Licensing Act 2003 – Public Entertainment Licences.
A partial summary of the Act of Parliament, for private events, barn dances, club and pub gigs, and similar small musical events.
Please use what follows just as a guide to help finding the sections that may apply to your own particular case – I have truncated, excerpted and abbreviated the vastly longer full document, so that it acts as a guide to finding the bits that apply to my own interests, and may be relevant to yours – please do follow the links to the full contents pages, and to the individual sections.
3) I have no legal knowledge, this excerpt has no legal standing,
and should only be used as an aid to reading the full Act, with proper legal
advice.
Contents page for the PEL Act :
http://www.hmso.gov.uk/acts/acts2003/20030017.htm#aofs
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Licensing Act 2003 |
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2003 Chapter 17 |
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An Act to make provision about the regulation of the sale and supply of alcohol, the provision of entertainment and the provision of late night refreshment, about offences relating to alcohol and for connected purposes. [ BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- |
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CONTENTS |
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LICENSABLE ACTIVITIES |
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Section |
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Authorisation for licensable activities and qualifying club activities |
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PART 1 |
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LICENSABLE ACTIVITIES |
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Licensable activities and qualifying club activities |
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(1) For the purposes of this Act
the following are licensable activities- |
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(a) the sale by retail of alcohol, |
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(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club, |
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(c) the provision of regulated entertainment, and |
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(d) the provision of late night refreshment. |
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(2) For those purposes the
following licensable activities are also qualifying club activities- |
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(a) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club, |
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(b) the sale by retail of alcohol by or on behalf of a club to a guest of a member of the club for consumption on the premises where the sale takes place, and |
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(c) the provision of regulated entertainment where that provision is by or on behalf of a club for members of the club or members of the club and their guests. |
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Authorisation for
licensable activities and qualifying club activities |
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(4) For the purposes of subsection
(3) "authorisation" means- |
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(a) a premises licence; |
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(b) a club premises certificate; |
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(c) a temporary event notice. |
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PART 4 |
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CLUBS |
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Introductory |
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The general conditions |
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(1) The general conditions which a
club must satisfy if it is to be a qualifying club in relation to a
qualifying club activity are the following. |
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(2) Condition 1 is that under the
rules of the club persons may not- |
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(a) be admitted to membership, or |
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(b) be admitted, as candidates for membership, to any of the privileges of membership, |
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without an interval of at least two days between their nomination or application for membership and their admission. |
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(3) Condition 2 is that under the rules of the club persons becoming members without prior nomination or application may not be admitted to the privileges of membership without an interval of at least two days between their becoming members and their admission. |
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PART 5 |
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PERMITTED TEMPORARY ACTIVITIES |
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Introductory |
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Temporary event notice |
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(1) Where it is proposed to use
premises for one or more licensable activities during a period not exceeding
96 hours, an individual may give to the relevant licensing authority notice
of that proposal (a "temporary event notice"). |
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(2) In this Act, the
"premises user", in relation to a temporary event notice, is the
individual who gave the notice. |
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(3) An individual may not give a
temporary event notice unless he is aged 18 or over. |
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(4) A temporary event notice must
be in the prescribed form and contain- |
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(a) a statement of the matters mentioned in subsection (5), <....> |
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(5) Those matters are- |
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(a) the licensable activities to which the proposal mentioned in subsection (1) relates ("the relevant licensable activities"), |
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(b) the period (not exceeding 96 hours) during which it is proposed to use the premises for those activities ("the event period"), |
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(c) the times during the event period when the premises user proposes that those licensable activities shall take place, |
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(d) the maximum number of persons (being a number less than 500) which the premises user proposes should, during those times, be allowed on the premises at the same time, |
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(e) where the relevant licensable activities include the supply of alcohol, whether supplies are proposed to be for consumption on the premises or off the premises, or both, and |
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(f) such other matters as may be prescribed. |
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(6) Where the relevant licensable
activities include the supply of alcohol, the notice must make it a condition
