House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Licensing Bill [HL]


108

Licensing Bill [HL]
Schedule 1 — Provision of regulated entertainment
Part 1 — General definitions

 

Schedules

Schedule 1

Section 1

 

Provision of regulated entertainment

Part 1

General definitions

5

The provision of regulated entertainment

  1       (1)      For the purposes of this Act the “provision of regulated entertainment”

means the provision of—

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

              (b)             entertainment facilities falling within paragraph 3,

10

                   where the conditions in sub-paragraphs (2) and (3) are satisfied.

          (2)      The first condition is that the entertainment or entertainment facilities are

provided—

              (a)             to any extent for members of the public or a section of the public,

              (b)             exclusively for members of a club which is a qualifying club in

15

relation to the provision of regulated entertainment, or for members

of such a club and their guests, or

              (c)             in any case not falling within paragraph (a) or (b), for consideration

and with a view to profit.

          (3)      The second condition is that the premises on which the entertainment or

20

entertainment facilities are provided are made available for the purpose, or

for purposes which include the purpose, of enabling the entertainment

concerned (whether of a description falling within paragraph 2(1) or

paragraph 3(2)) to take place.

                   To the extent that the provision of entertainment facilities consists of making

25

premises available, the premises are to be regarded for the purposes of this

sub-paragraph as premises “on which” entertainment facilities are

provided.

          (4)      For the purposes of sub-paragraph (2)(c), entertainment is, or entertainment

facilities are, only to be regarded as provided for consideration if any

30

charge—

              (a)             is made by or on behalf of any person concerned in the organisation

or management of that entertainment or those facilities, and

              (b)             is paid by or on behalf of some or all of the persons for whom that

entertainment is, or those facilities are, provided.

35

          (5)      In sub-paragraph (4), “charge” includes any charge for the provision of

goods or services.

 

 

Licensing Bill [HL]
Schedule 1 — Provision of regulated entertainment
Part 1 — General definitions

    109

 

          (6)      For the purposes of sub-paragraph (2)(c), the cases in which the

entertainment is, or entertainment facilities are, to be regarded as provided

with a view to profit include any case where that entertainment is, or those

facilities are, provided with a view to raising money for the benefit of a

charity.

5

          (7)      This paragraph is subject to Part 2 of this Schedule (exemptions).

Entertainment

  2       (1)      The descriptions of entertainment are—

              (a)             a performance of a play,

              (b)             an exhibition of a film,

10

              (c)             an indoor sporting event,

              (d)             a boxing or wrestling entertainment,

              (e)             a performance of live music,

              (f)             any playing of recorded music,

              (g)             a performance of dance,

15

              (h)             entertainment of a similar description to that falling within

paragraph (e), (f) or (g),

                   where the entertainment takes place in the presence of an audience and is

provided for the purpose, or for purposes which include the purpose, of

entertaining that audience.

20

          (2)      Any reference in sub-paragraph (1) to an audience includes a reference to

spectators.

          (3)      This paragraph is subject to Part 3 of this Schedule (interpretation).

Entertainment facilities

  3       (1)      In this Schedule, “entertainment facilities” means facilities for enabling

25

persons to take part in entertainment of a description falling within sub-

paragraph (2) for the purpose, or for purposes which include the purpose, of

being entertained.

          (2)      The descriptions of entertainment are—

              (a)             making music,

30

              (b)             dancing,

              (c)             entertainment of a similar description to that falling within

paragraph (a) or (b).

          (3)      This paragraph is subject to Part 3 of this Schedule (interpretation).

Power to amend Schedule

35

  4        The Secretary of State may by order amend this Schedule for the purpose of

modifying—

              (a)             the descriptions of entertainment specified in paragraph 2, or

              (b)             the descriptions of entertainment specified in paragraph 3,

           and for this purpose “modify” includes adding, varying or removing any

40

description.

 

 

Licensing Bill [HL]
Schedule 1 — Provision of regulated entertainment
Part 2 — Exemptions

    110

 

Part 2

Exemptions

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

  5        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

5

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

10

  6        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

15

  7        The provision of entertainment consisting of 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

20

              (b)             the provision of entertainment facilities.

Use of television or radio receivers

  8        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

25

of a programme included in a programme service within the meaning of the

Broadcasting Act 1990 (c. 42).

Religious meetings or services

  9        The provision of any entertainment or entertainment facilities for the

purposes of, or for purposes incidental to, a religious meeting or service is

30

not to be regarded as the provision of regulated entertainment for the

purposes of this Act.

Vehicles in motion

  10       The provision of any entertainment or entertainment facilities—

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

35

              (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.

 

 

Licensing Bill [HL]
Schedule 1 — Provision of regulated entertainment
Part 3 — Interpretation

    111

 

Part 3

Interpretation

General

  11       This Part has effect for the purposes of this Schedule.

Plays

5

  12      (1)      A “performance of a play” means a performance of any dramatic piece,

whether involving improvisation or not,—

              (a)             which is given wholly or in part by one or more persons actually

present and performing, and

              (b)             in which the whole or a major proportion of what is done by the

10

person or persons performing, whether by way of speech, singing or

action, involves the playing of a role.

          (2)      In this paragraph, “performance” includes rehearsal (and “performing” is to

be construed accordingly).

Film exhibitions

15

  13       An “exhibition of a film” means any exhibition of moving pictures.

Indoor sporting events

  14      (1)      An “indoor sporting event” is a sporting event—

              (a)             which takes place wholly inside a building, and

              (b)             at which the spectators present at the event are accommodated

20

wholly inside that building.

          (2)      In this paragraph—

               “building” means any roofed structure (other than a structure with a

roof which may be opened or closed) and includes a vehicle, vessel

or moveable structure,

25

               “sporting event” means any contest, exhibition or display of any sport,

and

               “sport” includes—

                     (a)                    any game in which physical skill is the predominant factor,

and

30

                     (b)                    any form of physical recreation which is also engaged in for

purposes of competition or display.

Boxing or wrestling entertainments

  15       A “boxing or wrestling entertainment” is any contest, exhibition or display

of boxing or wrestling.

35

Music

  16       “Music” includes vocal or instrumental music or any combination of the

two.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 21 January 2003