Extent Information
E1Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Modifications etc. (not altering text)
C1Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
Commencement Information
I1Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
(1)A licence, to be known as a “public entertainment licence”, shall be required for the use of premises as a place of public entertainment.
(2)In this section, “place of public entertainment” means any place whereF1... members of the public are admitted or may use any facilities for the purposes of entertainment or recreation but does not include—
(a)an athletic or sports ground while being used as such;
[F2(aa)premises in respect of which a licence is required under section 41A of this Act while such premises are being used for the purposes mentioned in that section;]
(b)an educational establishment while being used as such;
(c)premises belonging to or occupied by any religious body while being used wholly or mainly for purposes connected with that body;
(d)premises licensed under the M1Theatres Act 1968 [F3or section 1 of the Cinemas Act 1985] ;
[F4(e)premises in respect of which there is a club gaming permit (within the meaning of section 271 of the Gambling Act 2005 (c.19)) or a prize gaming permit (within the meaning of section 289 of that Act of 2005);]
(f)licensed premises within the meaning of the M2Licensing (Scotland) Act [F52005 (asp 16)] in which public entertainment is being provided during [F6licensed] hours within the meaning of that Act; F7...
(g)premises in which machines for entertainment or amusement are being provided incidentally to the main purpose or use of the premises where that main purpose or use is not as a place of public entertainment.[F8, or
(h)such other premises as the Scottish Ministers may by order made by statutory instrument specify.]
[F9(2A)A statutory instrument containing an order made under subsection (2)(h) is subject to annulment in pursuance of a resolution of the Scottish Parliament.]
(3)Without prejudice to [F10 section 3B of and ] paragraph 5 of Schedule 1 to this Act, a licensing authority may attach conditions to a public entertainment licence—
(a)restricting the use of the premises to a specified kind or specified kinds of entertainment or recreation;
(b)limiting the number of persons to be admitted to the premises;
(c)fixing the days and times when the premises may be open for the purposes of the entertainment or recreation.
(4)In this section, “educational establishment” has the meaning given by paragraphs (i) and (ii) of the definition of that expression in section 135(1) of the M3Education (Scotland) Act 1980 but includes a university and a theological college.
Textual Amendments
F1Words in s. 41(2) repealed (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(2)(a), 206(1); S.S.I. 2011/178, art. 2, sch.
F2S. 41(2)(aa) inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:2), s. 44(5)
F3Words in s. 41(2)(d) substituted (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(2)(b), 206(1); S.S.I. 2011/178, art. 2, sch.
F4S. 41(2)(e) substituted (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(2)(c), 206(1); S.S.I. 2011/178, art. 2, sch.
F5Words in s. 41(2)(f) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 6 para. 6(2)(a) (with s. 143); S.S.I. 2007/472, art. 3
F6Word in s. 41(2)(f) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 6 para. 6(2)(b) (with s. 143); S.S.I. 2007/472, art. 3
F7Word in s. 41(2) repealed (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(2)(d), 206(1); S.S.I. 2011/178, art. 2, sch.
F8S. 41(2)(h) and word added (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(2)(e), 206(1); S.S.I. 2011/178, art. 2, sch.
F9S. 41(2A) inserted (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(3), 206(1); S.S.I. 2011/178, art. 2, sch.
F10Words in s. 41(3) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 172(5), 206(1); S.S.I. 2011/178, art. 2, sch. (with sch.)
Marginal Citations