Regulated entertainment
Descriptions of entertainments to be regulated by the 2003 act are:
- a performance of a play
- an exhibition of a film
- an indoor sporting event
- a boxing or wrestling entertainment (indoor and outdoor)
- a performance of live music
- any playing of recorded music
- a performance of dance
- entertainment of a similar description to that falling within the performance of live music, the playing of recorded music and the performance of dance
but only where it takes place in the presence of an audience and where it is provided for the purpose of entertaining that audience.
In addition to the above circumstances, a premises licence would also be required if a premises offers facilities for enabling people to take part in entertainment consisting of:
- making music
- dancing
- entertainment of a similar description to making music or for dancing
provided they are for the purposes of being entertained.
Examples of such facilities would include, for example, a karaoke machine provided for the use and entertainment of customers in a public house, or a dance floor provided for the use by the public in a nightclub or a hotel.
An important point to remember is that entertainment at a private event, would become regulated entertainment and therefore licensable, if you make a charge for the entertainment with the intention of making a profit (even if this is for charitable purposes).
Exemptions
Full details of the exemptions can be viewed on page 139 of the Guidance issued under section 182 of the Licensing Act 2003, schedule 1, part 2.
In summary, the exemptions are as follows:
- advertising and educational films, for example, demonstrating a product, or providing education or instruction
- films at museums or galleries (if it consists of or forms part of an exhibit put on show for any purposes of a museum or art gallery)
- incidental live or recorded music (incidental to some other activity which is not regulated entertainment itself)
- television or radio broadcasts (must be ‘live’)
- religious meetings or services
- regulated entertainment type of activities in places of public religious worship are exempt
- garden fetes or similar event (but not if it is for ‘private gain’)
- morris dancing or dancing of a similar nature
- vehicles in motion
Please note: the exemptions are for ‘regulated entertainment’ only. Where you want to provide any of the other licensable activities, for example, sale of alcohol, a licence will still be required.
Contact us
Licensing Unit
Walsall Council
Challenge Building
Hatherton Road
Walsall
WS1 1YG
Telephone 01922 653583 / 653581
Email licensing@walsall.gov.uk