Schools and Colleges

What is regulated entertainment under the Licensing Act 2003?

The provision of regulated entertainment covers the provision of entertainment or of entertainment facilities. The descriptions of entertainment in the Licensing Act are:

• 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

Furthermore, to be "regulated entertainment" the entertainment must take place in the presence of an audience and be provided for the purpose of, or for purposes that include, entertaining that audience.

Entertainment facilities are facilities for enabling people to take part in entertainment for the purpose of being entertained or for purposes, which include the purpose, of being entertained. This applies only to:

• making music
• dancing
• entertainment of a similar description to making music or dancing

"Entertainment facilities" are, for example, a dance floor provided for customers to use, whereas "entertainment" might involve a performance of dance provided for an audience.

In order for the provision of entertainment or entertainment facilities to be regulated, two conditions must be satisfied.

The first of these is that the entertainment or entertainment facilities must be provided:

(a) to any extent for the public or a section of the public or
(b) exclusively for members and their guests of a club which is a qualifying club in relation to the provision of regulated entertainment or
(c) where (a) and (b) do not apply, for consideration and with a view to profit

The second is that the premises on which the entertainment takes place, or entertainment facilities provided, are made available for the entertainment to take place

Are there any exemptions from the requirement of a premises licence when providing entertainment?

Yes. But note that if alcohol is to be supplied, or late night refreshment provided, a licence will be required for those activities. The main exemptions for the provision of entertainment and entertainment facilities from the requirement for a licence under the Licensing Act are as follows:

• for the purposes of or purposes incidental to religious services or meetings or at places of public religious worship
• morris dancing or any dancing of a similar nature, or a performance of unamplified live music as an integral part of such dancing
• incidental music – the performance of live music or the playing of recorded music if it is incidental to some other activity which is not itself regulated entertainment
• garden fetes – or functions or events of a similar nature if not being promoted or held for purposes of private gain
• film exhibitions for the purposes of advertisement, information, education, etc. – if the sole or main purpose of the exhibition of a film is (a) to demonstrate any product; (b) advertise any goods or services, or (c) provide information, education or instruction
• film exhibitions: museums and art galleries – where an entertainment consisting of the exhibition of a film, is, or forms part of, an exhibit put on show for any purposes of a museum or art gallery
• use of television or radio receivers – where entertainment consists of the simultaneous reception and playing of a programme included in a programme service within the meaning of the Broadcasting Act 1990 (however, showing pre-recorded entertainment would require a licence)
• vehicles in motion – i.e. where the provision of entertainment or entertainment facilities take place (a) on premises consisting of or forming part of a vehicle, and (b) at a time when the vehicle is not permanently or temporarily parked

Does entertainment in a school require a licence?

Schools and sixth form colleges will require a licence to stage regulated entertainment to which the public is invited or where a fee is charged and with a view to profit. However, they are exempt from the fees associated with the authorisation of regulated entertainment where the entertainment is provided by and at the school or college and for the purposes of the school or college. If the public was not invited and a charge made to a private audience (like family and friends) just to cover costs – and not to make a profit - then a licence would not be required. A school could also consider using temporary event notices on up to 12 occasions each year subject to an overall limit of 15 days in a calendar year, but numbers would have to be restricted to 499 and comply with the other requirements in Part 5 of the Licensing Act.

Does music tuition, either in private or in schools, require a licence?

No. Music tuition will not require a licence as the music (and the premises) is not being provided for the entertainment of an audience, but for the purpose of educating those present.

Does a charity event providing entertainment require a licence?

If regulated entertainment is being provided at a charitable event to which the public is invited, a premises licence or temporary event notice would be required. Private events, where the invited guests are charged, either with a view to private profit or to raise funds for charity, are licensable as such a charge could, for example, lead to greater risks being taken with regard to safety issues. For example, the number of people invited, seating arrangements and access to exits in an emergency.

However, entertainment provided at a private charitable event where the public is not invited (other than where the entertainment is provided exclusively for the members and their guests of a qualifying club) and where no charge is made (other than solely to cover costs) or there is no requirement for the guests to give any money to charity, would not be licensable.

What if I make a small profit by mistake at a private event?

"With a view to profit" means that you intend or have intended to make a profit. If you make a charge simply to cover costs and accidentally make a small profit owing to miscalculation, you need not worry. What matters is your intention at the outset.

What are the consequences of not obtaining a licence to cover regulated entertainment?

A person guilty of the offence of carrying on, attempting to carry on or knowingly allowing to be carried on an unauthorised licensable activity is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £20,000 or to both. The maximum penalty is high because such an action could involve putting public safety at serious risk. However, a person does not commit such an offence if his only involvement in the provision of the entertainment was that he:

• performed live music or plays recorded music
• performed a dance
• provided entertainment of a similar description to those above
• performed in a play
• participated in boxing or wrestling entertainment; and
• participates as a sportsman in an indoor sporting event

There is also the defence of "due diligence" as provided by section 139 of the Licensing Act, against this offence which a person charged with it may invoke if the act "was due to a mistake, or to reliance on information given to him, or to an act or omission by another person, or to some other cause beyond his control, and he took all reasonable precautions and exercised all due diligence to avoid committing an offence".