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

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