Statutory Instruments
Criminal Law, England And Wales
Made
8th March 2017
Laid before Parliament
9th March 2017
Coming into force
3rd April 2017
The Secretary of State makes the following Regulations in exercise of the power conferred by section 134(5) of the Policing and Crime Act 2017(1).
1.—(1) These Regulations may be cited as the Policing and Crime Act 2017 (Possession of Pyrotechnic Articles at Musical Events) Regulations 2017 and come into force on 3rd April 2017.
(2) In these Regulations—
“premises licence” has the meaning given in section 11 of the Licensing Act 2003(2);
“the provision of regulated entertainment” has the meaning given in Schedule 1(3) to the Licensing Act 2003.
2.—(1) For the purposes of section 134(5) of the Policing and Crime Act 2017, an event to which paragraph (2) applies is specified.
(2) This paragraph applies to an event that—
(a)is provided to any extent for members of the public or a section of the public; and
(b)takes place on premises in respect of which—
(i)a premises licence has been granted; and
(ii)the licence authorises the premises to be used for the provision of regulated entertainment in the form of a performance of live music.
Brandon Lewis
Minister of State
Home Office
8th March 2017
(This note is not part of the Regulations)
These Regulations specify a description of an event for the purposes of section 134(5) of the Policing and Crime Act 2017. This section provides that it is an offence for a person to be in possession of a pyrotechnic article at a place where a qualifying musical event is being held, or at any other place that is being used by the organiser of the event for the purposes of either regulating entry to or departure from the event, or for providing sleeping or other facilities to attendees of the event.
A qualifying musical event is an event at which one or more live musical performances take place and which is either specified, or of a description specified, in regulations. These Regulations specify a description of such an event as one that is provided for members of the public or a section of the public only, and which takes place on premises that is authorised by a premises licence issued under the Licensing Act 2003 to provide regulated entertainment in the form of a performance of live music.
A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.
Schedule 1 was amended by section 356 of, and paragraph 20 of Schedule 16 to, the Gambling Act 2005 (c. 19), paragraph 23 of Schedule 7 to the Policing and Crime Act 2009 (c. 26), sections 2 and 3 of the Live Music Act 2012 (c. 2), and section 76 of the Deregulation Act 2015 (c. 20), S.I. 2013/1578 and 2014/3253.