Department for Culture Media and Sport
The Licensing Act 2003 ("the Act") brings together six licensing regimes. Under the new system, the concept of a separate public entertainment licence therefore disappears, meaning that only a single authorisation will be needed to supply alcohol, provide regulated entertainment, such as a performance of live music, or provide late night refreshment or any combination of these activities.
Accordingly, under the Act, an authorisation will be required in order for alcohol to be supplied at a public house but the applicant will be free to apply simultaneously for the authorisation to cover the provision of regulated entertainment, such as music or dancing whenever desired. Generally, the authorisation in these circumstances will be a premises licence.
The fee for a premises licence will be the same whether an applicant applies only for an authorisation for use of premises to supply alcohol or also decides to apply at the same time for authorisations to provide regulated entertainment. Any difference in fee levels, which have been set centrally to avoid inconsistencies, will largely relate to the non-domestic rateable value of the premises so that larger venues are more likely to attract a higher fee than smaller ones. Further details about fee levels are available separately.
The 'two in a bar' rule has been discontinued. This was a disapplication under the previous licensing law of the need for a public entertainment licence in certain situations, such as two performers singing or, playing music, at a premises where a justices' licence was in force. The Government believed this rule in practice restricted what entertainment was being provided, created disincentives to the presentation of more diverse musical acts and failed to protect local residents from noise nuisance. The new regime will allow musicians and other entertainers to flourish whilst providing protection against unnecessary disturbance.
We (DCMS) are responsible for the Arts,which includes the interests of performers and their audiences.
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:
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 which 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:
"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.
(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
How do I obtain a licence to provide entertainment?
Unless temporary entertainment is being provided (see information on permitted temporary activities) or the entertainment or location is exempt under the Licensing Act, it will be necessary to apply for a premises licence or club premises certificate from the relevant licensing authority. Information on which is available separately.
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Are there any other requirements in order to put on regulated entertainment?
A premises licence authorises the use of a particular premises for the relevant licensable activities. This does not, for example, affect other planning or health and safety etc. requirements, and applicants should speak to the relevant authorities about how to comply with other legislation.
Similarly, any permission(s) you may need from bodies responsible for copyright licensing (such as the Performing Right Society, the Mechanical-Copyright Protection Society or Phonographic Performance Ltd), or from a copyright owner under copyright legislation, are unaffected. Applicants should therefore consult the relevant bodies direct.
The Musicians' Union has produced the 'Live Music Kit', a step-by-step guide for venues thinking about putting on live music for the first time. The Live Music Kit is available to print or download from the Musicians' Union website.
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How much does a premises licence or club premises certificate cost?
Further details about fee levels are available separately
Will I be subjected to a raft of unnecessary and expensive conditions on my premises licence?
Where no relevant representations are made by any responsible authority or intrested party, the licensing authority must grant the licence subject only to conditions that are consistent with the operating schedule in the application and any mandatory conditions in the Licensing Act itself.
If relevant representations are made, the licensing authority must consider these at a hearing (unless all the relevant parties agree that a hearing is unnecessary). It may then only impose such conditions as are necessary to promote the licensing objectives. The licensing authority may not impose any non-mandatory conditions, unless its discretion has been engaged, following the receipt of relevant representations.
In doing so it must have regard to the revised Guidance to licensing authorities and police issued by the Secretary of State on 28 June 2007 section 182 of the Licensing Act, and its own licensing policy statement. The Guidance makes it clear that any conditions attached to licences should be tailored to the particular premises and that only those necessary for promoting the licensing objectives would be lawful.
The Guidance stresses that conditions should not duplicate the requirements of existing health and safety law or noise nuisance legislation, or any other legislation.
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:
Are church halls, chapel halls, or similar buildings also exempt from the requirement for a licence?
Church halls, chapel halls or other premises of a similar nature will require a licence for the provision of regulated entertainment (unless they come within one of the exemptions listed above) but there will be an exemption from having to pay the fee associated with that provision. If, however, the licence also authorises the use of the premises for the supply of alcohol or the provision of late night refreshment, a fee will be required for those activities.
Does a village hall require a licence for regulated entertainment?
A licence will be required for the provision of public entertainment at such premises. However, as with church halls, there will be an exemption from the payment of fees in relation to the provision of regulated entertainment at village halls, parish or community halls or other premises of a similar nature. If, however, the licence also authorises the use of the premises for the supply of alcohol or the provision of late night refreshment, a fee will be required for those activities.