of using the premises for such supplies that all such supplies are made by or
under the authority of the premises user. |
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(7) The temporary event notice- |
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(a) must be given to the relevant licensing authority (in duplicate) no later than ten working days before the day on which the event period begins, and |
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(b) must be accompanied by the prescribed fee. |
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Personal licence |
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(1) In this Act "personal
licence" means a licence which- |
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(a) is granted by a licensing authority to an individual, and |
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(b) authorises that individual to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence. |
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(2) In subsection (1)(b) the
reference to an individual supplying alcohol is to him- |
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(a) selling alcohol by retail, or |
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(b) supplying alcohol by or on behalf of a club to, or to the order of, a member of the club. |
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PART 6 |
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PERSONAL LICENCES |
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Introductory |
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111 |
Personal licence |
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(1) In this Act "personal
licence" means a licence which- |
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(a) is granted by a licensing authority to an individual, and |
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(b) authorises that individual to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence. |
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(2) In subsection (1)(b) the
reference to an individual supplying alcohol is to him- |
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(a) selling alcohol by retail, or |
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(b) supplying alcohol by or on behalf of a club to, or to the order of, a member of the club. |
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Production of licence |
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PART 9 |
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MISCELLANEOUS AND SUPPLEMENTARY |
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Special occasions |
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Exemption for raffle, tombola, etc. "exempt entertainment" has the same meaning as in section 3(1) of the Lotteries and Amusements Act 1976 (c.32); |
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Small premises |
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Dancing and live music in certain small premises |
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(1) Subsection (2) applies where- |
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(a) a premises licence authorises- |
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(i) the supply of alcohol for consumption on the premises, and |
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(ii) the provision of music entertainment, and |
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(b) the premises- |
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(i) are used primarily for the supply of alcohol for consumption on the premises, and |
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(ii) have a permitted capacity of not more than 200 persons. |
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(2) At any time when- |
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(a) the premises- |
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(i) are open for the purposes of being used for the supply of alcohol for consumption on the premises, and |
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(ii) are being used for the provision of music entertainment, and |
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(b) subsection (4) does not apply, |
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any licensing authority imposed
condition of the premises licence which relates to the provision of music
entertainment does not have effect, in relation to the provision of that
entertainment, unless it falls within subsection (5) or (6). |
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(3) Subsection (4) applies where- |
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(a) a premises licence authorises the provision of music entertainment, and |
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(b) the premises have a permitted capacity of not more than 200 persons. |
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(4) At any time between the hours
of |
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(a) are being used for the provision of music entertainment which consists of- |
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(i) the performance of unamplified, live music, or |
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(ii) facilities for enabling persons to take part in entertainment within sub-paragraph (i), but |
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(b) are not being used for the provision of any other description of regulated entertainment, |
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any licensing authority imposed
condition of the premises licence which relates to the provision of the music
entertainment does not have effect, in relation to the provision of that entertainment,
unless it falls within subsection (6). |
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(5) A condition falls within this
subsection if the premises licence specifies that the licensing authority
which granted the licence considers the imposition of the condition necessary
on one or both of the following grounds- |
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(a) the prevention of crime and disorder, |
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(b) public safety. |
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(6) A condition falls within this
subsection if, on a review of the premises licence- |
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(a) it is altered so as to include a statement that this section does not apply to it, or |
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(b) it is added to the licence and includes such a statement. |
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(7) This section applies in
relation to a club premises certificate as it applies in relation to a
premises licence except that, in the application of this section in relation
to such a certificate, the definition of "licensing authority imposed
condition" in subsection (8) has effect as if for "section
18(3)(b)" to the end there were substituted "section 72(3)(b) (but
is not referred to in section 72(2)) or which is imposed by virtue of section
85(3)(b) or 88(3)". |
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(8) In this section- |
