Temporary event notices
Temporary event notices (or TENs) allow you to provide licensable activities at premises within Dacorum on a one-off or infrequent basis. They can either be used at unlicensed premises, or at licensed premises to extend the normal licence, for a special occasion.
TENs are a light-touch type of licence, meaning that we will only intervene to block events if we have reason to believe that the planned event may be detrimental to one or more of the licensing objectives - for example, if previous events at the premises resulted in crime, disorder, a risk to public safety, public nuisance, or harm to children, or if there is specific intelligence or concerns about the plans for the current event.
To prevent the temporary event notice system from being abused, there are a number of strict criteria on how they can be used. All of the following requirements are set within the Licensing Act 2003, and if a proposed event does not satisfy all of them, it cannot be authorised.
TENs are often used for large, one-off events, like fetes and festivals. It is best to supply a risk assessment to our Environmental Health team if submitting a TEN for such an event, so that it can assess this in line with current COVID-related guidance. These can be submitted by email to firstname.lastname@example.org. Please note: the Licensing team has no involvement in this aspect of any TEN submitted for consideration.
If a TEN is being submitted for a more simple reason - for example, a licensed premises operating for longer hours - no risk assessment needs to be supplied.
Temporary event notice criteria
Making an application
You can apply for a temporary event notice online, or by printing the application form and returning it to us. The fee for each temporary event notice is £21, and payment must be made at the time of application.
Please note: it is now a legal requirement where there is a gathering of more than six for event organisers/managers of the venue to:
(a) have carried out a risk assessment which would satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999, whether or not the gathering organiser or manager is subject to those Regulations, and
(b) have taken all reasonable measures to limit the risk of transmission of the coronavirus, taking into account:
- the risk assessment carried out under sub-paragraph (a), and
- any guidance issued by the Government which is relevant to the gathering
All of the above elements must be met by organisers, and documents should be submitted at the time a TEN is given to us.
If you make a paper application, you must also send copies of your application to the police and environmental health, at the addresses given on the front of the application pack. If you apply online using the above link, we will do this for you.
Police and environmental health officers can make objections about your event within a period of three working days, beginning from when they receive your application. They may also contact you to see if you would be prepared to modify your TEN in a way that would resolve any concerns (for example, reducing the hours you are seeking). There is no legal power for any other party, including members of the public, to object to temporary event notices.
If an objection is made against your temporary event notice, we will let you know as soon as possible. What happens next will depend on how far in advance you applied:
- if you gave a standard TEN: we will arrange for your temporary event notice to be considered by our Licensing Sub-Committee (a panel of three councillors) at a public hearing, and you will be invited to attend this. After hearing from all parties, the Sub-Committee will make a decision either to allow your event to take place, or to issue a counter-notice which will veto the event. If the event is allowed to take place and the application relates to licensed premises, the Sub-Committee may also decide to bring forward conditions from the premises licence and apply these to the temporary event notice.
- if you gave a late TEN: we will automatically issue a counter-notice, which vetoes the event. Given the limited timescales, there is no right to a hearing in these cases.
When we receive a valid temporary event notice, we will send you an acknowledgement letter - by law, we have to send this before the end of the period for objections to be made. Unless you hear otherwise from us, once you have received the acknowledgement letter you may proceed with your event. During the event, you must have a copy of the TEN on display and available for inspection by either police officers or authorised council officers, who have a right of entry to the event site.
Tacit consent will apply to all valid and correctly served temporary event notices, to which no objections are made. If you have not heard from us within five working days of submitting your application, you may proceed with your event.
Refusal of applications
There are a number of possible reasons why we might refuse a temporary event notice:
- if you have not given enough notice of your event - TENs must be submitted at least five or 10 working days before the proposed event, not counting the day on which you applied nor the first day of the event. This limit is set by law, and we cannot depart from it.
- if your event does not satisfy the criteria above (for example, if you have already used your full quota of TENs for the year, or if your proposed event would exceed the maximum period allowed), we will issue a counter-notice, which vetoes the event. There is no right of appeal against this decision.
- if you gave a late TEN and the police or environmental health objected to it, we must automatically issue a counter-notice to veto the event. There is no right of appeal against this decision.
- if you gave a standard TEN and the police or environmental health objected to it, we will hold a hearing to consider all parties' arguments, and to decide whether to permit the event to take place, or to uphold the objections and issue a counter-notice to veto the event. Following a hearing, either the applicant or the objecting body may appeal within 21 days of our decision to a magistrates' court, providing that the event is at least five working days away.
Please note: we do not issue refunds for applications that are out of time or invalid for any of the other reasons set out in the above list. It is important to ensure that all Temporary Event Notices are made as early as possible - a minimum of 10 full working days before the event date for a standard TEN submission, or five full working days for a late TEN submission. This does not include the date that we receive the notice, the date of the event, or any weekends or bank holidays. Please contact the Licensing Team for advice if you need to check any of the limits before applying.
If you've attended an event and were unhappy about it, we recommend that in the first instance you contact the organiser or the venue where the event took place to discuss this with them. If this does not resolve your concerns, the Citizens Advice Bureau may be able to provide assistance (or the UK European Consumer Centre, if you are outside the UK).
If you wish to report unauthorised licensable activities at an event, or an event which you believe breached a temporary event notice or other licence, please contact us with the details, and we will investigate further.
For more information on temporary event notices, please email email@example.com or call 01442 228860.