Private Places of Entertainment (Licensing) Act 1967 (repealed)

F1 5A Meaning of promotion for private gain. E+W

(1) For the purposes of this Act entertainment is promoted for private gain if, and only if—

(a) any proceeds of the entertainment, that is to say, any sums paid for admission to the entertainment; or

(b) any other sums (whenever paid) which, having regard to all the circumstances, can reasonably be regarded as paid wholly or partly for admission to the entertainment; or

(c) where the entertainment is advertised (whether to the public or otherwise), any sums not falling within paragraph (b) above which are paid for facilities or services provided for persons admitted to the entertainment; are applied wholly or partly for purposes of private gain.

(2) If in proceedings for an offence under section 4 (1) above any question arises whether an entertainment was promoted for private gain and it is proved—

(a) that any sums were paid for admission to the entertainment or to the premises at which it was given and that the entertainment was advertised to the public; or

(b) that any sums were paid for facilities or services provided for persons admitted to the entertainment and that the entertainment was advertised (whether to the public or otherwise); or

(c) that the amount of any payment falling to be made in connection with the promotion of the entertainment was determined wholly or partly by reference to the proceeds of the entertainment or any facilities or services provided for persons admitted to it;

the entertainment shall be deemed to have been promoted for private gain unless the contrary is shown.

(3) Where an entertainment is promoted by a society which is established and conducted wholly for purposes other than purposes of any commercial undertaking and sums falling within subsection (1) above are applied for any purpose calculated to benefit the society as a whole, the entertainment shall not be held to be promoted for private gain by reason only that the application of those sums for that purpose results in benefit to any person or an individual.

(4) In subsection (3) above “society” includes any club, institution, organisation or association of persons, by whatever name called.

Textual Amendments

F1 S. 5A inserted (with application in respective London boroughs as from the day appointed in relation to the borough as mentioned in ss. 3(1), 20(1)) by London Local Authorities Act 1991 (c. xiii), s. 20(1)(3).