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"licensing authority imposed condition" means a condition which is imposed by virtue of section 18(3)(b) (but is not referred to in section 18(2)(a)) or which is imposed by virtue of 35(3)(b), 52(3) or 167(5)(b) or in accordance with section 21; |
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"music entertainment" means- |
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(a) entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(e) or (g) of Schedule 1, or |
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(b) facilities enabling persons to take part in entertainment within paragraph (a); |
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"permitted capacity", in relation to any premises, means- |
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(a) where a fire certificate issued under the Fire Precautions Act 1971 (c.40) is in force in respect of the premises and that certificate imposes a requirement under section 6(2)(d) of that Act, the limit on the number of persons who, in accordance with that requirement, may be on the premises at any one time, and |
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(b) in any other case, the limit on the number of persons who may be on the premises at any one time in accordance with a recommendation made by, or on behalf of, the fire authority for the area in which the premises are situated (or, if the premises are situated in the area of more than one fire authority, those authorities); and |
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"supply of alcohol" means- |
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(a) the sale by retail of alcohol, or |
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(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club. |
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Interpretation |
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S C H E D U L E S |
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Section 1 |
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PROVISION OF REGULATED ENTERTAINMENT |
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GENERAL DEFINITIONS |
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GENERAL DEFINITIONS |
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The provision of regulated entertainment |
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(1) For the purposes of this Act the "provision of
regulated entertainment" means the provision of- |
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(a) entertainment of a description falling within paragraph 2, or |
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(b) entertainment facilities falling within paragraph 3, |
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where the conditions in
sub-paragraphs (2) and (3) are satisfied. |
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(2) The first condition is that
the entertainment is, or entertainment facilities are, provided- |
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(a) to any extent for members of the public or a section of the public, |
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(b) exclusively for members of a club which is a qualifying club in relation to the provision of regulated entertainment, or for members of such a club and their guests, or |
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(c) in any case not falling within paragraph (a) or (b), for consideration and with a view to profit. |
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(3) The second condition is that
the premises on which the entertainment is, or entertainment facilities are,
provided are made available for the purpose, or for purposes which include the
purpose, of enabling the entertainment concerned (whether of a description
falling within paragraph 2(1) or paragraph 3(2)) to take place. |
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To the extent that the provision of entertainment facilities consists of making premises available, the premises are to be regarded for the purposes of this sub-paragraph as premises "on which" entertainment facilities are provided. |
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(4) For the purposes of
sub-paragraph (2)(c), entertainment is, or entertainment facilities are, to
be regarded as provided for consideration only if any charge- |
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(a) is made by or on behalf of- |
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(i) any person concerned in the organisation or management of that entertainment, or |
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(ii) any person concerned in the organisation or management of those facilities who is also concerned in the organisation or management of the entertainment within paragraph 3(2) in which those facilities enable persons to take part, and |
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(b) is paid by or on behalf of some or all of the persons for whom that entertainment is, or those facilities are, provided. |
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(5) In sub-paragraph (4),
"charge" includes any charge for the provision of goods or
services. |
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(6) For the purposes of
sub-paragraph (4)(a), where the entertainment consists of the performance of
live music or the playing of recorded music, a person performing or playing
the music is not concerned in the organisation or
management of the entertainment by reason only that he does one or more of
the following- |
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(a) chooses the music to be performed or played, |
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(b) determines the manner in which he performs or plays it, |
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(c) provides any facilities for the purposes of his performance or playing of the music. |
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(7) This paragraph is subject to
Part 2 of this Schedule (exemptions). |
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Entertainment |
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2 |
(1) The descriptions of entertainment are- |
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(a) a performance of a play, |
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(b) an exhibition of a film, |
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(c) an indoor sporting event, |
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(d) a boxing or wrestling entertainment, |
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(e) a performance of live music, |
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(f) any playing of recorded music, |
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(g) a performance of dance, |
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(h) entertainment of a similar description to that falling within paragraph (e), (f) or (g), |
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where the entertainment takes
place in the presence of an audience and is provided for the purpose, or for
purposes which include the purpose, of entertaining that audience. |
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(2) Any reference in sub-paragraph
