If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?

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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys

Published on: 22 December 2016

To use any property for a licensable activity both planning and licensing need to be considered. Planning and licensing are entirely separate statutory regimes, and so consent (or deemed consent) is needed from both the licensing authority and the local planning authority for a licensable activity to be authorised.

Licensing consent

A Temporary Events Notice (TEN) is a type of licensing consent which can be granted for specific events in a premises on up to 12 occasions in any calendar year. This can include a TEN to extend opening hours for a use already licensed. Further information on Temporary Events Notices can be found within Practice Note: Temporary Event

Rosalind Andrews

Harrison Clark Rickerbys

Rosalind Andrews is Head of Planning & Highways Law at Harrison Clark Rickerbys solicitors, covering the firm’s nine offices. She specialises in Planning and Highways Law, and advises on a range of contentious and non-contentious planning matters, including strategic planning advice, judicial review and other Planning Court challenges, and planning enforcement issues. She acts on behalf of a variety of clients, with particular experience of acting for developers and promoters in relation to residential development. She also acts on behalf of lenders, registered providers of affordable housing, and local authorities, as well as third parties with an interest in the planning process, such as local residents' groups. As well as negotiating Section 106 Obligations and other infrastructure agreements, she also advises on other matters affecting development, such as town and village greens, public rights of way, assets of community value, tree preservation orders, and compulsory purchase.

Jurisdiction(s):

United Kingdom

Key definition:

Activity definition

What does Activity mean?

1 The rate at which radioactive material disintegrates or decays per unit time. The units can be measured as either a Curie (Ci) or a Becquerel (Bq). 2 An activity involving radioactive material that requires a Licence.

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