Fire Safety and Safety of Places of Sport Act 1987

PART IV Indoor Sports Licences

Licensing in England and Wales

42 Licensing of indoor sports premises in London

(1) In Schedule 12 to the [1963 c. 33.] London Government Act 1963 (licensing of certain public entertainments in London), after paragraph 3 there shall be inserted the following paragraphs—

“Indoor sports licences

3A (1) Subject to sub-paragraphs (2) and (3) below, no premises in a London borough or the City of London shall be used for any entertainment which consists of any sporting event to which the public are invited as spectators (a "sports entertainment") except under and in accordance with the terms of a licence granted under this paragraph by the Council.

(2) Sub-paragraph (1) above does not require a licence in respect of any occasion when the sporting event which constitutes the entertainment is not the principal purpose for which the premises are used on that occasion; but this provision does not apply in relation to a sports complex.

(3) Sub-paragraph (1) above does not apply to a sports entertainment held in a pleasure fair.

(4) The Council may grant to any applicant, and from time to time renew, a licence for the use of any premises specified in it for any sports entertainment on such terms and conditions and subject to such restrictions as may be so specified.

(5) Subject to the next following sub-paragraph and to paragraph 19(3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10(4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council think fit.

(6) The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an "occasional sports licence".

(7) Where a licence has been granted under this paragraph to any person the Council 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.

(8) In this paragraph—

• "premises" means any permanent or temporary building and any tent or inflatable structure and includes a part of a building where the building is a sports complex but does not include a part of any other building;

• "sporting event" means any contest, exhibition or display of any sport;

• "sports complex" means a building—

  (a)

  which provides accommodation and facilities for both those engaging in sport and spectators, and

  (b)

  the parts of which are so arranged that one or more sports can be engaged in simultaneously in different parts of the building; and

• "sport" includes any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for purposes of competition or display, except dancing (in any form).

3B (1) An applicant for the grant, renewal or transfer of a licence under paragraph 3A of this Schedule other than an occasional sports licence shall give to the Council, to the commissioner of police in whose district the premises to which the application relates are situated and to the fire authority not less than twenty-one days' notice of his intention to make the application.

(2) An applicant for the grant, renewal or transfer of an occasional sports licence shall give to the Council and the fire authority not less than fourteen days' notice of his intention to make the application.

3C The person making an application for the grant, renewal or transfer of a licence under paragraph 3A of this Schedule shall on making the application pay to the Council such fee as the Council may fix.”

(2) The consequential amendments of the said Schedule 12 specified in Schedule 3 to this Act shall also have effect.

43 Licensing of indoor sports premises outside London

In Schedule 1 to the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982 (licensing of certain public entertainments), for paragraph 2 (certain sports) there shall be substituted the following paragraph—

“2 (1) Subject to sub-paragraphs (2) and (3) below, no premises shall be used for any entertainment which consists of any sporting event to which the public are invited as spectators (a "sports entertainment") except under and in accordance with the terms of a licence granted under this paragraph by the appropriate authority.

(2) Sub-paragraph (1) above does not require a licence in respect of any occasion when the sporting event which constitutes the entertainment is not the principal purpose for which the premises are used on that occasion; but this provision does not apply in relation to a sports complex.

(3) Sub-paragraph (1) above does not apply to a sports entertainment held in a pleasure fair.

(4) The appropriate authority may grant to any applicant, and from time to time renew, a licence for the use of any premises specified in it for any sports entertainment 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.

(6) In this paragraph—

• "premises" means any permanent or temporary building and any tent or inflatable structure and includes a part of a building where the building is a sports complex but does not include a part of any other building;

• "sporting event" means any contest, exhibition or display of any sport;

• "sports complex" means a building—

  (a)

  which provides accommodation and facilities for both those engaging in sport and spectators, and

  (b)

  the parts of which are so arranged that one or more sports can be engaged in simultaneously in different parts of the building; and

• "sport" includes any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for purposes of competition or display, except dancing (in any form).”

Licensing in Scotland

44 Licensing of indoor sports premises in Scotland

(1) After section 41 of the [1982 c. 45.] Civic Government (Scotland) Act 1982 ("the 1982 Act") there shall be inserted the following section—

“41A Indoor sports entertainment licences.

(1) Subject to subsection (2) below, a licence to be known as an "indoor sports entertainment licence" shall be required for the use of premises as a place of public sports entertainment.

(2) Subsection (1) above shall not apply to any occasion on which the entertainment of the public by the sport is not the principal purpose for which the premises are used but this provision does not apply in relation to a sports complex.

(3) Without prejudice to paragraph 5 of Schedule 1 to this Act, a licensing authority may attach conditions to an indoor sports entertainment licence—

(a) restricting the use of the premises lo a specified kind or specified kinds of public sports entertainment;

(b) limiting the number of persons to be admitted to the premises;

(c) fixing the days and times when the premises may be open for the purposes of public sports entertainment.

(4) In this section—

• "premises" means any permanent or temporary building and any tent or inflatable structure and includes a part of a building where the building is a sports complex but does not include a part of any other building;

• "public sports entertainment" means any sporting event to which the public are invited as spectators;

• "sporting event" means any contest, exhibition or display of any sport;

• "sports complex" means a building—

  (a)

  which provides accommodation and facilities for both those engaging in sport and spectators; and

  (b)

  the parts of which are so arranged that one or more sports can be engaged in simultaneously in different parts of the building; and

• "sport" includes any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for purposes of competition or display, except dancing (in any form)”.

(2) On and after the date of coming into force of this section an application made (but not decided) before that date for the grant or renewal of a licence for the use of premises as a place of public entertainment shall, where the entertainment for which the premises are to be used will be a public sports entertainment as mentioned in section 41A of the 1982 Act, be treated for all purposes as an application for a grant or renewal (as the case may be) of a licence under the said section 41A.

(3) On and after the date of coming into force of this section a licence granted or renewed before that date for the use of premises as a place of public entertainment under section 41(2) of the 1982 Act shall, where the entertainment for which the premises are to be used will be a public sports entertainment as mentioned in section 41A of the 1982 Act, be deemed for all purposes to have been granted or renewed under the said section 41 A.

(4) In section 9 of the 1982 Act (which makes provision for licensing authorities to resolve when licensing is to be required) in subsection (1) after the words "to 43" there shall be inserted the words "(except section 41A)".

(5) In section 41 of the 1982 Act (which makes provision for public entertainment licences) in subsection (2) after paragraph (a) there shall be inserted the following paragraph—

“(aa) premises in respect of which a licence is required under section 41A of this Act while such premises are being used for the purposes mentioned in that section;”.