SCHEDULES
SCHEDULE 1Provision of regulated entertainment
Part 1General definitions
The provision of regulated entertainment
1
F21
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.
2
The first condition is that the entertainment is F4... 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.
F73
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.
F84
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,
F5c
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7
This paragraph is subject to Part 2 of this Schedule (exemptions).
Entertainment
2
1
The descriptions of entertainment are—
a
a performance of a play,
b
an exhibition of a film,
c
an indoor sporting event,
d
a boxing or wrestling entertainment,
e
a performance of live music,
f
any playing of recorded music,
g
a performance of dance,
h
entertainment of a similar description to that falling within paragraph (e), (f) or (g),
where F9the following conditions are satisfied (so far as relevant).
F11A
The first condition is that the entertainment—
a
takes place in the presence of an audience, and
b
is provided for the purpose, or for purposes which include the purpose, of entertaining that audience.
1B
The second condition is relevant only to a performance of a play, and is that one or more of the following applies—
a
the audience consists of more than 500 persons;
b
the entertainment takes place before 8am on any day;
c
the entertainment takes place after 11pm on any day.
1C
The third condition is relevant only to an indoor sporting event, and is that one or more of the following applies—
a
the audience consists of more than 1000 persons;
b
the entertainment takes place before 8am on any day;
c
the entertainment takes place after 11pm on any day.
1D
The fourth condition is relevant only to a performance of dance, and is that one or more of the following applies—
a
the audience consists of more than 500 persons;
b
the entertainment takes place before 8am on any day;
c
the entertainment takes place after 11pm on any day;
d
the entertainment is relevant entertainment within the meaning of paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (meaning of “sexual entertainment venue”).
1E
So much of any entertainment of a description specified in paragraphs (a) to (h) of sub-paragraph (1) as does not satisfy the conditions in sub-paragraphs (1A) to (1D) (so far as relevant) is not to be regarded as falling within sub-paragraph (1).
2
Any reference in F6in this paragraph to an audience includes a reference to spectators.
3
This paragraph is subject to Part 3 of this Schedule (interpretation).
Entertainment facilities
F103
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Power to amend Schedule
F34
The Secretary of State may by order amend this Schedule for the purposes of modifying the descriptions of entertainment specified in paragraph 2, and for this purpose “modify” includes adding, varying or removing any description.