Temporary Event Notice

If you wish to hold an ad-hoc event in England or Wales, the Licensing Authority must receive your temporary event notice (TEN) no later than ten clear working days prior to the event (this does not include the day of receipt or the day of the event). If the premises, where the event is to be held is in areas governed by two or more local authorities applications must be made to each.

Unless you submit an electronic application the Police & Local Authority exercising environmental health functions for the area in which the premises are located must also be served a copy of your notice and receive it no later than ten working days before the event.

You must be 18 years or older to give a TEN and can only give a maximum of five TENs per year if you do not hold a personal licence under the Licensing Act 2003. If you do hold a personal licence, you can give a maximum of 50 TENs per year, however you are limited to a maximum number of TEN's per premises.

Your event must involve no more than 499 people at any one time and last no more than 168 hours with a minimum of 24 hours between your event and the start or finish of another Temporary Event Notice. Premises are limited to a maximum total duration of the periods covered by temporary event notices of 21 days per calendar year or 12 TENs per Calendar year.

With Effect from 25 April 2012 - Submission of Late Temporary Event Notices

Late notices can be given no later that 5 clear working days but no earlier than 9 clear working days before the event in relation to which the notice is given. A late notice given later that 5 working days before the event to which it relates will be returned as void and the activities described in it will not be authorised.

The number of late notices that can be given is limited to 10 for a Personal Licence holder and 2 for non Personal Licence Holders. You must tick the box on page 3 of the application form to show you are making a late application. Please note if there is an objection to the late TEN from either the Police or Environmental Health Department the event will not go ahead and a counter notice will be issued and the event will not be authorised to proceed.

With Effect From 1 October 2012 - Live Music Act

The Live Music Act passed into law on 8th March 2012. It is due to take effect from 1 October 2012.

The Act disapplies live music related conditions if the following criteria are satisfied:

There is a premises licence or club premises certificate in place permitting 'on sales';
The premises are open for the sale or supply of alcohol for consumption on the premises;
Live music is taking place between 8am and 11pm;
If the live music is amplified, the audience consists of no more than 200 people.

Live music also ceases to be classed as regulated entertainment if the above criteria are satisfied.

"Live Music" includes vocal and instrumental music and also karaoke singing. Any recorded music accompanying this live music (backing tracks or sampled music for bands, or music from a karaoke machine) is, in most cases, likely to be considered part of the live music and not therefore requiring separate authorisation. Pre-recorded videos played on karaoke machines are likely to require authorisation for "Films" but if only the words to the song are displayed then no authorisation is required.

The Act also creates a general exemption that live unamplified music provided anywhere shall not be regarded as the provision of regulated entertainment if it takes place between 8am and 11pm, regardless of the number of people in the audience.

There are a number of mechanisms for the protection of residents and these are:

Upon a review of the premises licence the Licensing Authority can determine that conditions on the premises licence relating to live music will apply even between 8am and 11pm;
If the licence doesn't presently authorise live music the Licensing Authority can add conditions to the Premises Licence as though the live music were regulated entertainment authorised by that licence, again to apply between 8am and 11pm.
The Licensing Authority can determine that live music at the premises is a licensable activity and live music can no longer be provided without permission on the Premises Licence or a Temporary Event Notice.
Other noise legislation, for example in the Environmental Protection Act 1990, will continue to apply. The Live Music Act does not allow licensed premises to cause a noise nuisance.

The Act removes the need to licence entertainment facilities completely - regardless of time or audience size. This means that dance floors, microphone stands, pianos made available for use by the public etc. will not be licensable once the Act comes into effect. Health & safety law will of course continue to apply.

Further information on Temporary Event Notices can be found in the Secretary of States Guidance which is available by clicking here.

Eligibility Criteria

The notice must be in a specific format and must be made by someone over 18 years of age.

The notice should contain:

if alcohol is to be supplied, a statement confirming that it is a condition of using the premises that the supplies are made under the premises user's authority
a statement relating to certain matters
any other required information

The matters referred to above are:

details of the licensable activities
the event period
the times when during that period the activities will take place
the maximum number of people proposed to be allowed on the premises
any other required matters

Regulation Summary

A summary of the regulations relating to this licence are available here.

