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Licensing Act 2003

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Part 2E+WExemptions

Film exhibitions for the purposes of advertisement, information, education, etc.E+W

5E+WThe provision of entertainment consisting of the exhibition of a film is not to be regarded as the provision of regulated entertainment for the purposes of this Act if its sole or main purpose is to—

(a)demonstrate any product,

(b)advertise any goods or services, or

(c)provide information, education or instruction.

Film exhibitions: museums and art galleriesE+W

6E+WThe provision of entertainment consisting of the exhibition of a film is not to be regarded as the provision of regulated entertainment for the purposes of this Act if it consists of or forms part of an exhibit put on show for any purposes of a museum or art gallery.

[F1Film exhibitions: community premisesE+W

Textual Amendments

F1Sch. 1 para. 6A and cross-heading inserted (6.4.2015) by Deregulation Act 2015 (c. 20), ss. 76, 115(7); S.I. 2015/994, art. 3(c)

6A(1)The provision of entertainment consisting of the exhibition of a film at community premises is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the following conditions are satisfied.E+W

(2)The first condition is that prior written consent for the entertainment to take place at the community premises has been obtained, by or on behalf of a person concerned in the organisation or management of the entertainment—

(a)from the management committee of the community premises, or

(b)where there is no management committee, from—

(i)a person who has control of the community premises (as occupier or otherwise) in connection with the carrying on by that person of a trade, business or other undertaking (for profit or not), or

(ii)where there is no such person, an owner of the community premises.

(3)The second condition is that the entertainment is not provided with a view to profit.

(4)The third condition is that the entertainment takes place in the presence of an audience of no more than 500 persons.

(5)The fourth condition is that the entertainment takes place between 8am and 11pm on the same day.

(6)The fifth condition is that the film classification body or the relevant licensing authority has made a recommendation concerning the admission of children to an exhibition of the film and—

(a)where a recommendation has been made only by the film classification body, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of that body;

(b)where a recommendation has been made only by the relevant licensing authority, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of that authority;

(c)where recommendations have been made both by the film classification body and the relevant licensing authority, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of the relevant licensing authority.

(7)In sub-paragraph (6) the reference to the “relevant licensing authority”, in relation to the exhibition of a film at particular community premises, is a reference to—

(a)the licensing authority in whose area the premises are situated, or

(b)where the premises are situated in the areas of two or more licensing authorities, those authorities or (as the context requires) such of those authorities as have made a recommendation.

(8)In this paragraph—

  • children” and “film classification body” have the same meaning as in section 20;

  • owner”, in relation to community premises, means—

    (a)

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

    (b)

    a person who 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.]

Music [F2and film] incidental to certain other activitiesE+W

Textual Amendments

F2Words in Sch. 1 para. 7 cross-heading inserted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 3(2)(a)

[F37E+WThe provision of entertainment consisting of the performance of live music[F4, the playing of recorded music or the exhibition of a film] is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is incidental to some other activity which is not itself a description of entertainment falling within paragraph 2.]

Textual Amendments

F3Sch. 1 para. 7 substituted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 2(9), 4(2); S.I. 2012/2115, art. 2

Use of television or radio receiversE+W

8E+WThe provision of any entertainment F5... is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the simultaneous reception and playing of a programme included in a programme service within the meaning of the Broadcasting Act 1990 (c. 42).

Textual Amendments

F5Words in Sch. 1 para. 8 omitted (1.10.2012) by virtue of Live Music Act 2012 (c. 2), ss. 2(10), 4(2); S.I. 2012/2115, art. 2

Religious services, places of worship etc.E+W

9E+WThe provision of any entertainment F6...—

(a)for the purposes of, or for purposes incidental to, a religious meeting or service, or

(b)at a place of public religious worship,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

Textual Amendments

F6Words in Sch. 1 para. 9 omitted (1.10.2012) by virtue of Live Music Act 2012 (c. 2), ss. 2(11), 4(2); S.I. 2012/2115, art. 2

Garden fêtes, etc.E+W

10(1)The provision of any entertainment F7... at a garden fête, or at a function or event of a similar character, is not to be regarded as the provision of regulated entertainment for the purposes of this Act.E+W

(2)But sub-paragraph (1) does not apply if the fête, function or event is promoted with a view to applying the whole or part of its proceeds for purposes of private gain.

