177Dancing and live music in certain small premises
(1)Subsection (2) applies where—
(a)a premises licence authorises—
(i)the supply of alcohol for consumption on the premises, and
(ii)the provision of music entertainment, and
(b)the premises—
(i)are used primarily for the supply of alcohol for consumption on the premises, and
(ii)have a permitted capacity of not more than 200 persons.
(2)At any time when—
(a)the premises—
(i)are open for the purposes of being used for the supply of alcohol for consumption on the premises, and
(ii)are being used for the provision of music entertainment, and
(b)subsection (4) does not apply,
any licensing authority imposed condition of the premises licence which relates to the provision of music entertainment does not have effect, in relation to the provision of that entertainment, unless it falls within subsection (5) or (6).
(3)Subsection (4) applies where—
(a)a premises licence authorises the provision of music entertainment, and
(b)the premises have a permitted capacity of not more than 200 persons.
(4)At any time between the hours of 8 a.m. and midnight when the premises—
(a)are being used for the provision of music entertainment which consists of—
(i)the performance of unamplified, live music, or
(ii)facilities for enabling persons to take part in entertainment within sub-paragraph (i), but
(b)are not being used for the provision of any other description of regulated entertainment,
any licensing authority imposed condition of the premises licence which relates to the provision of the music entertainment does not have effect, in relation to the provision of that entertainment, unless it falls within subsection (6).
(5)A condition falls within this subsection if the premises licence specifies that the licensing authority which granted the licence considers the imposition of the condition necessary on one or both of the following grounds—
(a)the prevention of crime and disorder,
(b)public safety.
(6)A condition falls within this subsection if, on a review of the premises licence—
(a)it is altered so as to include a statement that this section does not apply to it, or
(b)it is added to the licence and includes such a statement.
(7)This section applies in relation to a club premises certificate as it applies in relation to a premises licence except that, in the application of this section in relation to such a certificate, the definition of “licensing authority imposed condition” in subsection (8) has effect as if for “section 18(3)(b)” to the end there were substituted “section 72(3)(b) (but is not referred to in section 72(2)) or which is imposed by virtue of section 85(3)(b) or 88(3)”.
(8)In this section—
“licensing authority imposed condition” means a condition which is imposed by virtue of section 18(3)(b) (but is not referred to in section 18(2)(a)) or which is imposed by virtue of 35(3)(b), 52(3) or 167(5)(b) or in accordance with section 21;
“music entertainment” means—
(a)entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(e) or (g) of Schedule 1, or
(b)facilities enabling persons to take part in entertainment within paragraph (a);
“permitted capacity”, in relation to any premises, means—
(a)where a fire certificate issued under the Fire Precautions Act 1971 (c. 40) is in force in respect of the premises and that certificate imposes a requirement under section 6(2)(d) of that Act, the limit on the number of persons who, in accordance with that requirement, may be on the premises at any one time, and
(b)in any other case, the limit on the number of persons who may be on the premises at any one time in accordance with a recommendation made by, or on behalf of, the fire authority for the area in which the premises are situated (or, if the premises are situated in the area of more than one fire authority, those authorities); and
“supply of alcohol” means—
(a)the sale by retail of alcohol, or
(b)the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.