Temporary Event Notice
A Temporary Event Notice or Late Temporary Event Notice is required if you intend to carry out a licensable activity on unlicensed premises or wish to operate outside the terms of your existing Premises Licence or Club Premises Certificate.
The cost for a Temporary Event Notice is £21. If you are paying by cheque, please make the cheque payable to Braintree District Council.
The Notice will be acknowledged and returned to you within three working days of its receipt if approved.
A minimum of 10 clear working days’ notice must be given to all authorities involved (although it would be advisable to allow longer where possible), not including the day on which the application is received and the day the event is to be held.
A minimum of 10 clear working days’ notice must be given to all authorities involved (although it would be advisable to allow longer where possible), not including the day on which the event is to be held.
The authority requires that notices are not given to the authority more than 6 months in advance of the first day of the event.
Activities that can be applied for with a Temporary Event Notice are:
- The sale or supply of alcohol
- Regulated entertainment (i.e. music, singing or dancing)
- Provisions of late night refreshment (hot food or drink between the hours of 11pm and 5am)
The criteria for Temporary Events are as follows:
- 15 Temporary Events may be held at any one premises in any given calendar year.
- Any one event may not last more than 168 hours.
- There must be a minimum period of 24 hours between two separate events.
- There is a maximum of 21 days combined total for all events in any one calendar year.
- The holder of a Personal Licence may apply for up to 50 Temporary Events in any one calendar year (subject to no more than 15 being at the same premises). Only 10 of these notices may be late temporary event notices.
- A person who does not hold a Personal Licence may apply for a maximum of five Temporary Events in any one calendar year, two of which may be late temporary event notices.
- The maximum capacity for any Temporary Event is 499 persons at any one given time (for example: 1,000 people could attend over the period of the event, although numbers would need to be controlled to ensure that there were no more than 499 people at any given time.
- A Temporary Event Notice would be needed to facilitate any one or any combination of licensable Events (these being the sale of alcohol, late night refreshment and regulated entertainment.
In the case of a Temporary Event Notice that is submitted as a late Temporary Event Notice, all relevant authorities must receive the correct application no later than five working days, but no earlier than nine working days (not including the day on which the application is received and the day the event is to be held)
In the case of a Temporary Event Notice that is submitted as a late Temporary Event Notice, all relevant authorities must receive the correct application no later than five working days, but no earlier than nine working days before the start of the event.
Applications Via Post
If you want to send your application by post, a copy of the Temporary Event Notice (TEN) must be sent to all of the following:
- Braintree District Council Licensing Team, Causeway House, Bocking End, Braintree, Essex, CM7 9HB
- Environmental Health Manager (Housing & Pollution), Braintree District Council, Causeway House, Bocking End, Braintree, Essex, CM7 9HB
- Essex Police Licensing Unit (Alcohol), Police Station, Blyths Meadow, Braintree, Essex CM7 3DJ firstname.lastname@example.org
If the Notices are sent by post, it is strongly advised that proof of postage is obtained which demonstrates clearly the date of posting of the Notices. If the Notices are hand delivered, please ensure that a receipt is obtained.
The council can’t refuse a notice unless the Police or Environmental Health objects to it. Any objections must be received within 3 working days from the submission of the Notice. Objections can only be made if they think your event could:
- lead to crime and disorder
- cause a public nuisance
- be a threat to public safety
- put children at risk of harm
If there’s an objection, the Council’s Licensing Committee will hold a meeting (called a ‘hearing’) no later than 24 hours before the event (unless all parties agree that a hearing isn’t needed).
At the hearing, the committee will either approve, add conditions or reject the Notice.
If the Police or Environmental Health object to a late TEN, the notice won’t be valid and you can’t hold the event.
Tacit consent - 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. In the case where representations are received tacit consent does not apply and a public hearing must be held to determine your application. The public hearing will be held within seven working days after the last date for representation. The hearing date may be extended beyond seven working days if we consider it is in the public interest to do so.
Applications will not be accepted via e-mail.
Detailed notes are available at the back of the Temporary Event Notice form and these should be read thoroughly prior to application as the person giving the Notice will be subject to duties and responsibilities under the Licensing Act 2003.
Please be aware that it is the responsibility of the individual who is giving the Notice to ensure that the correct procedure has been followed, and that both the Police and the Council have received their copies.
Fines and penalties
You could be fined if you make any false statements in your application, or face prosecution if you breach the terms of the notice.
If you don't have a temporary events notice and carry out an activity that you should have a license for (or allow your premises to be used for one),you can be fined, sent to prison for up to 6 months, or both.