Explanatory note
(This note is not part of the Order)
The Licensing Act 2003 (c. 17) (“the Act”) provides a unified framework for the regulation of a number of specified activities, including the provision of regulated entertainment.
This Order amends the Act in exercise of the power conferred by section 1 of the Legislative and Regulatory Reform Act 2006 (c. 51) so that, in certain circumstances, the provision of regulated entertainment may no longer need to be authorised under the Act.
This Order extends the exemption in paragraph 12A of Schedule 1 to the Act (which at present is limited to performances of live music) so that it also exempts the playing of recorded music where the specified conditions are satisfied: article 3(4). Equivalent amendments are made to section 177A of the Act, so that the suspension of any licence condition which relates to live music also applies to licence conditions which relate to recorded music or to both live and recorded music: article 2.
Article 2(3) of the Order amends one of the conditions specified in section 177A of the Act, raising the maximum number of persons in the audience from 200 to 500 for the purposes of both the exemption in paragraph 12A of Schedule 1 and the suspension of licence conditions in section 177A.
Article 2(6) adds a subsection (4A) to section 177A. Section 177A provides that licence conditions relating to music are suspended when certain conditions are satisfied, subject to their reinstatement or the addition of new conditions as a result of a review of the relevant premises licence or club premises certificate. Subsection (4A) makes clear that section 177A does not apply to music which is exempt by virtue of paragraph 12ZA or 12ZB of Schedule 1 to the Act.
Article 3(2) of the Order extends the existing exemption relating to incidental music in paragraph 7 of Schedule 1 to the Act so that it also covers incidental film.
The Order introduces the following exemptions by amending Part 2 of Schedule 1 to the Act:
Article 3(3) introduces paragraph 12ZA, which provides that no authorisation under the Act is required in respect of any entertainment put on by or on behalf of a health care provider, local authority or school proprietor, provided the specified conditions (relating to, for example, the premises on which the entertainment takes place) are met.
Article 3(3) also introduces paragraph 12ZB, which provides that no authorisation under the Act is required in respect of a performance of live music or playing of recorded music, provided the specified conditions (relating to, for example, the number of persons in the audience) are met.
Article 3(6) introduces paragraph 12D, which provides that no authorisation is required under the Act in respect of various entertainments put on by a travelling circus, provided the specified conditions are met.
Article 3(6) also introduces paragraph 12E, which provides that no authorisation is required under the Act for a contest, display or exhibition of Greco-Roman wrestling or freestyle wrestling, provided the specified conditions are met.
Article 4 of the Order adds a number of definitions to Part 3 of Schedule 1 to the Act so as to give clarity to these new exemptions.
A full impact assessment as to the effect that this Order will have on the costs of business, the voluntary sector and the public sector is available on the Government website at https://www.gov.uk/government/consultations/legislative-reform-order-changes-to-entertainment-licensing. This impact assessment is also published with the Explanatory Document alongside the instrument on www.legislation.gov.uk.