Is a licence required to stage entertainment in a scout/guide hall?
If regulated entertainment is provided for the public in a scout hall or similar premises, or if a charge is made to a private audience with a view to profit, including for a charity, then the provision of regulated entertainment at such premises would require a premises licence or temporary event notice. If the public is not invited and a charge is made to a private audience (like family and friends) just to cover costs – and not to make a profit - then this will not be the provision of regulated entertainment and a licence will not be required. Similarly, if anyone invited to a private performance was not charged for attending the event but was free to make a voluntary donation to a charity at their own choice, no licence will be necessary. However, if the performance is to any extent open to the public (whether the public are charged or not) a licence will be required.
What's the difference? Why is a licence needed for a private performance if profit is intended but not otherwise – surely the effect on the licensing objectives is the same?
The difference is that the profit motive can lead people to take chances or cut corners about things like public safety or the protection of children in order to maximise the profit involved. Licensing forces people to take a step back and think properly about the safety and well being of performers, the audience and the interests of the local community.
Why has the "two in a bar" rule been abolished?
The 'two in a bar' rule has been discontinued. This was a disapplication under the previous licensing law of the need for a public entertainment licence in certain situations, such as two performers singing or playing music, at a premises where a justices' licence was in force.
The Government believed this rule encouraged public houses to put on only one or two entertainers all night, or face the full cost of a public entertainment licence. This was extremely limiting and acted as a disincentive to a more diverse music provision. The Licensing Act aims to remove this disincentive and provide for all kinds of live music to be on equal footing whether one, two, five or ten performers are involved.
What about small-scale music events?
Venues will need an authorisation for the staging of these events. However, section 177 of the Licensing Act provides that where:
then any licensing authority imposed conditions relating to the provision of the music entertainment will be suspended. This is subject to the exception of where the conditions were imposed as being necessary for public safety or the prevention of crime and disorder.
In addition, where:
then during the hours of 8am and midnight if the premises are being used for the provision of that music entertainment but, no other regulated entertainment, any licensing authority imposed conditions on the licence which relate to the provision of the music entertainment will be suspended.
These suspensions can be removed in relation to any condition of a premises licence or club premises certificate following a review of the licence or certificate when further conditions may also be added to the licence or certificate.
These provisions will apply to any premises so long as the criteria set out in section 177 of the Act are fulfilled.
Is a licence required if customers of a pub suddenly start singing?
No. Any spontaneous singing, for example of "Happy Birthday", will not be licensable.
Do I require a licence to show broadcast TV in my pub?
Live broadcast entertainment is exempt from the licensing regime. However, if you wish to show recorded entertainment on your TV (using, for example, video or DVD) an authorisation will be required.
Are jukeboxes licensable? What about Disc Jockeys?
The playing of recorded music that is incidental to other activities that are not themselves the provision of regulated entertainment are exempt. A jukebox in a pub will not necessarily have to be authorised unless, for instance, a dance floor is also provided or it is not incidental. A Disc Jockey playing to a public audience would amount to regulated entertainment and would therefore need to be authorised by the premises licence, club premises certificate or temporary event notice as the case may be. For the meaning of regulated entertainment see paragraphs 1 and 2 to Schedule 1 of the 2003 Act.
Do pub games require a licence?
Games commonly played in pubs like pool or darts would not necessarily need to be authorised under the licence as they are not generally played for the entertainment of spectators. However if, for example, a darts exhibition match or championship were staged for spectators, that would be regulated entertainment.
For qualifying clubs, if either the public are admitted or the entertainment is provided for members and their guests in relation to the provision of regulated entertainment, an authorisation would be required. An authorisation would similarly be required in respect of the provision of regulated entertainment for a private audience if a charge is made and with a view to profit.
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.
Do I need a licence to demonstrate musical instruments in my store?
No – this is another myth. If a customer or sales assistant wishes to demonstrate or try out an instrument in a shop then no licence would be required. If a store holds an event at which musicians play instruments, for the purpose of entertaining customers, then a licence would be required.
No, unless the rehearsal is provided for the entertainment of the public, or the members and their guests of a qualifying club in relation to the provision of regulated entertainment or for consideration and with a view to profit.
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.
Does a circus require a licence to provide entertainment?