(1) to an audience includes a reference to spectators. |
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(3) This paragraph is subject to
Part 3 of this Schedule (interpretation). |
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Entertainment facilities |
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(1) In this Schedule, "entertainment facilities"
means facilities for enabling persons to take part in entertainment of a
description falling within sub-paragraph (2) for the purpose, or for purposes
which include the purpose, of being entertained. |
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(2) The descriptions of
entertainment are- |
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(a) making music, |
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(b) dancing, |
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(c) entertainment of a similar description to that falling within paragraph (a) or (b). |
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(3) This paragraph is subject to Part 3 of this Schedule (interpretation). |
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EXEMPTIONS |
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Film exhibitions for the purposes of advertisement,
information, education, etc. |
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The provision of entertainment consisting of the
exhibition of a film is not to be regarded as the provision of regulated
entertainment for the purposes of this Act if its sole or main purpose is to-
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(a) demonstrate any product, |
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(b) advertise any goods or services, or |
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(c) provide information, education or instruction. |
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Film exhibitions: museums and art galleries |
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The provision of entertainment consisting of the
exhibition of a film is not to be regarded as the provision of regulated
entertainment for the purposes of this Act if it consists of or forms part of
an exhibit put on show for any purposes of a museum or art gallery. |
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Music incidental to certain other activities |
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The provision of entertainment consisting of the
performance of live music or the playing of recorded music is not to be
regarded as the provision of regulated entertainment for the purposes of this
Act to the extent that it is incidental to some other activity which is not
itself- |
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(a) a description of entertainment falling within paragraph 2, or |
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(b) the provision of entertainment facilities. |
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Use of television or radio receivers |
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The provision of any entertainment or entertainment
facilities is not to be regarded as the provision of regulated entertainment
for the purposes of this Act to the extent that it consists of the
simultaneous reception and playing of a programme
included in a programme service within the meaning
of the Broadcasting Act 1990 (c. 42). |
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Religious services, places of worship etc. |
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The provision of any entertainment or entertainment
facilities- |
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(a) for the purposes of, or for purposes incidental to, a religious meeting or service, or |
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(b) at a place of public religious worship, |
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is not to be regarded as the
provision of regulated entertainment for the purposes of this Act. |
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Garden fêtes, etc. |
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(1) The provision of any entertainment or entertainment
facilities at a garden fête, or at a function or event of a similar
character, is not to be regarded as the provision of regulated entertainment
for the purposes of this Act. |
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(2) But sub-paragraph (1) does not
apply if the fête, function or event is promoted with a view to applying the
whole or part of its proceeds for purposes of private gain. |
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(3) In sub-paragraph (2)
"private gain", in relation to the proceeds of a fête, function or
event, is to be construed in accordance with section 22 of the Lotteries and
Amusements Act 1976 (c. 32). |
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Morris dancing etc. |
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The provision of any entertainment or entertainment
facilities is not to be regarded as the provision of regulated entertainment
for the purposes of this Act to the extent that it consists of the provision
of- |
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(a) a performance of morris dancing or any dancing of a similar nature or a performance of unamplified, live music as an integral part of such a performance , or |
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(b) facilities for enabling persons to take part in entertainment of a description falling within paragraph (a). |
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Vehicles in motion |
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The provision of any entertainment or entertainment
facilities- |
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(a) on premises consisting of or forming part of a vehicle, and |
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(b) at a time when the vehicle is not permanently or temporarily parked, |
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is not to be regarded as the provision of regulated entertainment for the purposes of this Act. |
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INTERPRETATION |
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Plays |
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(1) A "performance of a play" means a
performance of any dramatic piece, whether involving improvisation or not,- |
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(a) which is given wholly or in part by one or more persons actually present and performing, and |
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(b) in which the whole or a major proportion of what is done by the person or persons performing, whether by way of speech, singing or action, involves the playing of a role. |
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(2) In this paragraph, "performance" includes rehearsal (and "performing" is to be construed accordingly). |
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167. This section provides that an individual, known as a premises user, who proposes to carry on a licensable activity for a temporary period of not more than 96 hours may submit a notice to the relevant licensing authority of the proposal for the event. Such notice is defined as a temporary event notice. The premises user must be at least 18 years old.