Application Evaluation Process

The TEN must be given in writing (including by electronic means) to the Licensing Authority and received at least ten clear working days prior to the event (this does not include the day of receipt or the day of the event). This period of notice is specified in law and neither the Licensing Authority nor the Police have discretion to accept a shorter period of notice in any circumstances. "Working day" is clearly defined in section 193 of the Licensing Act 2003. A fee of £21 is payable with each notice.

If you are submitting a late TEN the notice must be given in writing (including by electronic means) to the Licensing Authority and received at least five clear working days prior to the event (this does not include the day of receipt or the day of the event). This period of notice is specified in law and neither the Licensing Authority nor the Police have discretion to accept a shorter period of notice in any circumstances. "Working day" is clearly defined in section 193 of the Licensing Act 2003. A fee of £21 is payable with each notice.

The Licensing Authority will acknowledge receipt of the notice by giving a notice to the premises user.

Unless an application has been submitted electronically, the premises user must serve a copy of the notice to the Chief Officer of Police and Senior Environmental Health Officer must and be received no later than ten clear working days before the event period.

Either the Chief Police Officer or Senior Environmental Health Officer who receives a notice and believes that the event would undermine a licensing objective can serve an objection notice on the Licensing Authority and the premises user. This notice must be served within 3 working days from the receipt of the temporary event notice.

The Licensing Authority must hold a hearing if an objection notice is served on it by the Police. They may issue a counter notice to the temporary event notice if it considers it necessary for the promotion of the crime prevention objective or conditions may be added to the TEN. A decision must be made at least 24 hours before the beginning of the event.

A Chief Police officer or Senior Environmental Health Officer may modify the TEN with the consent of the premises user. In such a case an objection notice will be deemed to have been withdrawn.

Counter notices will be issued by the Licensing Authority if the number of permitted TENs has been exceeded.

The Secretary of State has produced Guidance under section 182 of the Licensing Act 2003. To view this guidance click here. The Licensing Authority when considering any application has regard to this guidance.

As a requirement of the Act the Licensing Authority has also produced a Licensing Policy that is used by the authority when determining applications. To view the Council's Licensing Policy click here.

Apply online

You can apply for a Temporary Event Notice online by clicking here

Please note, your application must be served within the required timeframe. Your application will be acknowledged and processed using the online service and you are advised to monitor it's progress.

If you make an application online you are not required to send a copy of the application to the Police & local authority exercising environmental health functions for the area in which the premises are located. The Licensing Authority will serve a copy of the notice on the police within 1 working day following receipt of the notice.

Apply via post

If you wish to apply for a Temporary Event Notice please download the form below and complete in full:

Once completed, applications should be sent to the Licensing Authority, accompanied by the relevant fee at the following address:

The Licensing Authority, Scarborough Borough Council, Town Hall, St Nicholas Street, Scarborough, North Yorkshire, YO11 2HG.

Please note that unlike online applications the applicant is required to send a copy of their application to North Yorkshire Police & Environmental Health:

The Police Licensing Officer, Police Station, Northway, Scarborough, North Yorkshire, YO12 7AD.

Senior Environmental Health Officer, Environmental Regulation, Town Hall, St Nicholas Street, Scarborough, YO11 2HG .

Please mark your envelope with “T.E.N.” in red on the top left hand corner of the envelope.

The addresses for all of the responsible authorities are available here.

If you have any questions relating to the application process or how to complete the forms please contact the Licensing Service on 01723 232323 or email licensing.services@scarborough.gov.uk.

Register

A public register is available online. If you wish to view the Council's online register please click here. You can also view a copy of the register at the Council's Offices during normal office hours. To make an appointment to view the registers please contact the Licensing Service on 01723 232323 or alternatively email licensing.services@scarborough.gov.uk.

Failed Application redress

If a counter notice is given in relation to an objection notice, an appeal against the decision may be made by the applicant to:

Scarborough Magistrates’ Court, The Law Courts, Northway, Scarborough, YO12 7AE

An appeal may not be brought later than five working days before the day of the planned event.

Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.

The Council operates a complaints procedure. To view the complaints procedure or to make a complaint relating to the service you have received please click here