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Licensing Act 2003
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- 2003 c. 17
- SCHEDULE 1
- Part 1
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Changes and effects yet to be applied to Schedule 1 Part 1:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- Sch. 1-5 Coming into force by S.I. 2005/3056 art. 2(2)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2007/1118 art. 6
- Act modified by S.I. 2008/2867 reg. 12(1)(a)(ii)
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 55A applied (with modifications) by 2011 c. 13 s. 129(6)(a)
- s. 55A inserted by 2011 c. 13 s. 120(3)
- s. 92A applied (with modifications) by 2011 c. 13 s. 129(6)(b)
- s. 92A inserted by 2011 c. 13 s. 120(5)
- s. 99A inserted by 2011 c. 13 s. 112(2)
- s. 100A inserted by 2011 c. 13 s. 114(4)
- s. 104A inserted by 2011 c. 13 s. 114(7)
- s. 106A inserted by 2011 c. 13 s. 113(3)
- s. 169A-169B inserted by 2006 c. 38 s. 24(1)
- s. 169A(2)(a) words substituted by 2011 c. 13 s. 118(3)(a)
- s. 169A(4) words substituted by 2011 c. 13 s. 118(3)(b)
- s. 177A inserted by 2012 c. 2 s. 1(2)
- s. 197A 197B inserted by 2011 c. 13 s. 121(2)
Commencement Orders yet to be applied to the Licensing Act 2003:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/1911 art. 2 commences (2003 c. 17)
- S.I. 2003/2100 art. 2 commences (2003 c. 17)
- S.I. 2003/3222 art. 2 commences (2003 c. 17)
- S.I. 2004/1738 art. 2 commences (2003 c. 17)
- S.I. 2004/2360 art. 2 Sch. commences (2003 c. 17)
- S.I. 2005/2090 art. 2 Sch. commences (2003 c. 17)
- S.I. 2005/2091 art. 2 commences (2003 c. 17)
- S.I. 2005/3056 art. 2 3 commences (2003 c. 17)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2004/2304 art. 2 commences (2004 c. 21)
- S.I. 2004/2917 art. 2 commences (2004 c. 21)
- S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/3200 art. 2 commences (2006 c. 35)
- S.I. 2006/3272 art. 2 Sch. 1-3 commences (2005 c. 19)
- S.I. 2007/858 art. 2 3 commences (2006 c. 38)
- S.I. 2007/1157 art. 2-12 Sch. 1 2 amendment to earlier commencing SI 2006/3272
- S.I. 2007/1897 art. 2 commences (2005 c. 9)
- S.I. 2007/2169 art. 2 amendment to earlier commencing SI 2006/3272
- S.I. 2007/2180 art. 2-4 commences (2006 c. 38)
- S.I. 2007/3155 art. 2 commences (2005 c. 19)
- S.I. 2008/3267 art. 2 commences (2006 c. 50)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/2648 art. 3 amendment to earlier commencing SI 2008/3267
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
- S.I. 2010/125 art. 2-4 commences (2009 c. 26)
- S.I. 2010/722 art. 3 commences (2009 c. 26)
- S.I. 2010/999 art. 2-4 commences (2009 c. 26)
- S.I. 2010/1375 art. 2 3 commences (2009 c. 26)
- S.I. 2010/1942 art. 2 amendment to earlier commencing SI 2008/3267
- S.I. 2011/1725 Sch. para. 6 amendment to earlier commencing SI 2008/3267
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
Part 1 E+WGeneral definitions
The provision of regulated entertainmentE+W
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).
EntertainmentE+W
2(1)The descriptions of entertainment are—E+W
(a)a performance of a play,
(b)an exhibition of a film,
(c)an indoor sporting event,
(d)a boxing or wrestling entertainment,
(e)a performance of live music,
(f)any playing of recorded music,
(g)a performance of dance,
(h)entertainment of a similar description to that falling within paragraph (e), (f) or (g),
where the entertainment takes place in the presence of an audience and is provided for the purpose, or for purposes which include the purpose, of entertaining that audience.
(2)Any reference in sub-paragraph (1) to an audience includes a reference to spectators.
(3)This paragraph is subject to Part 3 of this Schedule (interpretation).
Entertainment facilitiesE+W
3(1)In this Schedule, “entertainment facilities” means facilities for enabling persons to take part in entertainment of a description falling within sub-paragraph (2) for the purpose, or for purposes which include the purpose, of being entertained.E+W
(2)The descriptions of entertainment are—
(a)making music,
(b)dancing,
(c)entertainment of a similar description to that falling within paragraph (a) or (b).
(3)This paragraph is subject to Part 3 of this Schedule (interpretation).
Power to amend ScheduleE+W
4The Secretary of State may by order amend this Schedule for the purpose of modifying—E+W
(a)the descriptions of entertainment specified in paragraph 2, or
(b)the descriptions of entertainment specified in paragraph 3,
and for this purpose “modify” includes adding, varying or removing any description.
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