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The overhaul of the Licensing Act 2003, as amended by the Police Reform and Social Responsibility Act 2011, came into effect on 25 April 2012. This reformed the system of temporary event notices (TEN), allowing Environmental Health Authorities to object to a TEN in addition to the police. The TEN have also become more flexible and a new process to allow a limited number of Late TEN to be submitted up to five working days before the event.
If you wish to hold an ad-hoc event in England or Wales, you must give a temporary event notice (TEN) to your local licensing authority. 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.
The application must be sent to and arrive at Torbay Licensing Offices at least 10 working days before the event, but you cannot include the day of service or the day of the event, so we recommend 12 working days before the event, to avoid disappointment. A Late TEN must be received at least five working before the event, but no more than nine working days. The "This is a Late TEN" box needs to be ticked on the application form to qualify it late.
You must also give a copy of the notice to the police at the same time. We will forward online notifications to the police on your behalf and always forward a copy of your notification to environmental health.
Your event must involve no more than 499 people at any one time and last no more than 168 hours (7 days) with a minimum of 24 hours between events.
A copy must arrive at Police Licensing at the same time to be sure of being able to hold the event.
Fees
The fee is £21, which must accompany the application form to the Council. This is the law, so we are unable to vary from these requirements.
Who Can Apply?
An activity that can be licensed must be carried out as detailed in a notice that must be given. 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
- if the notification is for a standard TEN or a Late TEN
- any other required matters
There are restrictions: there can be only 12 TEN applied for any premises, covering a maximum of 21 days. If you hold a Personal License you can apply for up to 50 a year (of which a maximum of 10 can be Late TEN), though not all at the same location, while Non-Personal License holders can only apply for 5 per year (of which a maximum of 2 can be a Late TEN).
Application Evaluation Process
The TEN must be given in writing, in duplicate, to Torbay Council at least ten working days before the event (which do not. include the day of submission or the day of the event) A fee is payable with the notice, the fee will not be refunded if the notice is out of time.
Torbay Council will acknowledge receipt of the notice by giving a notice to the premises user within two working days.
The chief police officer or environmental health (Public Protection), who receives a notice and believes that the event would undermine one or more of the licensing objectives, can serve an objection notice on the licensing authority and the premises user. This notice must be served within 3 working days of receipt of the TEN.
The local licensing authority must hold a hearing if an objection notice is served on a standard TEN. It also possible that conditions may be added to the notice.
If an objection notice is received for a Late TEN, then a counter notice will be issued and the event will not be authorised to proceed.
Counter notices may also be served by the licensing authority if the number of permitted TEN has been exceeded.
Can the Notice be Granted Automatically?
No. It is in the public interest that the authority must process your application before it can be granted.
Notifications
You are able to apply online using a form developed with Business Link. Our online payment is secure and enables you to submit a notice automatically. If you notify us online, Torbay Council will inform Devon and Cornwall Police and Environmental Health (Public Protection) of your notification within one working day. Before starting your notification, visit our guidance page.
If you do not wish to complete the registration process online you can download a printable form.
Return two completed copies with the fee to the licensing office address shown on the right hand side of this page, and one copy to Devon and Cornwall Police at the address below
The Chief Officer of Police
Licensing Department (East)
Devon & Cornwall Police HQ
Middlemoor
Exeter
EX2 7HQ
Licensing Department (East)
Devon & Cornwall Police HQ
Middlemoor
Exeter
EX2 7HQ
This is not necessary if you submit your application and pay online.
If you have not had a response to your application within 10 working days, please contact Torbay Licensing Authority by email: licensing@torbay.gov.uk.
Contact Licensing & Public Protection
- Tel: 01803 208025
- Email: licensing@torbay.gov.uk
- Fax: 01803 208854