168. Subsections (4) and (5) provide that the notice must be in a form prescribed in regulations by the Secretary of State and set out certain details about the proposed event:
a) the licensable activities that are to be carried out
b) the total length of the event - which must not exceed 96 hours
c) the times during the event that the licensable activities are to be carried
out (for example, where an individual wishes to organise an event that covers
36 hours and where the bar will be open for two evenings within that time).
d) the maximum number of people to be allowed on to the premises at any one
time - which must be less than 500
e) whether any alcohol sales are to be made for consumption on or off the
premises (or both)
f) any other information that may be prescribed by regulations.
169. Subsection (6) requires that if the licensable activities proposed in the notice include the supply of alcohol, the notice must include a condition that all such supplies will be made by, or under the authority of, the premises user. The temporary event notice must be given to the licensing authority at least ten working days before the event. Before the time of the event the licensing authority must acknowledge the notice, the police must consider the notice and decide whether to give notice of objection and if the police object, the authority must, if necessary, convene a hearing, to decide whether to serve a counter notice. Although ten working days is the minimum specified, it is anticipated that in most circumstances greater notice will be given. The temporary event notice must be submitted in duplicate and accompanied by any fee prescribed in regulations made by the Secretary of State
170. Subsection (8) provides that the Secretary of State may by order (subject to affirmative resolution procedure) amend the limits as to the length of time permissible for any single temporary event and the number of people who may attend an event. This will enable the Secretary of State to change the limits in response to experience of the working of the new regime.
Section 101 - Minimum of 24 hours between event periods
171. This section provides that there must be a minimum period of 24 hours between temporary events held on the same premises by a premises user, or held by that user and another person who is related to, associated with or in business with that user. This prevents a premises user holding numerous consecutive temporary events as a means of avoiding an application for a premises licence. If a temporary event takes place on premises that are included within or include other premises where another temporary event takes place, then the two events are deemed to take place on the same premises.
Section 108 - Right of entry where temporary event notice given and
Section 109 - Duty to keep and produce temporary event notice
180. Constables and officers of a licensing authority will be able to enter premises to assess the likely impact of a temporary event notice on the promotion of the crime prevention objective. The officer of a licensing authority must, if requested, produce evidence of his authority. It is an offence to obstruct such an officer exercising his powers under this section. It is already an offence to obstruct a constable in the exercise of his duty (see Police Act 1996).
181. The premises user must ensure that the notice is displayed at the premises or is kept there under his control or the control of a person nominated by him. In the latter case, a notice to that effect must be displayed at the premises. It is an offence for the premises user to fail to comply with this requirement. It is also an offence for a person who holds the premises licence under such arrangements to fail to produce it to a constable or an officer of a licensing authority when requested to do so.
Section 177 - Dancing and live music in certain small premises
270. This section provides that where
a premises licence or club premises certificate authorises the sale of alcohol
for consumption on the premises and the provision of "music entertainment"
(live music or dancing),
the relevant premises are used primarily for the consumption of alcohol on
the premises, and
the premises have a capacity limit of up to 200
any conditions relating to the provision of the music entertainment imposed on the licence by the licensing authority, other than those set out by the licence or certificate holder in his operating schedule, will be suspended except where they were imposed as being necessary for public safety or the prevention of crime and disorder.
271. In addition, where
a premises licence or club premises certificate authorises the provision of
music entertainment, and
the premises have a capacity limit of 200
then, during the hours of 8am and midnight, if the premises are being used for the provision of live unamplified music but no other description of regulated entertainment any conditions imposed on the licence by the licence authority, again other than those set out in the operating schedule, which relate to the provision of the music entertainment will be suspended.
