Licensing Act 2003

Schedule 1 – Provision of regulated entertainment

298. This Schedule defines the provision of regulated entertainment as covering entertainment provided solely or partly for members of the public, or exclusively to club members and their guests, or for which a charge is made, which is provided for profit (which will include to raise money for charity). It also covers the provision of entertainment facilities for participating in entertainment.

299. The definition would cover entertainment staged by a charity for purposes of fundraising, but would not, for example, include the provision of entertainment for a company or firm for its clients, for which no charge was made but which was connected with stimulating general goodwill which might be advantageous for the business.

300. Forms of entertainment to be regulated by the Act include:

a)

plays – both performance and rehearsal;

b)

the showing of films (or any exhibition of moving pictures);

c)

all indoor sporting events. For the purposes of the Act, an indoor sporting event is one which takes place inside a building for spectators wholly inside that building. A sporting event that takes place at a venue whose roof can be opened or closed would not constitute an indoor event, even when the roof is closed. For the purposes of this Act, sport is defined as any contest in which physical skill is the main factor and any form of physical recreation engaged in for the purposes of competition or display. For example, tennis would be covered by the definition. However, a game of chess contested publicly would not;

d)

outdoor boxing and wrestling matches. No other form of outdoor sport would be regulated by the Act;

e)

music: both the performance of live music and the playing of recorded music. No distinction is made in the Act between different musical styles; and

f)

performance of dance;

where the entertainment takes place in the presence of an audience and is provided for their entertainment.

301. The Secretary of State may by order (subject to the affirmative resolution procedure) amend the definitions included in the Schedule.

302. A number of exemptions to regulated entertainment are included in the Act including:-

a)

the showing to an audience of television and radio programmes forming part of a programme service within the meaning of the Broadcasting Act 1990 (so long as the programmes have not been pre-recorded)

b)

music which is incidental to an activity which is not itself the provision of regulated entertainment, for example, music played in lifts or piano music played in the background in a restaurant.

c)

film exhibitions used for product demonstration, advertisement, information, education or instruction. This would exempt, for example, educational films shown in schools, or special advertisements shown at product display stands in shopping centres.

d)

the provision of entertainment or entertainment facilities for the purposes of, or incidental to, a religious meeting or service or provided at a place of public religious worship. This would exempt, not only the singing of hymns or other religious material at a religious service, but also the performance of a classical concert at a church.

e)

entertainment at a garden fete.

f)

morris dancing, or dancing of a similar nature.

g)

entertainment provided on vehicles in motion.