Licensing Act 2003

This section has no associated Explanatory Notes

[F112ZA.(1)The provision of any entertainment by or on behalf of a health care provider, local authority or school proprietor is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the conditions in sub-paragraphs (2) to (5) are satisfied.E+W

(2)The first condition is that the entertainment takes place—

(a)if it is provided by or on behalf of a health care provider, on any premises forming part of a hospital—

(i)in which that provider has a relevant property interest, or

(ii)which are lawfully occupied by that provider,

(b)if it is provided by or on behalf of a local authority, on any premises in which that authority has a relevant property interest or which are lawfully occupied by that authority, and

(c)if it is provided by or on behalf of a school proprietor, on the premises of the school.

(3)The second condition is that the premises are not domestic premises.

(4)The third condition is that the entertainment takes place between 8am and 11pm on the same day (or, where an order under section 172 has effect in relation to that entertainment, during any times specified under that order).

(5)The fourth condition is that the entertainment is not relevant entertainment within the meaning of paragraph 2A(2) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (meaning of “sexual entertainment venue”).

(6)For the purposes of this paragraph, a person has a relevant property interest in premises if that person—

(a)is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or

(b)holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.

(7)In sub-paragraph (3), “domestic premises” means premises occupied as a private dwelling, including any garden, yard, garage, outhouse or other appurtenance of such premises whether or not used in common by the occupants of more than one such dwelling.]

Textual Amendments