Amended guidance issued under section 182 of the Licensing Act ...

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15.4 These facilities must be provided for the use of and to entertain customers. Entertainmentfacilities include, for example:• a karaoke machine provided for the use of and entertainment of customers in a public house;• a dance floor provided for use by the public in a nightclub;• musical instruments made available for use by the public to entertain others at licensedpremises.15.5 In carrying out their functions, licensing authorities will need to consider whether an activityconstitutes the provision of regulated entertainment. The following activities, for example,are not regulated entertainment:• education – teaching students to perform music or to dance;• activities which involve participation as acts of worship in a religious context;• the demonstration of a product – for example, a guitar – in a music shop; or• the rehearsal of a play or rehearsal of a performance of music to which the public arenot admitted.15.6 Much of this involves the simple application of common sense and this Guidance cannotgive examples of every eventuality or possible activity. It is only when a licensing authority issatisfied that activities are entertainment or the provision of entertainment facilities that itshould go on to consider the qualifying conditions, definitions and exemptions in Schedule1 to see if a provision of regulated entertainment is involved and, as a result, if there is alicensable activity to be governed by the provisions of the 2003 Act.15.7 There are a number of other entertainments, which are not themselves licensable activities,for which live or recorded music may be incidental to the main attraction or performanceand therefore not licensable (see below). For example, stand-up comedy is not a licensableactivity and musical accompaniment incidental to the main performance would not make ita licensable activity.PUB GAMES15.8 Games commonly played in pubs and social and youth clubs like pool, darts, table tennisand billiards may fall within the definition of indoor sports in Schedule 1 to the 2003 Act,but normally they would not be played for the entertainment of spectators but for the privateenjoyment of the participants. As such, they would not normally constitute the provisionof regulated entertainment, and the facilities provided (even if a pub provides them with aview to profit) do not fall within the limited list of entertainment facilities in that Schedule(see paragraph 15.3 above). It is only when games take place in the presence of anAMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003117
audience and are provided to, at least in part, entertain that audience, for example, a dartschampionship competition, that the activity would become licensable.PRIVATE EVENTS15.9 Entertainment at a private event to which the public are not admitted becomes regulatedentertainment and therefore licensable, only if it is provided for consideration and with aview to profit. So, for instance, a charge made to people attending a private event to coverthe costs of the entertainment, and for no other purpose, would not make the entertainmentlicensable. The fact that this might inadvertently result in the organiser making a profit wouldbe irrelevant as long as there had not been an intention to make a profit.15.10 Schedule 1 to the 2003 Act also makes it clear that before entertainment or entertainmentfacilities are regarded as being provided for consideration, a charge has to be made by, oron behalf of, a person concerned with:• the organisation or management of the entertainment; or• the organisation or management of the facilities who is also concerned with theentertainment; and paid by or on behalf of some or all of the persons for whom theentertainment/facilities are, provided.15.11 This means that a private event for invited guests held in a hired private room with a liveband and dancing and no charge for admission intended to make a profit is not a regulatedentertainment unless the person who hires out the room (for example, the owner of thehouse in which the room is situated) is also involved in the organisation or managementof the entertainment. An owner may become so involved by, for example, hiring a dancefloor, sound equipment and/or smoke machine along with the room, or by arranging for aDJ or band to play at the event. In this case, the provision by the owner of the room (andany other entertainment facilities they provide) for a charge and with a view to profit willitself be a provision of regulated entertainment. By contrast, if the owner simply hires outthe room for an event and is not further involved with the entertainment at the event, theywill not be providing a regulated entertainment, and the event would need to be looked atseparately from the hire of the room in order to determine whether it was itself an instanceof regulated entertainment.15.12 Similarly, a party organised in a private house by and for friends, (and not open to thepublic) with music and dancing, and where a charge or contribution is made solely to coverthe costs of the entertainment and not with a view to profit would not be an instanceof regulated entertainment. In the same vein, any charge made by musicians or otherperformers or their agents to the organiser of a private event does not of itself make thatentertainment licensable unless the guests attending are themselves charged for theentertainment with a view to achieving a profit.118 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
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Contents1. Introduction............
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LICENSING POLICIES1.11 Section 5 of
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2.10 A condition must also be capab
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• Ensuring appropriate and freque
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SAFE CAPACITIES2.28 “Safe capacit
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2.38 Measures to control light poll
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2.49 The 2003 Act provides that, wh
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alcohol to its customer, an authori
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--have given an objection notice be
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4.26 Only one DPS may be specified
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y the licence, it would be necessar
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to the statutory conditions in resp
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VEHICLES5.19 Under the 2003 Act, al
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5.29 Venues that are permanent or p
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6.7 The 2003 Act does not prevent v
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7. Temporary event notices (TENs)7.
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STANDARD AND LATE TEMPORARY EVENT N
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licence conditions on the TEN (inso
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8. Applications for premises licenc
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Executive and local authority healt
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premises licences may be found eith
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• the required fee (details of fe
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8.41 All parties are expected to wo
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variations, there is no right to a
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LICENSING HOURS8.62 Variations to t
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unenforceable. This would be accept
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8.81 Licensing authorities in Wales
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8.93 When a person applies for a pr
Page 68 and 69: to take place pending a formal appl
Page 70 and 71: 9.5 It is for the licensing authori
Page 72 and 73: may (in a case where it has applied
Page 74 and 75: HEARINGS9.27 Regulations governing
Page 76 and 77: considered on a case-by-case basis.
Page 78: CONSISTENCY WITH STEPS DESCRIBED IN
Page 81 and 82: 10.27 Licensing authorities may wis
Page 83 and 84: prohibit a number of types of drink
Page 85 and 86: 10.50 The following factors should
Page 87 and 88: alcohol included in it or not targe
Page 89 and 90: 10.70 As well as making the drinks
Page 91 and 92: 11. ReviewsTHE REVIEW PROCESS11.1 T
Page 93 and 94: 11.12 If the application for a revi
Page 95 and 96: 11.22 For example, licensing author
Page 97 and 98: • for unlawful gambling; and• f
Page 99 and 100: LICENSING POLICY STATEMENTS AND SEC
Page 101 and 102: 13. Statements of licensing policy1
Page 103 and 104: 13.12 Statements of policies should
Page 105 and 106: EVIDENCE OF CUMULATIVE IMPACT13.23
Page 107 and 108: EFFECT OF SPECIAL POLICIES13.29 The
Page 109 and 110: • Police enforcement of the gener
Page 111 and 112: the 2003 Act and any licence or cer
Page 113 and 114: PROMOTION OF EQUALITY13.59 A statem
Page 115 and 116: 14. Suspension for non-payment of f
Page 117: 15. Live music and regulated entert
Page 121 and 122: SPONTANEOUS MUSIC, SINGING AND DANC
Page 123: Published by TSO (The Stationery Of
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Amended guidance issued under section 182 of the Licensing Act ...

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