272. This section can be disapplied in relation to any condition of a premises licence or club premises certificate following a review of the licence or certificate.
Section 189 - Vessels, vehicles and moveable structures
284. The provisions for premises licences, club certificates and temporary permissions will apply to a vessel not permanently moored or berthed in a particular place as though they were premises situated at the place where it is normally moored or berthed. A vehicle or moveable structure - e.g. tent or inflatable building - which is not permanently located in the same place will be treated as premises located at any place where it is parked or set. So if licensable activities are carried on or from the vehicle when it is parked, a premises licence, club premises certificate or temporary event notice will be required, and where such activities take place when it is parked in more than one place, the vehicle will be treated as if it were separate premises at each location, and separate premises licence etc. will be required. Sections 29 to 31 (provisional statements re premises licences) do not apply to vessels, vehicles or moveable structures.
Schedule 1 - Provision of regulated entertainment
298. This Schedule defines the provision of regulated entertainment as covering entertainment provided solely or partly for members of the public, or exclusively to club members and their guests, or for which a charge is made, which is provided for profit (which will include to raise money for charity). It also covers the provision of entertainment facilities for participating in entertainment.
299. The definition would cover entertainment staged by a charity for purposes of fundraising, but would not, for example, include the provision of entertainment for a company or firm for its clients, for which no charge was made but which was connected with stimulating general goodwill which might be advantageous for the business.
300. Forms of entertainment to be regulated by the Act include:
a) plays - both performance and rehearsal;
b) the showing of films (or any exhibition of moving pictures);
c) all indoor sporting events. For the purposes of the Act, an indoor sporting
event is one which takes place inside a building for spectators wholly inside
that building. A sporting event that takes place at a venue whose roof can
be opened or closed would not constitute an indoor event, even when the roof
is closed. For the purposes of this Act, sport is defined as any contest in
which physical skill is the main factor and any form of physical recreation
engaged in for the purposes of competition or display. For example, tennis
would be covered by the definition. However, a game of chess contested publicly
would not;
d) outdoor boxing and wrestling matches. No other form of outdoor sport would
be regulated by the Act;
e) music: both the performance of live music and the playing of recorded music.
No distinction is made in the Act between different musical styles; and
f) performance of dance;
where the entertainment takes place in the presence of an audience and is provided for their entertainment.
301. The Secretary of State may by order (subject to the affirmative resolution procedure) amend the definitions included in the Schedule.
302. A number of exemptions to regulated entertainment are included in the Act including:-
a) the showing to an audience of television and radio programmes forming part
of a programme service within the meaning of the Broadcasting Act 1990 (so
long as the programmes have not been pre-recorded)
b) music which is incidental to an activity which is not itself the provision
of regulated entertainment, for example, music played in lifts or piano music
played in the background in a restaurant.
c) film exhibitions used for product demonstration, advertisement, information,
education or instruction. This would exempt, for example, educational films
shown in schools, or special advertisements shown at product display stands
in shopping centres.
d) the provision of entertainment or entertainment facilities for the purposes
of, or incidental to, a religious meeting or service or provided at a place
of public religious worship. This would exempt, not only the singing of hymns
or other religious material at a religious service, but also the performance
of a classical concert at a church.
e) entertainment at a garden fete.
f) morris dancing, or dancing of a similar nature.
g) entertainment provided on vehicles in motion.
Please use the above just as a guide to help finding the sections that may apply to your own particular case – I have truncated, excerpted and abbreviated the vastly longer full document, so that it acts as a guide to finding the bits that apply to my own interests, and may be relevant to yours – please do follow the links to the full contents pages, and to the individual sections.
Note : I have no legal knowledge,
this excerpt has no legal standing, and should only be used as an aid to
reading the full Act, with proper legal advice.
KentFolk 2003-8-16.