Regulated entertainment

The provision of 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

In order for the provision of entertainment or entertainment facilities to be regulated, two conditions must be satisfied:

• the entertainment or entertainment facilities must be provided:
  • for the public or a section of the public
  • for members and their guests of a club which is a qualifying club
  • where the above do not apply, for consideration and with a view to profit
• that the premises on which the entertainment takes place, or entertainment facilities provided, are made available for the entertainment to take place

‘Entertainment facilities’ means facilities for enabling persons to take part in entertainment consisting of:

• making music
• dancing
• entertainment of a similar description to making music or for dancing

How do I obtain a licence to provide entertainment?

Unless temporary entertainment is being provided or the entertainment or location is exempt under the 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 (DPS).

Are there any exemptions from the requirement of a premises licence when providing entertainment?

Yes. But if alcohol is to be supplied, or late night refreshment provided, a licence will be required for those activities.

The main exemptions are:

• for the purposes of or purposes incidental to religious services or meetings or at places of public religious worship
• morris dancing or any similar dancing of a similar nature, 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 which is not itself regulated entertainment
• garden fetes - or functions or events of a similar nature if not being promoted or held for purposes of private gain
• film exhibitions for the purposes of advertisement, information, education - if the sole or main purpose of the exhibition of a film is:
  • to demonstrate any product
  • advertise any goods or services
  • provide information, education or instruction
• film exhibitions: museums and art galleries - where an entertainment consisting of the exhibition of a film, is or forms part of, an exhibit put on show for any purposes of a museum or art gallery
• use of television or radio receivers - where entertainment consists of the simultaneous reception and playing of a programme included in a programme service (however, showing pre-recorded entertainment would require a licence)
• vehicles in motion - ie where the provision of entertainment or entertainment facilities take place:
  • on premises consisting of or forming part of a vehicle
  • at a time when the vehicle is not permanently or temporarily parked

What about small events?

The ‘two in a bar’ rule an exemption for the requirement of a Public Entertainments Licence is being discontinued. Government believes that the rule encourages public houses to put on only one or two entertainers all night. The Licensing Act 2003 aims to remove the disincentive and provide for all kinds of live music to be on an equal footing whether one, two, five or ten performers are involved.

Section 177 of the Act provides that where:

• a premises licence or club premises certificate authorises the supply of alcohol for consumption on the premises and the provision of ‘music entertainment’ (live music or dancing or facilities enabling people to take part in those activities)
• the relevant premises are used primarily for the supply of alcohol for consumption on the premises
• the premises have a capacity limit of 200 persons

Then any licensing authority imposed conditions relating to the provision of the music entertainment will be suspended. This is subject to the exception of where the conditions were imposed as being necessary for public safety or the prevention of crime and disorder.

In addition, where:

• a premises licence or club premises certificate authorises the provision of music entertainment, which consists of the performance of unamplified, live music
• 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 that music entertainment but, no other regulated entertainment, any licensing authority imposed conditions on the licence which relate to the provision of the music entertainment will be suspended.

These suspensions can be removed in relation to any condition of a premises licence or club premises certificate following a review of the licence or certificate when further conditions may also be added to the licence or certificate.

Will a licence be required if pub customers suddenly start singing?

No. Any spontaneous singing will not be licensable.

Will I require a licence to show broadcast TV in my pub?

Live broadcast entertainment is exempt from the licensing regime. However, if you wish to show recorded entertainment on your TV (video or DVD for example) an authorisation will be required.

Will jukeboxes be licensable?

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, for instance, a dance floor is also provided or it is not incidental.

What about a disc jockey?

A disc jockey playing to a public audience would amount to regulated entertainment and would therefore need to be authorised by the premises licence, club premises certificate or temporary event notice.

Will pub games require a licence?

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.

Will a licence be required to stage entertainment in a scout/guide hall?

If regulated entertainment is provided for the public in a scout hall or similar premises, or if a charge is made to a private audience with a view to profit, including for a charity, then the provision of regulated entertainment at such premises would require a premises licence or temporary event notice. If the public is not invited and a charge is made to a private audience (like family and friends) just to cover costs, and not make a profit, then this will not be the provision of regulated entertainment and a licence will not be required. Similarly, if anyone invited to a private performance was not charged for attending the event but was free to make a voluntary donation to a charity of their own choice, no licence will be necessary. However, if the performance is to any extent open to the public (whether the public are charged or not) a licence will be required.

Will a circus require a licence to provide entertainment?

If a circus or pleasure fair provides regulated entertainment as defined in the Licensing Act (or there are to be supplies of alcohol or provision of late night refreshment) an authorisation (eg a premises licence or a temporary event notice) will e required to cover the licensable activity.

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