Local Government (Miscellaneous Provisions) Act 1982

Grant, renewal and transfer of entertainments licences

1 (1) An entertainment to which this paragraph applies shall not be provided in any place except under and in accordance with the terms of a licence granted under this paragraph by the appropriate authority.

(2) Subject to sub-paragraph (3) below, this paragraph applies to public dancing or music or any other public entertainment of a like kind.

(3) This paragraph does not apply—

(a) to any music—

(i) in a place of public religious worship ; or

(ii) performed as an incident of a religious meeting or service;

(b) to an entertainment held in a pleasure fair ; or

(c) to an entertainment which takes place wholly or mainly in the open air.

(4) The appropriate authority may grant to any applicant, and from time to time renew, a licence for the use of any place specified in it for all or any of the entertainments to which this paragraph applies on such terms and conditions and subject to such restrictions as may be so specified.

(5) The appropriate authority may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence.

2 (1) An entertainment to which this paragraph applies shall not be provided in any place except under and in accordance with the terms of a licence granted under this paragraph by the appropriate authority.

(2) Subject to sub-paragraph (3) below, this paragraph applies to any entertainment which consists of, or includes, any public contest, exhibition or display of boxing, wrestling, judo, karate or any similar sport.

(3) This paragraph does not apply—

(a) to an entertainment held in a pleasure fair; or

(b) to an entertainment which takes place wholly or mainly in the open air.

(4) The appropriate authority may grant to any applicant, and from time to time renew, a licence for the use of any place specified in it for all or any of the entertainments to which this paragraph applies on such terms and conditions and subject to such restrictions as may be so specified.

(5) The appropriate authority may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence.

3 (1) This paragraph applies to any public musical entertainment which is held—

(a) in an area in which this paragraph and paragraph 4 below have effect; and

(b) wholly or mainly in the open air ; and

(c) at a place on private land.

(2) For the purposes of this paragraph and paragraph 4 below—

(a) an entertainment is musical if music is a substantial ingredient; and

(b) land is private if the public has access to it (whether on payment or otherwise) only by permission of the owner, occupier or lessee.

(3) This paragraph does not apply—

(a) to a garden fete, bazaar, sale of work, sporting or athletic event, exhibition, display or other function or event of a similar character, whether limited to one day or extending over two or more days ; or

(b) to a religious meeting or service,

merely because music is incidental to it.

(4) This paragraph does not apply to an entertainment held in a pleasure fair.

4 (1) An entertainment to which paragraph 3 above applies shall not be provided except under and in accordance with the terms of a licence granted under this paragraph by the appropriate authority.

(2) The appropriate authority may grant to any applicant, and from time to time renew, a licence for the use of any place specified in it for any entertainment to which paragraph 3 above applies.

(3) The appropriate authority may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence.

(4) A licence under this paragraph may be granted—

(a) on terms and conditions ; and

(b) subject to restrictions,

imposed for all or any of the following purposes, but no others.—

(i) for securing the safety of performers at the entertainment for which the licence is granted and other persons present at the entertainment;

(ii) without prejudice to the generality of paragraph (i) above, for securing adequate access for fire engines, ambulances, police cars or other vehicles that may be required in an emergency ;

(iii) for securing the provision of adequate sanitary appliances and things used in connection with such appliances ;

(iv) for preventing persons in the neighbourhood being unreasonably disturbed by noise.

5 (1) Subject to paragraphs 8 and 17 below, any entertainments licence other than a licence in respect of one or more particular occasions only shall, unless previously cancelled under paragraph 10 or revoked under paragraph 12(4) below, remain in force for one year or for such shorter period specified in the licence as the appropriate authority may think fit.

(2) Where an entertainments licence has been granted to any person, the appropriate authority may, if they think fit, transfer that licence to any other person on the application of that other person or the holder of the licence.

6 (1) An applicant for the grant, renewal or transfer of an entertainments licence in respect of any place shall give not less than 28 days' notice of his intention to make the application to—

(a) the appropriate authority ;

(b) the chief officer of police ; and

(c) the fire authority.

(2) The appropriate authority may in such cases as they think fit, after consulting with the chief officer of police and the fire authority, grant an application for the grant, renewal or transfer of an entertainments licence notwithstanding the fact that the applicant has failed to give notice in accordance with sub-paragraph (1) above.

(3) An applicant for the grant, renewal or transfer of an entertainments licence shall furnish such particulars and give such other notices as the appropriate authority may by regulation prescribe.

(4) In considering any application for the grant, renewal or transfer of an entertainments licence, the appropriate authority shall have regard to any observations submitted to them by the chief officer of police and by the fire authority.

7 (1) Subject to sub-paragraphs (2) and (3) below, an applicant for the grant, renewal or transfer of an entertainments licence shall pay a reasonable fee determined by the appropriate authority.

(2) No fee shall be payable if the application is for a licence for an entertainment—

(a) at a church hall, chapel hall or other similar building occupied in connection with a place of public religious worship; or

(b) at a village hall, parish or community hall or other similar building.

(3) The appropriate authority may remit the whole or any part of the fee that would otherwise be payable for the grant, renewal or transfer of an entertainments licence, where in the opinion of the authority the entertainment in question—

(a) is of an educational or other like character; or

(b) is given for a charitable or other like purpose.

8 (1) Where, before the date of expiry of an entertainments licence, an application has been made for its renewal, it shall be deemed to remain in force notwithstanding that the date has passed until the withdrawal of the application or its determination by the appropriate authority.

(2) Where, before the date of expiry of an entertainments licence, an application has been made for its transfer, it shall be deemed to remain in force with any necessary modifications until the withdrawal of the application or its determination notwithstanding that the date has passed or that the person to whom the licence is to be transferred if the application is granted is carrying on at the place in respect of which the licence was granted the functions to which it relates.