(3)In sub-paragraph (2) “private gain”, in relation to the proceeds of a fête, function or event, is to be construed in accordance with [F8section 19(3) of the Gambling Act 2005].

Textual Amendments

F7Words in Sch. 1 para. 10(1) omitted (1.10.2012) by virtue of Live Music Act 2012 (c. 2), ss. 2(12), 4(2); S.I. 2012/2115, art. 2

F8Words in Sch. 1 para. 10(3) substituted (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 20(3) (with ss. 352, 354, Sch. 16 para. 21); S.I. 2006/3272, art. 2(4)

Morris dancing etc.E+W

11E+WThe provision of any entertainment F9... is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the provision of—

(a)a performance of morris dancing or any dancing of a similar nature or [F10the playing of live or recorded music that forms] an integral part of such a performance , or

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Words in Sch. 1 para. 11 omitted (1.10.2012) by virtue of Live Music Act 2012 (c. 2), ss. 2(13)(a), 4(2); S.I. 2012/2115, art. 2

F10Words in Sch. 1 para. 11(a) substituted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 3(2), 4(2); S.I. 2012/2115, art. 2

F11Sch. 1 para. 11(b) omitted (1.10.2012) by virtue of Live Music Act 2012 (c. 2), ss. 2(13)(b), 4(2); S.I. 2012/2115, art. 2

[F12Sexual entertainment venuesE+W

Textual Amendments

F12Sch. 1 para. 11A inserted (6.4.2010 for E. and 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 23; S.I. 2010/722, art. 3 (with arts. 4-12); S.I. 2010/999, art. 3; S.I. 2010/1375, art. 3 (with transitional provisions and savings in S.I. 2010/1395, arts. 3, 10)

11A(1)The provision of relevant entertainment—E+W

(a)at premises for which a licence for a sexual entertainment venue is required (or the requirement has been waived) by virtue of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982, and

(b)of a kind, and in a way, by virtue of which the premises qualify as such a venue,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

(2)The provision of relevant entertainment—

(a)at premises which are subject to a licence for a sexual entertainment venue but are not such a venue merely because of the operation of paragraph 2A(3)(b) of Schedule 3 to the Act of 1982, and

(b)of a kind, and in a way, by virtue of which the premises would qualify as such a venue but for the operation of that paragraph,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

(3)The provision of entertainment consisting of the performance of live music or the playing of recorded music is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is an integral part of such provision of relevant entertainment as falls within sub-paragraph (1) or (2).

F13(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this paragraph—

  • premises” has the meaning given by paragraph 2A(14) of Schedule 3 to the Act of 1982;

  • relevant entertainment” has the meaning given by paragraph 2A(2) of that Schedule to that Act;

  • sexual entertainment venue” has the meaning given by paragraph 2A(1) of that Schedule to that Act.]

Textual Amendments

F13Sch. 1 para. 11A(4) omitted (1.10.2012) by virtue of Live Music Act 2012 (c. 2), ss. 2(14), 4(2); S.I. 2012/2115, art. 2

Vehicles in motionE+W

12E+WThe provision of any entertainment F14...—

(a)on premises consisting of or forming part of a vehicle, and

(b)at a time when the vehicle is not permanently or temporarily parked,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

Textual Amendments

F14Words in Sch. 1 para. 12 omitted (1.10.2012) by virtue of Live Music Act 2012 (c. 2), ss. 2(15), 4(2); S.I. 2012/2115, art. 2

[F15Entertainment provided by health care providers, local authorities and school proprietorsE+W

Textual Amendments

12ZA.(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.

Music at community premises etc.E+W

12ZB.(1)The provision of entertainment consisting of one or both of the following 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 (6) are satisfied—E+W

(a)a performance of live music;

(b)the playing of recorded music.

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

(a)community premises that are not authorised, by a premises licence or club premises certificate, to be used for the supply of alcohol for consumption on the premises,

(b)the premises of a hospital,

(c)premises in which a local authority has a relevant property interest or which are lawfully occupied by a local authority, or

(d)the premises of a school.

