Licensing Act 2003

Part 2 E+W Exemptions

Film exhibitions for the purposes of advertisement, information, education, etc. E+W

5 E+W The provision of entertainment consisting of the exhibition of a film is not to be regarded as the provision of regulated entertainment for the purposes of this Act if its sole or main purpose is to—

(a) demonstrate any product,

(b) advertise any goods or services, or

(c) provide information, education or instruction.

Film exhibitions: museums and art galleries E+W

6 E+W The provision of entertainment consisting of the exhibition of a film is not to be regarded as the provision of regulated entertainment for the purposes of this Act if it consists of or forms part of an exhibit put on show for any purposes of a museum or art gallery.

Music incidental to certain other activities E+W

7 E+W The provision of entertainment consisting of the performance of live music or the playing of recorded music is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is incidental to some other activity which is not itself—

(a) a description of entertainment falling within paragraph 2, or

(b) the provision of entertainment facilities.

Use of television or radio receivers E+W

8 E+W The provision of any entertainment or entertainment facilities is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the simultaneous reception and playing of a programme included in a programme service within the meaning of the Broadcasting Act 1990 (c. 42).

Religious services, places of worship etc. E+W

9 E+W The provision of any entertainment or entertainment facilities—

(a) for the purposes of, or for purposes incidental to, a religious meeting or service, or

(b) at a place of public religious worship,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

Garden fêtes, etc. E+W

10 (1) The provision of any entertainment or entertainment facilities at a garden fête, or at a function or event of a similar character, is not to be regarded as the provision of regulated entertainment for the purposes of this Act. E+W

(2) But sub-paragraph (1) does not apply if the fête, function or event is promoted with a view to applying the whole or part of its proceeds for purposes of private gain.

(3) In sub-paragraph (2) “private gain”, in relation to the proceeds of a fête, function or event, is to be construed in accordance with [F1 section 19(3) of the Gambling Act 2005].

Textual Amendments

F1 Words in Sch. 1 para. 10(3) substituted (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 20(3) (with ss. 352, 354, Sch. 16 para. 21); S.I. 2006/3272, art. 2(4)

Morris dancing etc. E+W

11 E+W The provision of any entertainment or entertainment facilities is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the provision of—

(a) a performance of morris dancing or any dancing of a similar nature or a performance of unamplified, live music as an integral part of such a performance , or

(b) facilities for enabling persons to take part in entertainment of a description falling within paragraph (a).

[F2 Sexual entertainment venues E+W

Textual Amendments

F2 Sch. 1 para. 11A inserted (6.4.2010 for E. and 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 23; S.I. 2010/722, art. 3 (with arts. 4-12); S.I. 2010/999, art. 3; S.I. 2010/1375, art. 3 (with transitional provisions and savings in S.I. 2010/1395, arts. 3, 10)

11A (1) The provision of relevant entertainment— E+W

(a) at premises for which a licence for a sexual entertainment venue is required (or the requirement has been waived) by virtue of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982, and

(b) of a kind, and in a way, by virtue of which the premises qualify as such a venue,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

(2) The provision of relevant entertainment—

(a) at premises which are subject to a licence for a sexual entertainment venue but are not such a venue merely because of the operation of paragraph 2A(3)(b) of Schedule 3 to the Act of 1982, and

(b) of a kind, and in a way, by virtue of which the premises would qualify as such a venue but for the operation of that paragraph,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

(3) The provision of entertainment consisting of the performance of live music or the playing of recorded music is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is an integral part of such provision of relevant entertainment as falls within sub-paragraph (1) or (2).

(4) The provision of entertainment facilities is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is for the purposes of such provision of entertainment as falls within sub-paragraph (1), (2) or (3).

(5) In this paragraph—

• “premises” has the meaning given by paragraph 2A(14) of Schedule 3 to the Act of 1982;

• “relevant entertainment” has the meaning given by paragraph 2A(2) of that Schedule to that Act;

• “sexual entertainment venue” has the meaning given by paragraph 2A(1) of that Schedule to that Act.]

Vehicles in motion E+W

12 E+W The provision of any entertainment or entertainment facilities—

(a) on premises consisting of or forming part of a vehicle, and

(b) at a time when the vehicle is not permanently or temporarily parked,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.