(1)Schedule 1 to the Licensing Act 2003 (c. 17) is amended as follows.
(2)For paragraph 1(1) substitute—
“(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.”
(3)In paragraph 1(2) omit “, or entertainment facilities are,”.
(4)For paragraph 1(3) substitute—
“(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.”
(5)For paragraph 1(4) substitute—
“(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.”
(6)In paragraph 1(6) omit paragraph (c).
(7)Omit paragraph 3.
(8)For paragraph 4 substitute—
“4The 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.”
(9)For paragraph 7 substitute—
“7The 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 incidental to some other activity which is not itself a description of entertainment falling within paragraph 2.”
(10)In paragraph 8 omit “or entertainment facilities”.
(11)In paragraph 9 omit “or entertainment facilities”.
(12)In paragraph 10(1) omit “or entertainment facilities”.
(13)In paragraph 11—
(a)omit “or entertainment facilities”, and
(b)omit sub-paragraph (b).
(14)In paragraph 11A omit sub-paragraph (4).
(15)In paragraph 12 omit “or entertainment facilities”.
Commencement Information
I1S. 2 in force at 1.10.2012 by S.I. 2012/2115, art. 2