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.
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.