New Limits for TENs in 2016

TEN New limits on the number of Temporary Events Notices (TENs) which can be held each year have been introduced from the 1st January 2016.

15 Temporary Events Notices per Year

As part of the Deregulation Bill the government have increased the number of permitted temporary events permitted in any one year from 12 to 15 per premises.

This increase is based upon the total number of Temporary Events Notices (TENs) which can be applied for against any one premises, in any one calendar year (January to December).

Other Limits Remain Unchanged

All the other set limits in respect of Temporary Events Notices, which are commonly referred to as a T.E.N. or TENs, will however remain the same.

The most relevant of these limits is the maximum number of days, which any one premises can be run under a TEN over a calendar year. This remains unchanged at 21 Days.

The other limits which remain unchanged:

Maximum Capacity - 499 persons; this includes any person who will be present, including staff, sub-contractors, band members, technicians etc.
Maximum Length of any one TEN – 168 hours; this is equivalent to 7 days assuming the day starts at midnight.
Maximum Number of TENs a Personal Licence Holder can apply for in a calendar year – 50; this can include a maximum of 10 Late TENs
Maximum Number of TENs someone without a Personal Licence Holder can apply for in a calendar year – 5; this can include a maximum of 2 Late TENs
There must be a Minimum Break of 24 hours between one temporary event notice on a premises and another TEN on the same premises.

The Maths Doesn’t Add Up

Common sense would tell you that if you can hold 15 TENs at your premises in a calendar year and each of these vents can be 7 days long then you should be able to cover 105 days a year by giving Temporary Events Notices; but this is licensing, logic rarely applies…

The maximum 21 days under which a TEN can be used in any one premises in any one year, curtails the total length of the TENs used at that premises. These limit on the number of TEN and the number of days are not set as an either / or scenario, but rather whichever limit you reach first, that is your limit for the year; either:

15 TENs or
21 Days

For example, if you give three TENs for your premises each running to the full 168 hours (7 day) limit, you will only have used 3 of your allocated 15 TEN p.a. allocation. You will however have used all 21 days allocated; 3 x 7 = 21.

In this scenario you still have 12 unused TENs, but you have no remaining days on which to use them as you have used up all your 21 days p.a. allocation. Essentially whichever limit you reach first, that is the end of your annual allocation and you would have to wait until the next calendar year before you can use another TEN.

It should be noted that it is date on in which the event takes place which counts towards your annual allocation, not when the TEN is applied for.

21 Days Allocated Annually per Premises

A note of caution, in licensing a day is described as the period between midnight and midnight.

This is important because if you apply for a TEN to extend your hours from say 23.00 until 02.00, in licensing terms this is 2 days; one hour on one day (23.00 to 00.00) and two hours on the next (00.00 to 02.00). This would therefore reduce your allocated days for permitted temporary events by 2 days.

Use Temporary Event Notices Strategically

What all of this means is that the change to 15 permitted TENs per year is going to have less impact than may have been hoped for, except for those people running primarily one day events which finish before midnight.

The TEN framework is however still a very useful one for licensed businesses and can add a significant annual revenue stream if used strategically. Businesses who are likely to use their full annual allocation should plan well ahead to make the most their opportunities.

If the 15 TENs now permitted is not enough, then your business will require a Premises Licence or may need to apply for a Variation to the exiting Premises Licence to facilitate the licensable activities you are planning.

We Can Help

Our licensing consultants can provide assistance and guidance on all licensing matters, this includes assisting with applications for Temporary Event Notices and providing representation for associated Licensing Committee Hearings.

Where TENs are not providing enough cover for the Licensable Activities you are planning, we offer a Premises Licence Application Service or a Premises Licence Variation Service for more permanent solutions.

Please contact us on 01784 434 392 or Contact Us >>

More Information

Source

Deregulation Bill 2015 – Home Office

Author - Peter Mayhew is the Managing Director of Beyond the Blue Training & Consultancy. He delivers training courses and provides expert opinion on alcohol & entertainment licensing for individuals, organisations and public bodies. Peter is a frequent contributor to industry publications.

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