Licensing

What is regulated entertainment?

This is entertainment provided in the presence of an audience for the purpose of entertaining that audience. The person responsible for the function or the location where the event takes place will require a Premises Licence or a Temporary Events Notice.

Types of 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,
• 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 etc.),
• circuses,
• Punch and Judy shows
• re-enactment societies.

Entertainment facilities

These are facilities made available to customers so that they can take part in the following forms of entertainment:

• making music,
• dancing,
• entertainment of a similar description, for example providing:
  
  
  • a stage, karaoke machine or microphones etc.,
  • a dance floor or removing furniture in an area set aside for dancing.

Exemptions from regulated entertainment

Unless alcohol or late night refreshment is provided, the following may be exempt:

• carol singers (unless a particular performance has been arranged);
• religious services or meetings anywhere;
• morris dancing or any dancing of a similar nature;
• incidental music (as part of other activity which is not itself regulated entertainment);
• garden fêtes or similar events, if not held for private gain;
• film exhibitions in museums and art galleries;
• simultaneous viewing of broadcast television (showing recorded DVDs and videos will require a licence);
• regulated entertainment in places of public religious worship;
• spontaneous singing and dancing;
• rehearsals (unless for public entertainment or where there is a charge for profit);
• jukeboxes, as long as they provide incidental music only.

Pub games

Games commonly played in pubs, social clubs and youth clubs, like pool, darts, table tennis, snooker and billiards, may fall within the definition of indoor sports. These games are normally not played for the entertainment of spectators but for the private enjoyment of the participants. As such they are not regulated entertainment and do not require a licence.

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.

Fee exemptions

Applications for a Premises Licence where the only activity is regulated entertainment may be exempted from the application fee and annual fees.

Entertainment in private homes and gardens

This is not licensable unless the host charges their guests with a view to making a profit.

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