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Regulated entertainment
The person responsible for the function or the location where
regulated entertainment takes place in front of an audience
requires a Premises
Licence, Club Premises Certificate or a Temporary Events
Notice.
Entertainment in the presence of an audience
Regulated entertainment is entertainment provided in the
presence of an audience for the purpose of entertaining that
audience. “Audience” – an activity is licensable as regulated
entertainment if (a) it falls within one or more of the
descriptions of entertainment in paragraph 2 of Schedule 1 to the
Licensing
Act 2003 and (b) takes place in the presence of an audience for
whose entertainment (at least in part) it is provided. An audience
member need not be, or want to be, entertained: what matters is
that an audience is present and that the purpose of the licensable
activity is (at least in part) intended to entertain any person
present. The audience will not include performers, together with
any person who contributes technical skills in substantial support
of a performer (for example, a sound engineer or stage technician),
during any activities associated with that performance. These
activities include setting up before the performance, reasonable
breaks (including intervals) between songs and packing up
thereafter.
Types of regulated entertainment
The following will require a licence:
- the performance of a play;
- the exhibition of a film;
- an indoor sporting event;
- boxing or wrestling indoors or outdoors;
- the performance of live music (please see the
possible exemption below)
- playing recorded music (including the use of DJs);
- the performance of dance and entertainment of a similar nature
where entertainment is in front of a live audience (this includes
striptease, pole dancing no more than 11 times in a calendar
year).
These activities fall within regulated entertainment as
entertainment of a similar nature:
- circuses (If a circus or pleasure fair provides entertainment
an authorisation (e.g. a premises licence or a temporary event
notice) will be required to cover the licensable activity.
- Punch and Judy shows (Punch and Judy shows are currently
licensable when performed for the public or for members and
their guests of a qualifying club or to a private audience for
consideration and with a view to profit by the organiser);
- re-enactment societies (If the re-enactments are dramatic
pieces in which what is done by the persons performing (whether by
way of speech, singing or action) involves them playing a role in
the presence of an audience for the purposes of entertaining that
audience then they would come within the definition of a "play"
under the Licensing Act).
Exemptions from regulated entertainment
Live music
For the purposes of the Live Music Act
2012, “relevant-licensed premises” refers to premises which are
authorised to supply alcohol for 'consumption on the premises' by a
premises licence or club premises certificate.
Public performance of live unamplified music that takes place
inside a premises between 8am and 11pm on any day before
audiences of no more than 200 persons on the premises no longer
requires a licence. An exception to this is where a specific
condition related to live music is included following a review of
the premises licence or certificate in respect of a relevant
licensed premises.
Under the ‘live music’ provisions, “‘music’ includes vocal or
instrumental music or any combination of the two”. ‘Live music’ is
a performance of live music in the presence of an audience, which
it is intended to entertain. While a performance of live music can
include the playing of some recorded music, ‘live’ music requires
that the performance does not consist entirely of the playing of
recorded music without any additional (substantial and continual)
creative contribution being made. So, for example, a drum machine
or backing track being used to accompany a vocalist or a band would
be part of the performance of amplified live music. A DJ who is
merely playing tracks would not be a performance of live music, but
might if he or she was performing a set, which largely consisted of
mixing recorded music to create new sounds. There will inevitably
be a degree of judgment as to whether a performance is live music
or not and organisers of events should be encouraged to check with
their licensing authority if in doubt. In the event of a dispute
about whether a performance is live music or not, it will
ultimately be for the courts to decide in the individual
circumstances of any case.
Incidental music
The incidental performance of live music and incidental playing
of recorded music may not be regarded as the provision of regulated
entertainment activities under the 2003 Act in certain
circumstances. This is where they are incidental to another
activity which is not itself entertainment. This exemption does not
extend to the provision of other forms of regulated
entertainment.
Whether or not music of this kind is “incidental” to other
activities is expected to be judged on a case by case basis and
there is no definition in the 2003 Act. It will ultimately be for
the courts to decide whether music is “incidental” in the
individual circumstances of any case.
The operator of the premises concerned must first decide whether
or not they need a premises licence. In considering whether or not
music is incidental, one factor will be whether or not, against a
background of the other activities already taking place, the
addition of music will create the potential to undermine the four
licensing objectives of the 2003 Act. Other factors might include
some or all of the following:
- Is the music the main, or one of the main, reasons for people
attending the premises?
- Is the music advertised as the main attraction?
- Does the volume of the music disrupt or predominate over other
activities or could it be described as ‘background’ music?
Conversely, factors which would not normally be relevant
include:
- number of musicians, e.g. an orchestra may provide incidental
music at a large exhibition.
- whether musicians are paid.
- whether the performance is pre-arranged.
- whether a charge is made for admission to premises.
Stand-up comedy is not regulated entertainment and musical
accompaniment incidental to the main performance would not make it
a licensable activity. But there are likely to be some
circumstances which occupy a greyer area. In cases of doubt,
operators should seek the advice of the licensing authority,
particularly with regard to their policy on enforcement.
