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Licence - premises licences and club premises

Regulated Entertainment

The Licensing Act 2003 requires that a Premises Licence be obtained whenever a premises is used for “regulated entertainment” other than when carried out under a Temporary Event Notice.
 
Please note that today (28/04/17) the Home Office has issued the following statement in relation to applications to vary a DPS on a premises licence:
 

"The application to vary a premises licence to specify an individual as designated premises supervisor under the Licensing Act 2003 asks the licensee to give a copy of the form to the existing premises supervisor. The completed form contains personal information about the proposed new DPS and sharing this information would be in breach of the Data Protection Act 1998. It is sufficient for the licensee to inform the DPS that the application has been made, without the need to share the specific details of the application. A full copy of the application form must still be sent to police. The form will be amended via regulations as soon as possible to make this clear".

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Under the Licensing Act 2003, the Operating Schedule for the premises must detail all regulated entertainment to be carried on at the premises. If regulated entertainment is not included in the Operating Schedule any such entertainment carried on at the premises will be in breach of the licence.

What is Regulated Entertainment?

Regulated entertainment covers the provision of entertainment or of entertainment facilities. The descriptions of entertainment in the Licensing Act are:
  • the performance of a play;
  • an exhibition of a film;
  • an indoor sporting event;
  • boxing or wrestling entertainment;
  • a performance of live music;
  • any playing of recorded music;
  • a performance of dance;
  • or entertainment of a similar description to live music, recorded music or dance.
The holding of regulated entertainment or the provision of facilities for regulated entertainment only requires a licence if the entertainment is provided for;-
  • Members of the public or a section of the public; or
  • Members of a regulated club or their guests; or
  • At a charge with the intention of making a profit.

How do I obtain a licence to provide entertainment?

Unless entertainment under a Temporary Event Notice is being provided or the entertainment or location is exempt under the Licensing Act, it will be necessary to apply for a Premises Licence or Club Premises Certificate from the relevant Licensing Authority.
In order to apply for a Premises Licence, or Club Premises Certificate, an application must be completed and be accompanied by an Operating Schedule, a plan of the premises and if the application is for a Premises Licence which includes authorisation for the supply of alcohol, a form of consent given by the individual whom the applicant wishes to have specified in the Premises Licence as the Designated Premises Supervisor.

Premises Licence Exemptions

There are a number of exemptions from the requirement to hold a Premises Licence when providing regulated entertainment. However, it should be noted that if alcohol is to be sold or supplied, or late night refreshment provided, a licence will still be required for those activities.
The main exemptions are as follows:-
  • Regulated entertainment in places of public religious worship;
  • Morris dancing (or similar), or a performance of unamplified live music as an integral part of such dancing;
  • Incidental music – the performance of live music or the playing of recorded music if it is incidental to some other activity;
  • Garden fetes – or similar if not being promoted or held for purposes of private gain;
  • Film exhibitions for the purposes of advertisement, information, education, etc. – if the sole or main purpose of the exhibition of a film is to demonstrate any product; advertise any goods or services, or provide information, education or instruction;
  • Film exhibitions at museums and art galleries – where the use of the film is part of the exhibit;
  • Television or radio broadcasts – as long as the programme is live and simultaneous (showing prerecorded entertainment would require a licence);
  • Vehicles in motion – at a time when the vehicle is not permanently or temporarily parked;
Notes:
1.Unless the relevant licensing authority has previously agreed in writing with the applicant following a request by the applicant that an alternative scale plan is acceptable to it, in which case the plan shall be drawn in that alternative scale, the plan shall be drawn in standard scale (standard scale means 1 millimetre represents 100 millimetres).
2.The plan shall show:-
(a)the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the Premises;
(b)the location of points of access to and egress from the Premises;
(c)if different from sub-paragraph (2)(b), the location of escape routes from the Premises;
(d)in a case where the Premises is to be used for more than one licensable activity, the area within the Premises used for each activity;
(e)fixed structures (including furniture) or similar objects temporarily in  a fixed location (but not furniture) which may impact on the ability of individuals on the Premises to use exits or escape routes without impediment;
(f)in a case where the Premises includes a stage or raised area, the location and height of each stage or area relative to the floor;
(g)in a case where the Premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;
(h)in the case where the Premises includes any room or rooms containing public conveniences, the location of the room or rooms;
(i)the location and type of any fire safety and any other safety equipment including fire extinguishers, fire doors, fire alarms, marine safety equipment, marine evacuation equipment and other similar equipment; and
(j)the location of a kitchen, if any, on the Premises.
3.The plan may include a legend through which the matters mentioned or referred to in paragraph (2) are sufficiently illustrated by the use of symbols on the plan.

Downloadable Documents

All documents open in a new window.
File nameSizeApproximate Download time
Microsoft Word formatALL16B - Consent of Premises Licence Holder to transfer in Word format307 Kb44 secs @ 56k, 1 sec @ 2mb
Adobe PDF format - download the viewerALL16B - Consent of Premises Licence Holder to transfer in PDF format49 Kb7 secs @ 56k, 0 secs @ 2mb
Unknown file formatALL23 - Notification of Ceasing to be a DPS in Unknown format302 Kb43 secs @ 56k, 1 sec @ 2mb
Microsoft Word formatALL5(APR2017) Notification of an interest in Premises in Word format288 Kb41 secs @ 56k, 1 sec @ 2mb
Microsoft Word formatALL6(APR2017) Application for a premises licence to be granted in Word format128 Kb18 secs @ 56k, 1 sec @ 2mb
Microsoft Word formatALL7(APR2017) Application for a provisional statement to be granted in Word format611 Kb1 min 27 secs @ 56k, 3 secs @ 2mb
Microsoft Word formatALL8(APR2017) Application to vary a premises licence under the Licensing Act 2003 in Word format99 Kb14 secs @ 56k, 0 secs @ 2mb
Microsoft Word formatALL25(APR2017) Application for the mandatory alcohol conditions to be disapplied in Word format128 Kb18 secs @ 56k, 1 sec @ 2mb
Microsoft Word formatALL24(APR2017) Application for minor variation to prem or club prem certificate under LA 2003 in Word format70 Kb10 secs @ 56k, 0 secs @ 2mb
Microsoft Word formatALL8(APR2017) Application to vary a prem licence to specify an individual as DPS under LA 2003 in Word format232 Kb33 secs @ 56k, 1 sec @ 2mb
Microsoft Word formatALL10(APR2017) Application to transfer a premises licence to be granted under the Licensing Act 2003 in Word format225 Kb32 secs @ 56k, 1 sec @ 2mb
Microsoft Word formatALL11(APR2017) Interim authority notice in Word format424 Kb1 min 1 sec @ 56k, 2 secs @ 2mb
Microsoft Word formatALL8 (APR2017) Application for a review of a prem licence or club prem certificate under LA 2003 in Word format264 Kb38 secs @ 56k, 1 sec @ 2mb
Microsoft Word formatALL13 (APR2017) Declaration for a club premises cert to be granted and application for a club premises in Word format67 Kb10 secs @ 56k, 0 secs @ 2mb
Microsoft Word formatALL15(APR2017) Application to vary a club premises certificate to be granted under the Licensing Act 2003 in Word format118 Kb17 secs @ 56k, 0 secs @ 2mb
Microsoft Word formatALL16A(APR2017) Consent of individual to being specified as premises supervisor in Word format177 Kb25 secs @ 56k, 1 sec @ 2mb
Microsoft Word formatALL21(APR2017) Temporary Event Notice in Word format96 Kb14 secs @ 56k, 0 secs @ 2mb

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