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Licensing Act 2003

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This sectionnoteType=Explanatory Notes has no associated

1(1)For the purposes of this Act the “provision of regulated entertainment” means the provision of—E+W

(a)entertainment of a description falling within paragraph 2, or

(b)entertainment facilities falling within paragraph 3,

where the conditions in sub-paragraphs (2) and (3) are satisfied.

(2)The first condition is that the entertainment is, or entertainment facilities are, provided—

(a)to any extent for members of the public or a section of the public,

(b)exclusively for members of a club which is a qualifying club in relation to the provision of regulated entertainment, or for members of such a club and their guests, or

(c)in any case not falling within paragraph (a) or (b), for consideration and with a view to profit.

(3)The second condition is that the premises on which the entertainment is, or entertainment facilities are, provided are made available for the purpose, or for purposes which include the purpose, of enabling the entertainment concerned (whether of a description falling within paragraph 2(1) or paragraph 3(2)) to take place.

To the extent that the provision of entertainment facilities consists of making premises available, the premises are to be regarded for the purposes of this sub-paragraph as premises “on which” entertainment facilities are provided.

(4)For the purposes of sub-paragraph (2)(c), entertainment is, or entertainment facilities are, to be regarded as provided for consideration only if any charge—

(a)is made by or on behalf of—

(i)any person concerned in the organisation or management of that entertainment, or

(ii)any person concerned in the organisation or management of those facilities who is also concerned in the organisation or management of the entertainment within paragraph 3(2) in which those facilities enable persons to take part, and

(b)is paid by or on behalf of some or all of the persons for whom that entertainment is, or those facilities are, provided.

(5)In sub-paragraph (4), “charge” includes any charge for the provision of goods or services.

(6)For the purposes of sub-paragraph (4)(a), where the entertainment consists of the performance of live music or the playing of recorded music, a person performing or playing the music is not concerned in the organisation or management of the entertainment by reason only that he does one or more of the following—

(a)chooses the music to be performed or played,

(b)determines the manner in which he performs or plays it,

(c)provides any facilities for the purposes of his performance or playing of the music.

(7)This paragraph is subject to Part 2 of this Schedule (exemptions).

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