1[F1(1)For the purposes of this Act, the “provision of regulated entertainment” means the provision of entertainment of a description falling within paragraph 2 where the conditions in sub-paragraphs (2) and (3) are satisfied.]E+W
(2)The first condition is that the entertainment is F2... 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.
[F3(3)The second condition is that the premises on which the entertainment is provided are made available for the purpose, or for purposes which include the purpose, of enabling the entertainment concerned to take place.]
[F4(4)For the purposes of sub-paragraph (2)(c), entertainment is to be regarded as provided for consideration only if any charge—
(a)is made by or on behalf of any person concerned in the organisation or management of that entertainment, and
(b)is paid by or on behalf of some or all of the persons for whom that entertainment is 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,
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)This paragraph is subject to Part 2 of this Schedule (exemptions).
Textual Amendments
F1Sch. 1 para. 1(1) substituted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 2(2), 4(2); S.I. 2012/2115, art. 2
F2Words in Sch. 1 para. 1(2) omitted (1.10.2012) by virtue of Live Music Act 2012 (c. 2), ss. 2(3), 4(2); S.I. 2012/2115, art. 2
F3Sch. 1 para. 1(3) substituted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 2(4), 4(2); S.I. 2012/2115, art. 2
F4Sch. 1 para. 1(4) substituted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 2(5), 4(2); S.I. 2012/2115, art. 2
F5Sch. 1 para. 1(6)(c) omitted (1.10.2012) by virtue of Live Music Act 2012 (c. 2), ss. 2(6), 4(2); S.I. 2012/2115, art. 2