Entertainment Deregulation. Ian Jenkins Department for Culture, Media and Sport



From this document you will learn the answers to the following questions:

What is the legal status of the music that is used for live music?

What is the time for a public performance?

What is an example of an entertainment that can be performed in an indoor sporting event?

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Transcription:

Entertainment Deregulation Ian Jenkins Department for Culture, Media and Sport

Entertainment Licensing A performance of a play An exhibition of a film An indoor sporting event A boxing or wrestling entertainment A performance of live music Any playing of recorded music A performance of dance Entertainment of a similar description to live music, recorded music or dance

Why deregulation? Manifesto Commitments: Removing unnecessary regulations and burdens on business and the voluntary sector Coalition Agreement: cut red tape to encourage the performance of more live music. Plan for Growth: reduce licensing burdens on other forms of entertainment

Why deregulation (cont.) Post 2011 consultation - Striking the right balance between the management of risk and the regulatory burden Safeguards in other legislation 500 people audience upper limit, read across to TENs 23:00 night-time protection Trusted providers local authorities, schools, hospitals

Phased approach Live Music Act 2012 - Government supported Private Members Bill Deregulation of plays, dance and indoor sport - Licensing Act (Descriptions of Entertainment) (Amendment) Order 2013 Most complex - Legislative Reform (Entertainment Licensing) Order 2014 Deregulation of film exhibitions in community premises Deregulation Bill

Live Music from 06 April 2015 Live unamplified music deregulated between 08:00-23:00 on any premises Live amplified music deregulated between 08:00-23:00 provided the audience does not exceed 500 However live music can become licensable in on-licensable premises if the licensing authority removes the effect of the deregulation following a licence review ( licence review mechanism )

Recorded Music from 06 April 2015 Recorded music deregulated between 08:00 and 23:00 in on-licensed premises provided the audience does not exceed 500 However recorded live music can become licensable if the licensing authority removes the effect of the deregulation following a licence review ( licence review mechanism ) Unlike live music deregulation of recorded music does not apply to workplaces

New exemptions 06 April 2015 Local Authorities Schools Hospitals Community Premises Circuses Greco-Roman or freestyle wrestling Incidental film

Local authority new exemptions from 06 April 2015 Live music or recorded music between 08.00 and 23.00 at the nonresidential premises of a local authority provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from the local authority concerned Any entertainment provided by or on behalf of a local authority on their own premises between 08:00 and 23:00

Health new exemptions from 06 April 2015 Live music or recorded music between 08.00 and 23.00 on hospital premises provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the hospital premises from the healthcare provider concerned Any entertainment provided by or on behalf of a health care provider on their own hospital premises between 08:00 and 23:00

Schools new exemptions - from 06 April 2015 Live music or recorded music between 08.00 and 23.00 on school premises provided that: (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the premises from the school proprietor concerned Any entertainment provided by or on behalf of a school proprietor on their own school premises between 08:00 and 23:00

Community premises new exemption from 06 April 2015 Live music or recorded music between 08.00 and 23.00 in a: ochurch hall, ovillage hall, ocommunity hall or other similar community premises that is not licensed to sell alcohol provided that: (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance from a person who is responsible for the premises.

Travelling circuses - new exemption from 06 April 2015 Any entertainment (excluding films and a boxing or wrestling entertainment) taking place at a travelling circus, provided: (a) it takes place within a moveable structure that accommodates the audience, and (b) that the travelling circus has not been located on the same site for more than 28 consecutive days

Olympic wrestling disciplines new exemption from 06 April 2015 A contest, exhibition or display of Greco-Roman wrestling, or freestyle wrestling deregulated between 08:00 and 23:00, provided that the audience does not exceed 1000

Incidental Film Incidental film - an exhibition of moving pictures if it is incidental to some other entertainment activity Depends on the facts in each case Does the appearance of moving pictures within another activity, for which no licence is required undermine the promotion of the licensing objectives?

Exhibition of films in community premises From 06 April 2015? Community film measure dependant on Royal Assent of Deregulation Bill No licence required for not-for-profit film exhibition held in community premises between 08.00 and 23:00 provided that the audience does not exceed 500 and the organiser (a) gets consent to the screening from a person who is responsible for the premises; and (b) ensures that each such screening abides by age classification ratings

Guidance to Licensing Authorities Draft of planned revision to Section 182 Guidance on regulated entertainment published on 28 November on gov.uk Revision expected to come into force on 06 April 2015 coinciding with legislative change

Summary: What will still be licensable? 06 April 2015 Any entertainment activity after 11pm at night Most forms of entertainment activity in the presence of an audience of more than 500 people (with a few exceptions). Any sexual entertainment

That s all folks! Ian Jenkins T: 020 7211 2288 E: ian.jenkins@culture.gov.uk