NOTICE OF RESOLUTION: PUBLIC ENTERTAINMENT LICENCE - East Dunbartonshire Archived

PUBLIC NOTICE

PUBLIC ENTERTAINMENT LICENCE

Notice is hereby given that on 9 May 2019 the East Dunbartonshire Council, by virtue of the powers available under Section 9 of the Civic Government (Scotland) Act 1982, made the undernoted Resolution to vary the requirement for when a Public Entertainment Licence will be required within East Dunbartonshire in the circumstances specified in the Resolution. The Resolution will have effect from 10 February 2020.

CIVIC GOVERNMENT (SCOTLAND) ACT 1982, SECTIONS 9 AND 41
NOTICE OF RESOLUTION: PUBLIC ENTERTAINMENT LICENCE

east Dunbartonshire Council, by virtue of the powers conferred on it by Section 9 of the Civic Government (Scotland) Act 1982, HEREBY RESOLVES, that with effect from 10 February 2020, the requirement for a Public Entertainment Licence within the Council’s area shall be varied so as to apply to the following types of premises and in the circumstances as specified in this Resolution.

RESOLUTION

Public Entertainment Licence – What is Required?

A Public Entertainment Licence is required for the use of premises as a place of public entertainment. This means any place where members of the public are admitted or may use any facilities for the purposes of entertainment or recreation of any of the following types:

(a) Concerts, plays, musical performances (whether live or recorded), dance performances, other performances, lectures, talks, festivals, dances, discos, raves and other such events whether indoor or open air; *

(b) Sporting events unless if held at an athletic or sporting ground which are intended for that specific type of event;*

(c) Fetes, gala days and similar events;*

(d) Fairgrounds or pleasure parks;

(e) Highland games and agricultural shows;*

(f) Shows or exhibitions;*

(g) Circuses;

(h) Exhibitions of performing animals;

(i) Fireworks and bonfire displays;

(j) Billiards, snooker, pool and other games;*

(k) Indoor bowling;*

(l) Paintball games, laser or war gaming and other laser displays;

(m) Sunbeds, saunas, health clubs or gymnasia;

(n) Indoor and outdoor go-karting;

(o) Indoor skating rinks (including facilities for indoor roller skating and skateboarding) and ice rinks.*

(p) Activities involving shooting, including but not limited to shooting ranges, archery or clay pigeon shooting;

(q) Fisheries;*

(r) Children’s play centres;*

(s) Trampolining; and

(t) Indoor climbing.

If you intend to carry on any of these activities then you are required to apply for a public entertainment licence in advance of doing so. It is an offence under Section 7(1) of the Civic Government (Scotland) Act 1982 to use premises for public entertainment without a licence.

A public entertainment licence may not be required if the premises are already licensed under a different licensing regime. If you are in doubt about which regime applies you should contact the Council’s licensing team for advice.

Exceptions

The Council is keen to ensure that a public entertainment licence is only required where necessary and that the licensing regime does not unduly impact upon events organised at a community level unless for events where this is appropriate.

For the events or activities which are followed by a * above only, a Public Entertainment Licence is not required where ALL of the criteria (numbered 1-4 inclusive) below are met:

1. The event or activity is organised and held by any charity, religious, community, youth, sporting, or other non-commercial group; AND
2. The event or activity is provided to an audience of fewer than 300 persons at any one time and the organiser of the event has in place and operates appropriate steps to monitor and control attendance during the event so that attendance does not exceed 300; AND
3. The event or activity is not commercial in nature and any charge for entry of money, money’s worth or by donation is solely for the purpose of fundraising; AND
4. The event or activity does not involve the use of temporary raised structures, mechanical amusement rides, inflatable structures, or temporary enclosed or semi enclosed structures such as tents and marquees excepting gazeebos which do not exceed the size of 3 meters by 6 metres.

If you are in doubt whether an exemption applies you should contact the Council’s Licensing Team for advice.

FURTHER INFORMATION

The following information should be noted:- Although this Resolution, which applies to the whole of the Council area, does not come into force until 10 February 2020, the current arrangements in place for public entertainment licensing will remain in effect for events held or activities carried out until that date. Where a public entertainment licence is not currently required but will be required from 10 February 2020, applications for licences in respect of those premises will be considered by the Council after the expiry of one month from the date of the Resolution. With effect from 10 February 2020, and subject to the exemptions specified in the Resolution, it will be an offence under section 7(1) of the Civic Government (Scotland) Act 1982 to use any of the types of premises detailed above as a place of public entertainment or to carry out any of the activities detailed above without a Public Entertainment Licence. If you are unsure as to whether the activity you want to undertake or the premises in which the activity will be undertaken requires a Public Entertainment Licence, you should contact the Council’s Licensing Team.