Draft Order laid before Parliament under section 197(4) of the Licensing Act 2003, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
Licences And Licensing, England And Wales
Made
2013
Coming into force in accordance with article 1
The Secretary of State, in exercise of the powers conferred by section 197(2) of, and paragraph 4 of Schedule 1 to, the Licensing Act 2003(1), makes the following Order.
In accordance with section 197(4) of that Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.
1.—(1) This Order may be cited as the Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013, and comes into force the day after the day on which it is made.
(2) In this Order, “the 2003 Act” means the Licensing Act 2003.
2.—(1) Paragraph 2 of Schedule 1 to the 2003 Act (descriptions of entertainment) is amended as follows.
(2) In sub-paragraph (1), for the words from “the entertainment takes place” to the end substitute “the following conditions are satisfied (so far as relevant)”.
(3) After that sub-paragraph insert—
“(1A) The first condition is that the entertainment—
(a)takes place in the presence of an audience, and
(b)is provided for the purpose, or for purposes which include the purpose, of entertaining that audience.
(1B) The second condition is relevant only to a performance of a play, and is that one or more of the following applies—
(a)the audience consists of more than 500 persons;
(b)the entertainment takes place before 8am on any day;
(c)the entertainment takes place after 11pm on any day.
(1C) The third condition is relevant only to an indoor sporting event, and is that one or more of the following applies—
(a)the audience consists of more than 1000 persons;
(b)the entertainment takes place before 8am on any day;
(c)the entertainment takes place after 11pm on any day.
(1D) The fourth condition is relevant only to a performance of dance, and is that one or more of the following applies—
(a)the audience consists of more than 500 persons;
(b)the entertainment takes place before 8am on any day;
(c)the entertainment takes place after 11pm on any day;
(d)the entertainment is relevant entertainment within the meaning of paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (meaning of “sexual entertainment venue”).
(1E) So much of any entertainment of a description specified in paragraphs (a) to (h) of sub-paragraph (1) as does not satisfy the conditions in sub-paragraphs (1A) to (1D) (so far as relevant) is not to be regarded as falling within sub-paragraph (1).”(2)
(4) In sub-paragraph (2), for “in sub-paragraph (1)” substitute “in this paragraph”.
3. In the definition of “sporting event” in paragraph 16(2) of Schedule 1 to the 2003 Act, after “sport” insert “other than a boxing or wrestling entertainment”.
4. In paragraph 17 of Schedule 1 to the 2003 Act, after “wrestling” (in the second place it occurs) insert “, or which combines boxing or wrestling with one or more martial arts”.
5.—(1) Paragraph (2) applies where (and to the extent that), immediately before this Order comes into force, a premises licence or club premises certificate authorised as an indoor sporting event the provision on or from specified premises of a boxing or wrestling entertainment or a contest, exhibition or display which combines boxing or wrestling with one or more martial arts.
(2) After this Order comes into force—
(a)such a licence or certificate will be treated as authorising that contest, exhibition or display as a boxing or wrestling entertainment; and
(b)any condition of that licence or certificate which relates to the provision of such a contest, exhibition or display on or from those premises continues to apply.
(3) In paragraph (2), “condition” means a condition included in or added to a premises licence or club premises certificate under or pursuant to the 2003 Act.
Hugh Robertson
Minister of State
Department for Culture, Media and Sport
Date
(This note is not part of the Order)
The Licensing Act 2003 (c. 17) (“the Act”) provides a unified framework for the regulation of a number of specified activities, including the provision of regulated entertainment. A person may not carry on a specified activity otherwise than under and in accordance with an authorisation. Schedule 1 to the Act is concerned with what constitutes the provision of regulated entertainment.
Article 2 of this Order amends the descriptions of entertainment in paragraph 2 of Schedule 1 to the Act so that an authorisation for an indoor sporting event or a performance of a play or dance may be required only when the audience exceeds a specified number or the entertainment does not take place between 8am and 11pm on any day. Authorisation may also be needed if a performance of dance is “relevant entertainment” within the meaning of paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 and is not exempt by virtue of paragraph 11A to Schedule 1 of the Act.
The effect of the amendments made by articles 3 and 4 of this Order to definitions in Part 3 of Schedule 1 to the Act is to make clear that a contest, exhibition or display which combines boxing or wrestling with one or more martial arts (a “combined fighting sport”) is licensable under the Act as a boxing or wrestling entertainment rather than an indoor sporting event.
The transitional provisions in article 5 ensure that, to the extent that a boxing or wrestling entertainment or a combined fighting sport has been authorised as an indoor sporting event, that authorisation (with any conditions that relate to that contest, exhibition or display) continues after this Order takes effect, but is treated as authorising that contest, exhibition or display as a boxing or wrestling entertainment.
A full impact assessment as to the effect that this Order and other proposals to amend the way that entertainment is regulated under the Act will have on the costs of business, the voluntary sector and the public sector is available on the Government website (https://www.gov.uk/).
This impact assessment is also published with the Explanatory Memorandum alongside this Order at www.legislation.gov.uk.
2003 c.17; paragraph 4 of Schedule 1 was amended by section 2(8) of the Live Music Act 2012 (c.2).
1982 c. 30; paragraph 2A was added by section 27(1) and (3) of the Policing and Crime Act 2009 (c. 26).