Private Places of Entertainment (Licensing) Act 1967 (repealed)

2 Certain private places of entertainment to require licences. E+W

(1) Subject to the provisions of this section, no premises in an area to which this Act applies shall be used for any of the following purposes, that is to say, dancing, music or any other entertainment of the like kind which—

(a) is not [F1 a public entertainment]; but

(b) is promoted for private gain,

except under and in accordance with the terms of a licence granted under this Act by the licensing authority.

(2) Subsection (1) of this section shall not apply to the use for any of the purposes mentioned in that subsection of, or of any part of—

(a) any premises licensed under [F2 paragraph 1 of Schedule 12 to the M1 London Government Act 1963 (which provides for the licensing of premises used for public music or dancing in London) or paragraph 1 or 4 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 (which taken together make similar provision for other areas in England and Wales)]during the hours for which those premises are permitted to be open in accordance with that enactment; or

(b) licensed premises or a licensed canteen within the meaning of the M2 Licensing Act 1964 or premises in respect of which a club or other body is registered under Part II of that Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 a licence shall not be required under this Act by reason only of the performance at any premises of a [F4 play within the meaning of the M3 Theatre Act 1968]or of the use of any premises for an entertainment which is provided there for the purpose of being broadcast for general reception [F5 or of being included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service.]

(4) For the purposes of this section, where the proceeds of an entertainment promoted by a society to which this subsection extends are applied for any purpose calculated to benefit the society as a whole, the entertainment shall not be held to be promoted for private gain by reason only that the application of the proceeds for that purpose results in benefit to any person as an individual.

(5) The last foregoing subsection extends to any society which is established and conducted either—

(a) wholly for purposes other than purposes of any commercial undertaking; or

(b) wholly or mainly for the purpose of participation in or support of athletic sports or athletic games.

(6) In the two last foregoing subsections “society” includes any club, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, institution, organisation or association.

Textual Amendments

F1 Words substituted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 1, Sch. 2 para. 3(a)

F2 Words substituted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 1, Sch. 2 para. 3(b)

F3 Words repealed by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(2), Sch. 3

F4 Words substituted by Theatres Act 1968 (c. 54), Sch. 2

F5 Words inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 16 and for those words new words are substituted by Broadcasting Act 1990 (c.42, SIF 96), s. 203(1), Sch. 20 para. 8

Modifications etc. (not altering text)

C1 S. 2: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B14

Marginal Citations

M1 1963 c. 33 (81:1)

M2 1964 c. 26.

M3 1968 c. 54.