Annex 3
Home Office – Guidance Issued Under Section 182 of the Licensing Act 2003
Section 16 Regulated Entertainment
Overview of circumstances in which entertainment activities are not licensable
16.5 There are a number of exemptions that mean that a licence (or other authorisation18) under the 2003 Act is not required. This Guidance cannot give examples of every eventuality or possible entertainment activity that is not licensable. However, the following activities are examples of entertainment which are not licensable:
• activities which involve participation as acts of worship in a religious context;
• activities in places of public religious worship;
• education – teaching students to perform music or to dance;
• the demonstration of a product – for example, a guitar – in a music shop;
• the rehearsal of a play or performance of music for a private audience where no charge is made with a view to making a profit;
• Morris dancing (or similar)
• Incidental music – the performance of live music or the playing of recorded music if it is incidental to some other activity;
• Incidental film – an exhibition of moving pictures if it is incidental to some other activity;
• A spontaneous performance of music, singing or dancing;
• Garden fetes – or similar if not being promoted or held for purposes of private gain;
• Films for advertisement, information, education or in museums or art galleries;
• Television or radio broadcasts – as long as the programme is live and simultaneous;
• Vehicles in motion – at a time when the vehicle is not permanently or temporarily parked;
• Games played in pubs, youth clubs etc. (e.g. pool, darts and table tennis);
• Stand-up comedy; and
• Provision of entertainment facilities (e.g. dance floors).
16.6 As a result of deregulatory changes that have amended the 2003 Act, no licence is required for the following activities:
• Plays: no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 500.
• Dance: no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 500.
• Films: no licence is required for ‘not-for-profit’ film exhibition held in community premises between 08.00 and 23.00 on any day provided that the audience does not exceed 500 and the organiser (a) gets consent to the screening from a person who is responsible for the premises; and (b) ensures that each such screening abides by age classification ratings.
• Indoor sporting events: no licence is required for an event between 08.00 and 23.00 on any day, provided that those present do not exceed 1000.
• Boxing or wrestling entertainment: no licence is required for a contest, exhibition or display of Greco-Roman wrestling, or freestyle wrestling between 08.00 and 23.00 on any day, provided that the audience does not exceed 1000.
• Live music: no licence permission is required for:
– a performance of unamplified live music between 08.00 and 23.00 on any day, on any premises.
– a performance of amplified live music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500.
– a performance of amplified live music between 08.00 and 23.00 on any day, in a workplace26 that does not have a licence, provided that the audience does not exceed 500.
– a performance of amplified live music between 08.00 and 23.00 on any day, in a church hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance from a person who is responsible for the premises.
– a performance of amplified live music between 08.00 and 23.00 on any day, at the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from: (i) the local authority concerned, or (ii) the school or (iii) the health care provider for the hospital.
• Recorded Music: no licence permission is required for:
– any playing of recorded music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500.
– any playing of recorded music between 08.00 and 23.00 on any day, in a church hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance from a person who is responsible for the premises.
– any playing of recorded music between 08.00 and 23.00 on any day, at the non- residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from: (i) the local authority concerned, or (ii) the school proprietor or (iii) the health care provider for the hospital.
• Cross activity exemptions: no licence is required between 08.00 and 23.00 on any day, with no limit on audience size for:
– any entertainment taking place on the premises of the local authority where the entertainment is provided by or on behalf of the local authority;
– any entertainment taking place on the hospital premises of the health care provider where the entertainment is provided by or on behalf of the health care provider;
– any entertainment taking place on the premises of the school where the entertainment is provided by or on behalf of the school proprietor; and
– any entertainment (excluding films and a boxing or wrestling entertainment) taking place at a travelling circus, provided that (a) it takes place within a moveable structure that accommodates the audience, and (b) that the travelling circus has not been located on the same site for more than 28 consecutive days.
16.7 The deregulatory changes mean that, for example, an indoor sporting event that takes place between 07.00 and 23.30 on a particular day is licensable in respect of activities taking place between 07.00-08.00 and 23.00-23.30. Similarly, where the audience for a performance of dance fluctuates, those activities are licensable if, and for so long as, the number of people in the audience exceeds 500. If organisers are uncertain as to audience sizes or if audience migration is likely, it might be easier and more flexible to secure an appropriate authorisation. Examples of where a Temporary Event Notice (TEN) could still be required include if the activity is the playing of recorded music or the exhibition of a film that requires an authorisation; or if the entertainment is not authorised by an existing licence or certificate and its conditions.
16.8 Of course, anyone involved in the organisation or provision of entertainment activities – whether or not any such activity is licensable under the 2003 Act – must comply with any applicable duties that may be imposed by other legislation relevant to the event (e.g. in areas such as crime and disorder, fire, health and safety, noise, nuisance and planning). Any such person should take steps to be aware of relevant best practice, and may find responsible authorities a useful source of expert support and advice.