Legal advice: Tensions over TENs

The limitations of using Temporary Event Notices.

By Anna Mathias of thePublican.com's team of legal experts from London solicitors Joelson Wilson.​

It is becoming increasingly apparent that, despite everyone's best efforts, many sets of premises do not have everything in place that they need now that the Licensing Act 2003 is finally in force. This is unfortunate and licensees find themselves in this position for a variety of reasons.

Applications may not have ticked all the relevant boxes, they may not have been made at all, or the licensing authority may not have had time to hold a hearing, in which case the variation application has been deemed refused.

Whatever the reason, it is vital to act quickly, given the delay inherent in making new applications at this stage and the backlog of appeals waiting to be heard by the magistrates' courts.

You may have been approached by a customer who wants to hold a Christmas party that will go on until midnight - something which you are currently not permitted to offer. Or he may want to have live music, which will not be allowed until the successful outcome of your application or appeal.

It is tempting to think that you can get round the problem by using a Temporary Event Notice (TEN) - something that allows you to add extra licensed hours or licensable activities to your premises licence, if you have one. Only 10 clear working days' notice needs to be given to the police and the licensing authority, the form is relatively simple to complete and the police only have 48 hours to object.

However, there are limitations under TENs. Most of us are aware by now that the maximum number of people permitted to be at a temporary event at any one time is 499, including performers, customers and staff.

Whilst this will not present a problem in many cases, you should also bear in mind that you can only have 12 of these per calendar year per premises. Also, while each event can last up to 96 hours, there has to be a 24-hour break between each event.

Some care should be taken in completing the form. If, for example, you want to hold two separate birthday parties for different people, one on November 25 the other on November 26, the police may object on the basis that these are two events, not one. And you could not cover the situation with two notices because there will be no 24-hour period between the two.

What is worse, and something that is often overlooked, the aggregate period that may be covered by such events in any calendar year is 15 days. So don't bank on having 12 notices covering 96 hours: the licensing authority will intervene to stop this.

Happily, you will be entitled to 15 more days starting on January 1 but you should be aware of the 15-day limit and choose the days that are most important between now and then.