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.  A fee of £21.00 is payable with the notice.

We will acknowledge receipt of the notice by sending or delivering a notice to the premises user before the end of the first working day following the day on which it was received, or if the day the notice was received was not a working day, before the end of the second working day following that day.

The notice giver must also give a copy of the notice in writing to the Police Licensing Department at Totnes Police Station, Ashburton Road, Totnes, TQ9 5JY, no later than ten clear working days before the event.

Counter notices may be issued by the Licensing Authority if the permitted limits are not met (see above).  Provided that the criteria set out are met, only the Police may intervene to prevent an event covered by a TEN.  If the Police believe that the event would undermine the crime and disorder objective, an objection notice can be served on the Licensing Authority and the premises user.  This notice must be served within 48 hours of receipt of the TEN.

If an objection notice is served, the Licensing Authority will hold a hearing in front of a Licensing Sub-Committee to determine your application.  A counter notice may be issued if it is considered necessary for the promotion of the prevention of crime and disorder licensing objective.  A decision must be made at least 24 hours before the beginning of the event.

The Police may modify the TEN with the consent of the premises user.  In such cases, an objection notice will be deemed to have been withdrawn.


Will Tacit Consent Apply?

Yes.  This means that you will be able to act as though your application is granted if you have not heard from the Licensing Authority by the end of the target completion period.


Apply Online (link available from the end of December 2009)

Application for a Temporary Event Notice


Forms to Download, Print and Post

Alternatively, click on the 'application forms'  page to open a copy of a TEN form and further guidance.


Further Information

Further information is available by clicking here: 'TEN Fact Sheet' .

To view Licensing Act 2003 Fees - please click here.


Contact Details

Address:
Licensing Section
West Devon Borough Council
Kilworthy Park
Drake Road
Tavistock
PL19 0BZ

Tel: 01822 813 600

Fax: 01822 813 634

Email: licensing@westdevon.gov.uk


Failed Application Redress

Please contact the Licensing Section at West Devon Borough Council in the first instance.

If a counter notice is given in relation to an objection notice the applicant may appeal against the decision.  Appeals must be made to the local Magistrates' Court within 21 days.  An appeal may not be brought later than five working days from the day of the planned event. 


Licence Holder Redress

Please contact the Licensing Section at West Devon Borough Council in the first instance.


Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery).  If that has not worked, if you are located in the UK, Consumer Direct will give you advice.  From outside the UK contact the UK European Consumer Centre.


Other Redress

If a licensing authority decides not to issue a counter notice in relation to an objection notice the Chief Officer of Police can appeal the decision.  Appeals must be made to the local Magistrates' Court within 21 days.  An appeal may not be brought later than five working days from the day of the planned event.


Trade Associations

National Outdoor Events Association (NOEA)
Society of Event Organisers (SEO)
Event Supplier and Services Association (ESSA)
TSNN Online Directory

IMPORTANT INFORMATION:

If you are planning on holding a licensable event over the holiday period, please be aware of the time scales regarding correct service of TENs.  The attached factsheet provides useful information.  For additional information, please refer to the TENs information sheet and/or contact the Licensing Team.