(1)A person commits an offence if—
(a)he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or
(b)he knowingly allows a licensable activity to be so carried on.
(2)Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence under this section if his only involvement in the provision of the entertainment is that he—
(a)performs in a play,
(b)participates as a sportsman in an indoor sporting event,
(c)boxes or wrestles in a boxing or wrestling entertainment,
(d)performs live music,
(e)plays recorded music,
(f)performs dance, or
(g)does something coming within paragraph 2(1)(h) of Schedule 1 (entertainment similar to music, dance, etc.).
(3)Subsection (2) is to be construed in accordance with Part 3 of Schedule 1.
(4)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to [F1a fine], or to both.
(5)In this Part “authorisation” means—
(a)a premises licence,
(b)a club premises certificate, or
(c)a temporary event notice in respect of which the conditions of section 98(2) to (4) are satisfied.
Textual Amendments
F1Words in s. 136(4) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 33(2) (with reg. 5(1))