(3)The second condition is that the premises are not domestic premises (within the meaning of paragraph 12ZA(7)).

(4)The third condition is that the entertainment takes place in the presence of an audience of no more than 500 persons.

(5)The fourth 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).

(6)The fifth condition is that a person concerned in the organisation or management of the entertainment has obtained the prior written consent of a relevant person for the entertainment to take place.

(7)In sub-paragraph (6), “relevant person” means—

(a)where the entertainment takes place at community premises—

(i)the management committee of the premises, or

(ii)if there is no management committee, a person who has control of the premises (as occupier or otherwise) in connection with the carrying on by that person of a trade, business or other undertaking (for profit or not) or (in the absence of such a person) a person with a relevant property interest in the premises;

(b)where the entertainment takes place at the premises of a hospital, a health care provider which has a relevant property interest in or lawfully occupies those premises;

(c)where the entertainment takes place at premises in which a local authority has a relevant property interest or which are lawfully occupied by a local authority, that authority;

(d)where the entertainment takes place at the premises of a school, the school proprietor.

(8)Paragraph 12ZA(6) (meaning of “relevant property interest”) applies for the purposes of this paragraph as it applies for the purposes of paragraph 12ZA.]

[F16Music in licensed venuesE+W

Textual Amendments

12A(1)The provision of entertainment consisting of one or both of the following is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the conditions in sub-paragraph (2) are satisfied—E+W

(a)a performance of live music;

(b)the playing of recorded music.

(2)The conditions referred to in sub-paragraph (1) are that—

(a)the requirements of section 177A(1) are satisfied, and

(b)conditions are not included in the premises licence or club premises certificate referred to in section 177A(1)(a) by virtue of section 177A(3) or (4).]

[F17Live music in workplacesE+W

Textual Amendments

F17Sch. 1 para. 12B and cross-heading inserted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 3(4), 4(2); S.I. 2012/2115, art. 2

12BE+WThe provision of entertainment consisting of a performance of live music is not to be regarded as the provision of regulated entertainment for the purposes of this Act, provided that—

(a)the place where the performance is provided is not licensed under this Act (or is so licensed only for the provision of late night refreshment) but is a workplace as defined in regulation 2(1) of the Workplace (Health, Safety and Welfare) Regulations 1992,

(b)the performance takes place in the presence of an audience of no more than [F18500] persons, and

(c)the performance takes place between 8am and 11pm on the same day.]

Textual Amendments

[F19Live unamplified musicE+W

Textual Amendments

F19Sch. 1 para. 12C and cross-heading inserted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 3(5), 4(2); S.I. 2012/2115, art. 2

12CE+WThe provision of entertainment consisting of a performance of live music is not (subject to section 177A(3) and (4)) to be regarded as the provision of regulated entertainment for the purposes of this Act provided that the music—

(a)is unamplified; and

(b)takes place between 8am and 11pm on the same day.]

[F20CircusesE+W

Textual Amendments

12D.(1)The provision of any entertainment that consists of or forms part of a performance by a travelling circus 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 is not of a description falling within paragraph 2(1)(b) (exhibition of a film) or paragraph 2(1)(d) (boxing or wrestling entertainment).

(3)The second condition is that the entertainment takes place between 8am and 11pm on the same day.

(4)The third condition is that—

(a)the entertainment takes place wholly within a moveable structure, and

(b)the audience present is accommodated wholly inside that moveable structure.

(5)The fourth condition is that the travelling circus has not been located on the same site for more than 28 consecutive days.

(6)In this paragraph, “travelling circus” means a circus which travels from site to site for the purpose of giving performances.

Boxing or wrestling entertainment: certain forms of wrestlingE+W

12E.E+WThe provision of entertainment consisting of a boxing or wrestling entertainment is not to be regarded as the provision of regulated entertainment for the purposes of this Act if—

(a)it is a contest, exhibition or display of Greco-Roman wrestling, or of freestyle wrestling, between two participants (regardless of their sex),

(b)it takes place in the presence of no more than 1000 spectators,

(c)it takes place between 8am and 11pm on the same day,

(d)it takes place wholly inside a building, and

(e)the spectators present at that entertainment are accommodated wholly inside that building.]

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