Regulated Entertainment
The provision of regulated entertainment covers the provision of entertainment or of entertainment facilities. The descriptions of entertainment in the Act are:
- the performance of a play
- an exhibition of a film
- an indoor sporting event
- boxing or wrestling entertainment (whether indoor or outdoor)
- a performance of live music
- any playing of recorded music
- a performance of dance
- entertainment of a similar description to live music, recorded music or dance.
To be "regulated entertainment" the entertainment must take place in the presence of an audience and be provided for the purpose of, or for purposes that include, entertaining that audience.
"Entertainment facilities" are facilities for enabling people to take part in entertainment for the purpose of being entertained or for purposes, which include the purpose, of being entertained.
This applies only to:
- making music
- dancing
- entertainment of a similar description to making music or dancing
"Entertainment facilities" are, for example, a dance floor provided for customers to use, whereas "entertainment" might involve a performance of dance provided for an audience.
In order for the provision of entertainment or entertainment facilities to be regulated, two conditions must be satisfied.
- First, the entertainment or entertainment facilities must be provided:
- for the public or a section of the public (to any extent);
- exclusively for members and their guests of a club which is a qualifying club in relation to the provision of regulated entertainment; or
- where (a) and (b) do not apply, for consideration and with a view to profit.
- Second, the premises on which the entertainment takes place, or entertainment facilities provided, are made available for the entertainment to take place.
There are exceptions to the requirement for a Premises Licence being required for the provision of regulated entertainment BUT if alcohol is to be supplied, or late night refreshment provided, a Premises Licence will be required for those activities.
The main exemptions for the provision of entertainment and entertainment facilities from the requirement for a licence under the Licensing Act are as follows:
- for the purposes of or incidental to religious services/meetings or at places of public religious worship
- morris dancing or any 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, etc. if the sole or main purpose of the exhibition of a film is (a) to demonstrate any product; (b) advertise any goods or services, or (c) 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 within the meaning of the Broadcasting Act 1990 (however, showing pre-recorded entertainment would require a licence);
- vehicles in motion i.e. where the provision of entertainment or entertainment facilities 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.