Licensable activities falling within the requirement for a TEN are as follows:
It may be that the premises already have a licence for entertainment, but not for the sale of alcohol (or the other way round). A TEN could, therefore, be used to allow the occasional, additional activity and/or to allow for an extension to the hours permitted under the Premises Licence.
When someone wishes to hold such an event, provided that the following rules are followed, a TEN can be used
It is not necessary for someone to have a Personal Licence before they can use a TEN to sell alcohol, but they must understand that they will be responsible for all activities allowed under the TEN. Applicants will be expected to promote the licensing objectives specified in The Licensing Act 2003 which are:
The Notice should be completed and then a copy should be sent to the Licensing Unit and a copy should be sent, at the same time, to the police. They must be received by ourselves, Environmental Health and the police at least 10 clear working days before the date of the event. For larger events you are advised to send the Notices earlier than the minimum 10 days. There is a provision for a limited number of Late TENs to be served between 5 and 9 clear working days before the event.
Please note the working days' notice period for TENs does not include the day the TEN is received by the Local Authority or the day of the event.
Note: The TEN form requires that two copies be sent to the local authority but, as we are working to reduce the storage of paper, forms are scanned and digitally stored, consequently only one copy need be submitted to Sedgemoor. The fee for each TEN is £21.
Provided that a completed notice has been submitted and the limits in respect of temporary event notices have not been exceeded, the Licensing Authority will acknowledge your notice by returning a receipted copy of your notice to you. This copy must be kept and must be shown to an authorised officer of the Council, or to a police officer, if requested. If the limits have been exceeded the Licensing Authority will serve a counter notice and the event will not be permitted and any activity that did take place would not be authorised.
The Police and/or Environmental Health may object to a notice if they believe that the event would undermine the licensing objectives and objection notices must be served on the premises user and the Licensing Authority before the end of the third working day following the day on which they were given the temporary event notice.
If there is an objection to the Notice, then a hearing before the Licensing Panel will be arranged and you will be invited to attend to present your reasons for wanting the event and would also be able to answer any concerns that the Police and/or Environmental Health have. The Licensing Panel, after considering the evidence can choose to allow the event to proceed, or they can choose to serve a Counter Notice that prohibits the event. If the TEN is for a premises with a Premises Licence and that licence contains conditions to control noise, then the Panel can choose to allow the event to proceed but can also apply the same conditions to the TEN as are applicable to the Premises Licence.
Note: If a valid objection is received for a late TEN, a counter notice will be served and there will be no hearing. There is no right of appeal against this.
Should an event be cancelled, the TEN will still be valid and will still count against the number of TENs permitted for the premises and the person submitting it, unless the TEN is withdrawn.
To withdraw the TEN, a Withdrawal Notice should be completed and returned with the stamped, endorsed copy of the TEN, at least 24 hours before the time the event was due to have started. If the stamped copy of the TEN is not returned, or the form and TEN are received less than 24 hours before the scheduled start time of the event, then the TEN will not be withdrawn.
There is no refund of the fee paid.