Part IIIEntertainment
18Amendment of Theatres Act 1968
(1)This section applies in a borough as from the appointed day.
(2)In section 18 (1) of the [1968 c. 54.] Theatres Act 1968, which defines expressions used in that Act, in the definition of “public performance”, after “[1936 c. 6 (1 Edw. 8 & 1 Geo. 6).] Public Order Act 1936” there shall be added, “any performance which is not open for the public but which is promoted for private gain”.
(3)In the Theatres Act 1968, after section 18, there shall be added—
“18AMeaning of promotion for private gain
(1)For the purposes of this Act a performance is promoted for private gain if, and only if—
(a)any proceeds from the performance, that is to say, any sum paid for admission to the performance; or
(b)any other sums (whenever paid) which, having regard to all the circumstances, can reasonably be regarded as paid wholly or partly for admission to the performance; or
(c)where the performance is advertised (whether to the public or otherwise), any sums not falling within paragraph (b) above which are paid for facilities or services provided for persons admitted to the performance;are applied wholly or partly for purposes of private gain.
(2)If in proceedings for an offence under section 13 (1) above any question arises whether a performance was promoted for private gain and it is proved—
(a)that any sums were paid for admission to the performance or to the premises at which it was given and that the performance was advertised to the public; or
(b)that any sums were paid for facilities or services provided for persons admitted to the performance and that the performance was advertised (whether to the public or otherwise); or
(c)that the amount of any payment falling to be made in connection with the promotion of the performance was determined wholly or partly by reference to the proceeds of the performance or any facilities or services provided for persons admitted to it;the performance shall be deemed to have been promoted for private gain unless the contrary is shown.
(3)Where a performance is promoted by a society which is established and conducted wholly for purposes other than purposes of any commercial undertaking and sums falling within subsection (1) above are applied for any purpose calculated to benefit the society as a whole, the performance shall not be held to be promoted for private gain by reason only that the application of those sums for that purpose results in benefit to any person as an individual.
(4)In subsection (3) above ‘society’ includes any club, institution, organisation or association of persons, by whatever name called.”.
19Amendment of Cinemas Act 1985
(1)This section applies in a borough as from the appointed day.
(2)In section 3 of the [1985 c. 13.] Cinemas Act 1985, which provides for the grant, renewal and transfer of a licence under that Act, after subsection (1) there shall be inserted—
“(1A)An applicant for the grant, transfer, renewal or variation of an annual licence shall furnish such particulars and give such other notices as the licensing authority may by regulation prescribe:
Provided that no regulation made under this section shall require the public advertisement of an application for—
(a)renewal or transfer of a licence; or
(b)a variation of a licence where that variation relates to a single period of not more than 24 hours and where that licence has not been previously varied more than 12 times within the 12 months preceding the day on which the application is made.”.
20Amendment of Private Places of Entertainment (Licensing) Act 1967
(1)This section applies in a borough as from the appointed day.
(2)In the [1967 c. 19.] Private Places of Entertainment (Licensing) Act 1967 there shall be inserted after section 4—
“4APowers of entry for inspection etc
(1)Any duly authorised officer of the council (on production, if so required, of a duly authenticated document showing his authorisation) or any constable may at all reasonable times enter upon, inspect and examine any premises used, or which he has reasonable cause to believe are used for entertainment (or intended to be so used) without the requisite licence and may do all things necessary for the purpose of ascertaining whether such an offence has been committed.
(2)Any person who wilfully obstructs any person acting in the exercise of his powers under this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(3)An authorised officer or a constable may exercise powers under subsection (1) above only if he has been granted a warrant by a justice of the peace. A justice may grant a warrant under this section only if he is satisfied either—
(i)that notice of intention to apply for a warrant has been given to the occupier of the premises; or
(ii)that the case is one of urgency or that the premises are unoccupied or the occupier is temporarily absent, or that the giving of notice of intention to apply for a warrant would defeat the object of entry.A warrant under this section shall authorise entry, if need be by force, but shall have effect only for seven days or until the power conferred by this section in accordance with the warrant has been exercised, whichever is the shorter.”.
(3)In the [1967 c. 19.] Private Places of Entertainment (Licensing) Act 1967, there shall be inserted after section 5—
“5AMeaning of promotion for private gain
(1)For the purposes of this Act entertainment is promoted for private gain if, and only if—
(a)any proceeds of the entertainment, that is to say, any sums paid for admission to the entertainment; or
(b)any other sums (whenever paid) which, having regard to all the circumstances, can reasonably be regarded as paid wholly or partly for admission to the entertainment; or
(c)where the entertainment is advertised (whether to the public or otherwise), any sums not falling within paragraph (b) above which are paid for facilities or services provided for persons admitted to the entertainment;
are applied wholly or partly for purposes of private gain.
(2)If in proceedings for an offence under section 4 (1) above any question arises whether an entertainment was promoted for private gain and it is proved—
(a)that any sums were paid for admission to the entertainment or to the premises at which it was given and that the entertainment was advertised to the public; or
(b)that any sums were paid for facilities or services provided for persons admitted to the entertainment and that the entertainment was advertised (whether to the public or otherwise); or
(c)that the amount of any payment falling to be made in connection with the promotion of the entertainment was determined wholly or partly by reference to the proceeds of the entertainment or any facilities or services provided for persons admitted to it;
the entertainment shall be deemed to have been promoted for private gain unless the contrary is shown.
(3)Where an entertainment is promoted by a society which is established and conducted wholly for purposes other than purposes of any commercial undertaking and sums falling within subsection (1) above 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 those sums for that purpose results in benefit to any person or an individual.
(4)In subsection (3) above ‘society’ includes any club, institution, organisation or association of persons, by whatever name called.”.
21Fees for entertainment licences
(1)This section applies in a borough as from the appointed day.
(2)In section 3 (4) of the [1967 c. 19.] Private Places of Entertainment (Licensing) Act 1967 (which provides for the grant, duration and transfer of licences under that Act) for “a fee of five pounds” there shall be substituted “such reasonable fee as the licensing authority may determine”.
(3)In the Private Places of Entertainment (Licensing) Act 1967, after section 3 there shall be inserted—
“3AVariation of licences
(1)The holder of a licence may at any time apply to the licensing authority for a variation in the terms, conditions or restrictions on or subject to which the licence is held.
(2)The person making an application for such a variation of licence shall on making the application pay to the licensing authority such reasonable fee as the licensing authority may determine.
(3)The licensing authority may—
(a)make the variation specified in the application;
(b)make that variation together with such further variation consequent thereon as the council may determine; or
(c)refuse the application.”.
(4)In section 5 of the Private Places of Entertainment (Licensing) Act 1967, in subsection (1) there shall be inserted, after paragraph (b)—
“(c)the holder of any such licence as aforesaid who is aggrieved by a variation of his licence or by a refusal to vary his licence,”.
(5)In Schedule 1 to the [1968 c. 54.] Theatres Act 1968 (which makes provision with respect to licences under that Act)—
(a)in paragraph 7, before the beginning of the paragraph, there shall be inserted “(1)”; and
(b)after paragraph 7 there shall be inserted—
“(2)The person making an application for such a variation of licence shall, on making the application, pay to the licensing authority such reasonable fee as the licensing authority may determine.”.