Published on May 31st, 2012 | by Dean Carr
Changes to Regulated Entertainment Law
Regulated Entertainment is due for a shake up!
The definition of ‘regulated entertainment’ is set out in Schedule 1 of the Licensing Act 2003. Broadly, it means the commercial or public provision of entertainment facilities or the provision of any of the following sorts of entertainment:
- the performance of a play
- an exhibition of a film
- an indoor sporting event
- boxing or wrestling entertainment
- a performance of live music
- any playing of recorded music
- a performance of dance
- or entertainment of a similar description to live music,
- recorded music or dance
To be ‘regulated entertainment,’ the entertainment must take place in the presence of an audience and be intended to entertain that audience.
Regulated entertainment facilities are defined as places where people are entertained by:
- making music
- entertainment of a similar description to making music or dancing
To carry out these activities, you may need authorisation from your local licensing authority. In most cases this will be your local council.
The Home Office is responsible for policy around alcohol licensing. Licensing policy is set out in the Licensing Act 2003.
If you wish to hold an event that may be classed as regulated entertainment then you should contact the premises owner of the venue where you wish to hold your event to check whether they have an appropriate licence. You can find out more about Temporary Events Notices on the Home Office website.
Live Music Act 2012
The Live Music Act received Royal Assent on 8 March 2012. Before the new rules apply, The Department of Culture Media and Sport (DCMS) will work with local authorities, the live music sector and others to amend the statutory guidance so that the Act is interpreted appropriately. We expect the changes to come into force on 1 October 2012.
Once the Live Music Act comes into effect, it will:
remove the licensing requirement for unamplified live music taking place between 8am and 11pm in all venues, subject to the right of a licensing authority to impose conditions about live music following a review of a premises licence or club premises certificate relating to premises authorised to supply alcohol for consumption on the premises.
Remove the licensing requirement for amplified live music taking place between 8am and 11pm before audiences of no more than 200 persons on premises authorised to supply alcohol for consumption on the premises, subject to the right of a licensing authority to impose conditions about live music following a review of a premises licence or club premises certificate.
Remove the licensing requirement for amplified live music taking place between 8am and 11pm before audiences of no more than 200 persons in workplaces not otherwise licensed under the 2003 Act (or licensed only for the provision of late night refreshment)
remove the licensing requirement for the provision of entertainment facilities
widen the licensing exemption for live music integral to a performance of Morris dancing or dancing of a similar type, so that the exemption applies to live or recorded music instead of unamplified live music.
Deregulation of Schedule One to the Licensing Act 2003
Between September and December 2011 we consulted on proposals to remove licensing requirements in England and Wales for activities currently defined as “regulated entertainment” in the Licensing Act 2003. We are currently considering the views received in response to the consultation.
Licensed Public Space
Many local authorities support events in their area by securing premises licences in their authority’s name for land or buildings under public ownership. This could include market squares, village greens or promenades, for example. In this situation, there would be no requirement for additional licences to be obtained for the potentially wide range of activities covered by the local authority’s licence, although the consent of the local authority holding the licence would be required and permission given to use the land. We suggest that you contact your local licensing authority to find out if you can have your event on licensed public land before seeking authorisation to hold your event.
We will endeavour to keep you informed of any more proposed changes to the Licencing Act 2003 regarding licensable activities.