Modifications etc. (not altering text)
C1Sch. 1: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch.1
1(1)An entertainment to which this paragraph applies shall not be provided in any place except under and in accordance with the terms of a licence granted under this paragraph by the appropriate authority.E+W
(2)Subject to sub-paragraph (3) below, this paragraph applies to public dancing or music or any other public entertainment of a like kind.
(3)This paragraph does not apply—
(a)to any music—
(i)in a place of public religious worship; or
(ii)performed as an incident of a religious meeting or service;
(b)to an entertainment held in a pleasure fair; or
(c)to an entertainment which takes place wholly or mainly in the open air.
(4)The appropriate authority may grant to any applicant, and from time to time renew, a licence for the use of any place specified in it for all or any of the entertainments to which this paragraph applies on such terms and conditions and subject to such restrictions as may be so specified.
(5)The appropriate authority may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence.
[F12(1)Subject to sub-paragraphs (2) and (3) below, no premises shall be used for any entertainment which consists of any sporting event to which the public are invited as spectators (a “sports entertainment”) except under and in accordance with the terms of a licence granted under this paragraph by the appropriate authority.E+W
(2)Sub-paragraph (1) above does not require a licence in respect of any occasion when the sporting event which constitutes the entertainment is not the principal purpose for which the premises are used on that occasion; but this provision does not apply in relation to a sports complex.
(3)Sub-paragraph (1) above does not apply to a sports entertainment held in a pleasure fair.
(4)The appropriate authority may grant to any applicant, and from time to time renew, a licence for the use of any premises specified in it for any sports entertainment on such terms and conditions and subject to such restrictions as may be so specified.
(5)The appropriate authority may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence.
(6)In this paragraph—
“premises” means any permanent or temporary building and any tent or inflatable structure and includes a part of a building where the building is a sports complex but does not include a part of any other building;
“sporting event” means any contest, exhibition or display of any sport;
“sports complex” means a building—
(a)which provides accommodation and facilities for both those engaging in sport and spectators, and
(b)the parts of which are so arranged that one or more sports can be engaged in simultaneously in different parts of the building; and
“sport” includes any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for purposes of competition or display, except dancing (in any form).]
Textual Amendments
3(1)This paragraph applies to any public musical entertainment which is held—E+W
(a)in an area in which this paragraph and paragraph 4 below have effect; and
(b)wholly or mainly in the open air; and
(c)at a place on private land.
(2)For the purposes of this paragraph and paragraph 4 below—
(a)an entertainment is musical if music is a substantial ingredient; and
(b)land is private if the public has access to it (whether on payment or otherwise) only by permission of the owner, occupier or lessee.
(3)This paragraph does not apply—
(a)to a garden fete, bazaar, sale of work, sporting or athletic event, exhibition, display or other function or event of a similar character, whether limited to one day or extending over two or more days; or
(b)to a religious meeting or service,
merely because music is incidental to it.
(4)This paragraph does not apply to an entertainment held in a pleasure fair.
4(1)An entertainment to which paragraph 3 above applies shall not be provided except under and in accordance with the terms of a licence granted under this paragraph by the appropriate authority.E+W
(2)The appropriate authority may grant to any applicant, and from time to time renew, a licence for the use of any place specified in it for any entertainment to which paragraph 3 above applies.
(3)The appropriate authority may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence.
(4)A licence under this paragraph may be granted—
(a)on terms and conditions; and
(b)subject to restrictions,
imposed for all or any of the following purposes, but no others,—
(i)for securing the safety of performers at the entertainment for which the licence is granted and other persons present at the entertainment;
(ii)without prejudice to the generality of paragraph (i) above, for securing adequate access for fire engines, ambulances, police cars or other vehicles that may be required in an emergency;
(iii)for securing the provision of adequate sanitary appliances and things used in connection with such appliances;
(iv)for preventing persons in the neighbourhood being unreasonably disturbed by noise.
5(1)Subject to paragraphs 8 and 17 below, any entertainments licence other than a licence in respect of one or more particular occasions only shall, unless previously cancelled under paragraph 10 or revoked under paragraph 12(4) below, remain in force for one year or for such shorter period specified in the licence as the appropriate authority may think fit.
(2)Where an entertainments licence has been granted to any person, the appropriate authority may, if they think fit, transfer that licence to any other person on the application of that other person or the holder of the licence.
6(1)An applicant for the grant, renewal or transfer of an entertainments licence in respect of any place shall give not less than 28 days’ notice of his intention to make the application to—E+W
(a)the appropriate authority;
(b)the chief officer of police; and
(c)the fire authority.
(2)The appropriate authority may in such cases as they think fit, after consulting with the chief officer of police and the fire authority, grant an application for the grant, renewal or transfer of an entertainments licence notwithstanding the fact that the applicant has failed to give notice in accordance with sub-paragraph (1) above.
(3)An applicant for the grant, renewal or transfer of an entertainments licence shall furnish such particulars and give such other notices as the appropriate authority may by regulation prescribe.
(4)In considering any application for the grant, renewal or transfer of an entertainments licence, the appropriate authority shall have regard to any observations submitted to them by the chief officer of police and by the fire authority.
Valid from 01/05/1998
[F26A(1)This paragraph applies where the authority by whom an entertainments licence was granted under paragraph 1 above in respect of a place receive a report from the chief officer of police—E+W
(a)stating that there is a serious problem relating to the supply or use of controlled drugs at the place or at any place nearby which is controlled by the holder of the licence; and
(b)giving reasons for his view that there is such a problem.
(2)An application for the renewal or transfer of the licence may be refused by the authority on the ground that they are satisfied that not renewing or transferring it will significantly assist in dealing with the problem.
(3)The authority shall give the reasons for their refusal of the application to—
(a)the holder of the licence; and
(b)in the case of an application for the transfer of the licence, the person to whom the licence would have been transferred if the application had been granted.
(4)A person to whom reasons are given may make representations to the authority; and the authority shall consider any representations within the period of 21 days beginning with the day on which they receive them.
(5)After considering any representations, the authority shall (unless the date of expiry of the licence has passed) either—
(a)confirm the refusal of the application; or
(b)grant the application.
(6)The authority shall have regard in exercising their functions under this paragraph to such guidance as may be issued by the Secretary of State.]
Textual Amendments
F2Sch. 1 para. 6A inserted (1.5.1998) by 1997 c. 49, s. 1(3); S.I. 1998/1009, art. 2
7(1)Subject to sub-paragraphs (2) and (3) below, an applicant for the grant, renewal or transfer of an entertainments licence shall pay a reasonable fee determined by the appropriate authority.E+W
(2)No fee shall be payable if the application is for a licence for an entertainment—
(a)at a church hall, chapel hall or other similar building occupied in connection with a place of public religious worship; or
(b)at a village hall, parish or community hall or other similar building.
(3)The appropriate authority may remit the whole or any part of the fee that would otherwise be payable for the grant, renewal or transfer of an entertainments licence, where in the opinion of the authority the entertainment in question—
(a)is of an educational or other like character; or
(b)is given for a charitable or other like purpose.
8(1)Where, before the date of expiry of an entertainments licence, an application has been made for its renewal, it shall be deemed to remain in force notwithstanding that the date has passed until the withdrawal of the application or its determination by the appropriate authority.E+W
(2)Where, before the date of expiry of an entertainments licence, an application has been made for its transfer, it shall be deemed to remain in force with any necessary modifications until the withdrawal of the application or its determination notwithstanding that the date has passed or that the person to whom the licence is to be transferred if the application is granted is carrying on at the place in respect of which the licence was granted the functions to which it relates.