Carol singers
Carol singers going from door to door, or just deciding to sing
in a particular place, or even turning up unannounced in a pub and
singing, incidental to other activities or part of a religious
service would not require a licence, just as drinkers in a public
house who suddenly decided to start singing carols would not be
licensable. However, some carol concerts may fall into the
definition of regulated entertainment - for example, a concert with
an audience. If in doubt, organisers should contact their licensing
authority.
If a carol service is organised, advertised and provided for an
audience there would seem to be little doubt that this would be
licensable. However, a group of carol singers (players) outside a
shop could be construed as incidental to the activity of people
going about shopping and therefore exempt from the requirement for
a licence. It would make no difference whether or not they were
seeking voluntary contributions to charity from passers by. This is
different from a scenario where a shopping centre or individual
business has organised a carol performance for an audience in a
shopping mall which would require a licence or temporary event
notice. Under the 2003 Act, there is no distinction between the
singing of religious or secular carols unless the carols were
performed as part of a religious service or in a place of public
religious worship, which would not then require a licence.
Religious Services or Places of Worship
Entertainment that takes part during a religious service or at a
place of worship is not licensable activities.
Morris Dancing and Carnivals
Morris dancing whether performance or participation or any
dancing of a similar nature is not licensable activities.
Entertainment from carnival floats.
Film Exhibition
A film exhibition solely to demonstrate a product, advertise any
goods or services, or provide information, education or instruction
is not licensable activities. This includes any film
exhibition at a museum or art gallery.
Live television or radio broadcasts (please note if the event
shown is on SKY television you are required to have a licence from
SKY) are not licensable activities.
However, if you wish to show recorded entertainment on your TV
(using, for example, video or DVD) an authorisation will be
required.
Spontaneous singing and dancing
The spontaneous performance of music, singing or dancing, for
example singing "Happy Birthday", will not be
licensable.
Pub games
Games commonly played in pubs like pool or darts would not
necessarily need to be authorised under the licence as they are not
generally played for the entertainment of spectators. However if,
for example, a darts exhibition match or championship were staged
for spectators, that would be regulated entertainment.
Music tuition and rehearsals
Music tuition will not require a licence as the music (and the
premises) is not being provided for the entertainment of an
audience, but for the purpose of educating those present.
Rehearsals will not require a licence, unless the rehearsal is
provided for the entertainment of the public, or the members and
their guests of a qualifying club with a view to making a
profit.
Private homes and gardens
Any performances of live music that take place in private homes
and gardens for private parties and weddings will not be licensable
unless the host takes the unusual step of charging his guests to
attend and with a view to making a profit.
Jukebox
The playing of recorded music that is incidental to other
activities that are not themselves the provision of regulated
entertainment will be exempt. A jukebox in a pub will not
necessarily have to be authorised unless, the jukebox music is
played at high volume.
Garden fetes or similar events
Garden fetes or events of a similar nature do not require
licence if they are not being promoted or held for purposes of
private gain;
Vehicles in motion
Vehicles in motion are not licensable – i.e. where the
provision of entertainment take place (a) on premises consisting of
or forming part of a vehicle, and (b) at a time when the vehicle is
not permanently or temporarily parked.
Due diligence
If a person is charged with the
offence of carrying on an unauthorised licensable activity, their
only defence is due diligence. The burden of proof when invoking
this defence falls on the individual making the defence. This
requires them to produce evidence that they have taken all
reasonable steps to comply with the law. If found guilty, they may
be liable for a maximum fine of £20,000 and/or a maximum of three
months' imprisonment.
Club premises
Regulated entertainment can only
be for the purpose of providing the entertainment to the members
and their guests on the club premises. Entertainment must not be
advertised to the public and in no way should they be allowed entry
to entertainment at the premises covered by a Club Premises
Certificate.
If a hall at club premises is to
be hired to the public for regulated entertainment, it will be
necessary to apply for a Premises Licence and not a Club Premises
Certificate. This will benefit the club making it possible to:
- hire out the hall to the public for birthday parties and
wedding receptions where regulated entertainment takes place;
- advertise regulated entertainment to the public;
- allow the public to enter the premises (if the club
wishes).
This does not prevent the premises from being run as as a club
and the fee is the same as that for a Club Premises
Certificate.
Other types of licence you may need
The Performing Rights
Society and Phonographic
Performance Limited collect and distribute licence fees for the
public performance and broadcast of musical works, you should visit
their websites to ensure that you are compliant with their
regulations.
Fee exemptions
Applications for a Premises Licence where the only activity is
regulated entertainment at particular types of premises may be
exempted from the application fee and
annual fees
Legal information
Please note that the information above is not legal advice.
Legislation and procedures may change over time and the advice
given is based on the information available at the current time. It
is not necessarily comprehensive and will be subject to revision in
the event of further government guidance and regulations. This
advice is not intended to be a definitive guide to or substitute
for the relevant law.
The council is happy to provide information but cannot give
advice on individual applications. Please seek legal and
professional advice.
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