If a circus or pleasure fair provides regulated entertainment as defined in the Licensing Act (or there are to be supplies of alcohol or provision of late night refreshment) an authorisation (e.g. a premises licence or a temporary event notice) will be required to cover the licensable activity.
Do Punch and Judy shows require a licence?
The Licensing Act has not significantly changed the definition of "play" used in the Theatres Act 1968. Punch and Judy shows were previously licensable under the 1968 Act and continue to be licensable under the Licensing Act when performed publicly, or for members and their guests of a qualifying club in relation to the provision of regulated entertainment, or to a private audience for consideration and with a view to profit by the organiser.
However, if a children's party was staged for friends and the Punch and Judy entertainment was provided by the host (the child's parents) for their guests for free (as it would be normally at a party), then no licence would be required. Anyone wishing to stage a Punch and Judy show for the general public must ensure that the site is covered by a premises licence or temporary event notice.
We are encouraging local authorities to consider seeking premises licences from their licensing authority for public spaces within the community in their own name. This could include village greens, market squares and seaside promenades, for example, on which many cultural and traditional events take place. No additional licence would then need to be obtained by puppeteers or anyone else carrying out licensable activities covered by such a licence, although the consent of the local authority holding the licence would usually be required and permission given to use the land.
I am holding an outdoor event providing regulated entertainment. Do I require a licence and how do I apply for one?
As stated above, local authorities will be encouraged to obtain premises licences to cover public spaces, such as village greens or indeed a number of streets, on which many performances take place. No additional licence would then need to be obtained by anyone else carrying out licensable activities on such premises covered by such a licence, although the consent of the local authority holding the licence would be required and permission given to use the land. But if there is no pre-existing licence, or the premises licence does not cover the activity you wish to put on, and unless your event falls into an exempt category, a premises licence or club premises certificate or temporary event notice would be required to authorise the provision of regulated entertainment.
Do carol singers require a licence?
Most carol singing is either spontaneous, incidental to other activities or part of a religious service and is usually not, therefore, licensable. However, some carol concerts may fall into the definition of regulated entertainment - for example, a concert with an audience. If in doubt, organisers should contact their licensing authority.
If a carol service is organised, advertised and provided for an audience there would seem to be little doubt that this would be licensable. However, a group of carol singers (players) outside a shop could be construed as incidental to the activity of people going about shopping and therefore exempt from the requirement for a licence. It would make no difference whether or not they were seeking voluntary contributions to charity from passers by. This is different from a scenario where a shopping centre or individual business has organised a carol performance for an audience in a shopping mall which would require a licence or temporary event notice.
Under the 2003 Act, there is no distinction between the singing of religious or secular carols unless the carols were performed as part of a religious service or in a place of public religious worship, which would not then require a licence.
It should be remembered, of course, that it is for licensing authorities to interpret the Act and to determine whether or not specific events need a licence.
In most circumstances busking, in the sense that the word is normally used, will not be licensable.
Busking is usually "incidental" to other activities - such as shopping - or the premises where the music is played will not have been provided for busking to take place. There may however be instances that fall outside of this, and other laws and by-laws may apply. Licensing authorities will be able to tell individual performers whether or not they need permission to perform in any given circumstances.
Do Re-enactment Societies require a licence?
This would depend on the precise nature of the specific activity being carried out. If the re-enactments are dramatic pieces in which what is done by the persons performing (whether by way of speech, singing or action) involves them playing a role in the presence of an audience for the purposes of entertaining that audience then they would come within the definition of a "play" under the Licensing Act. If they are then performed for the public or for a charge and with a view to profit, or for the members and their guests of a qualifying club, a licence would be required unless an exemption applied.
If the re-enactment was staged purely for the enjoyment of those taking part and not for the purpose of entertaining an audience, no licence would be required. It is the same for masquerades and other forms of role playing (depending on the nature of the masquerade, there may also be a performance of a dance). The existence or otherwise of a script will not affect whether what is done falls within the definition of a "play" under the Act.
Is a licence required for entertainment in private homes and gardens?
Any performances of live music that take place in private homes and gardens for private parties and weddings will not be licensable unless the host takes the unusual step of charging his guests to attend and with a view to making a profit.
The Act does nothing to affect what people are entitled to do in their own homes unless the public is admitted or guests charged and with a view to profit rather than to simply cover costs.
What if I book a band for a wedding?
Please see above. A licence would only be required for a private wedding party if the host took the unusual step of charging his guests to attend and with a view to making a profit.
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:
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".