5 common issues affecting TENs

By Poppleston Allen

- Last updated on GMT

Related tags Licensing authority Patent Ten

With the World Cup taking place this summer, pubs need to plan their use of TENs
With the World Cup taking place this summer, pubs need to plan their use of TENs
Temporary event notices (TENs) are useful tools that allow you to extend hours and have additional activities, which may not be permitted by your premises licence. It is going to be a busy year, particularly in terms of sporting events, so knowing how to use them correctly is vital. Poppleston Allen provides 5 top tips.

While TENs are an economical and convenient way of being able to extend your hours, they can cause a headache if the application process is not followed correctly.

Here are a handful of issues that crop up regularly:

  • Ensure that the application is served on all the relevant authorities. People often make the mistake of only serving the TEN upon the licensing authority and do not serve the police or environmental health. However, if you make the application through the licensing authority’s online system, there is no need to serve the police or environmental health as the licensing authority will do this on your behalf.
  • Apply for your TEN in good time. The application for a standard TEN should be submitted at least 10 clear working days before the event. The 10 working days period does not include the day of the event or the day that the council receives the application. Bank holidays and weekends do not count towards the notice period.
    A late TEN must be received by the authorities at least five clear working days before the event. If objections are received to a standard TEN, you are entitled to a hearing before the licensing committee, however, this is not the case with a late TEN where objections mean that there is an automatic veto with no right to a hearing.
  • Consider who will make the application on behalf of your premises. For example, if you employ an individual and the TEN is applied for in their name, you will need to ensure that they are still employed at the premises at the time the event goes ahead. In the unfortunate event that the holder of the TEN was to leave, you would need to reapply for the TEN unless the holder of the TEN agreed to sign a nomination notice to consent to another person overseeing the event.
  • There are restrictions on the number of TENs that can be applied for, both in relation to an individual and also a premises. A premises may have up to 12 TENs per year, covering a total of 21 days. Any TEN cannot cover more than 168 hours, which is equivalent to one week and there must be a gap of at least 24 hours between each event.
    A personal licence holder can have up to 50 standard TENs per year, 10 of which may be late TENs. A non-personal licence holder can have up to five TENs per year, two of which may be late TENs. You should ensure when applying for a TEN that both the premises and the person applying have not exceeded their limits, otherwise the application should be rejected.
  • A common error with TENs is simply applying for the wrong dates and times. If, for example, your premises licence currently permits you to trade until 11pm on a Saturday and you wish to extend this until 3am the following morning, you must make it completely clear on the application that the TEN would apply from 11pm on the Saturday until 3am the following morning.

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