Agenda item

Discussion:

 

The Committee was update on the Legislative Reform (Entertainment Licensing) Order 2014 which will come into force on 6 April 2015, deregulating from the Licensing Act 2003 certain entertainment activities in defined circumstances as detailed in Appendix A to the report and on the handout circulated at the meeting.

 

With effect from 6 April 2015 a licence will no longer be required for:

 

Plays, Dance:

-       0800-2300

-       Audience no more than 500

 

Films:    

-       0800-2300

-       Audience no more than 500

-       Not for profit

-       Organiser has consent of person responsible for premises:

-       Organiser abides by age classification ratings (U, 12, 18 etc)

 

Indoor Sporting Events:

-       0800-2300

-       Audience no more than 1000

 

Boxing and Wrestling:

                 -      0800-2300

                 -      audience no more than 1000

                 -      Greco-Roman or Freestyle wrestling

 

Unamplified Live Music:

-       0800=2300 anywhere

 

Amplified Live Music:

-       0800-2300

-       Audience no more than 500

-       Premises with an ‘on-licence’; or

-       A ‘workplace’; or

-       Church Hall, village hall, community hall or similar where organiser has consent of person responsible

-       Non-residential Local Authority (LA)  premises, school or hospital where organiser has consent of the LA, school or healthcare provider

 

Recorded Music:

-       0800-2300

-       Audience no more than 500

-       Premises with an ‘on-licence’; or

-       Church Hall, village hall, community hall or similar where organiser has consent of person responsible

-       Non-residential LA premises, school or hospital where organiser has consent of LA, school or healthcare provider

 

‘Cross-activity exemptions’:

-       Any entertainment

-       0800-2300

-       On LA premises where provided by or on behalf of LA

-       On hospital premises where provided by or on behalf of healthcare provider

-       On school premises, where by or on behalf of school proprietor; or at a travelling circus provided:

(a)  Not films, boxing or wrestling entertainment;

(b)  Within moveable structure accommodating audience;

(c)  Not there for more than 28 days

 

The Licensing and Local Land Charges Manager set out the potential issues arising from the changes in legislation and the associated risks.  Members expressed their concerns about the impact of the changes to legislation and felt that the changes were excessive and likely to lead to problems.

 

In response to those concerns the Licensing and Local Land Charges Manager confirmed that she had put forward a response to the consultation about the changes pointing out the likely issues in particular in relation to noise nuisance. 

 

Members asked what could be done in the event of problems occurring during the period where a licence would not be required.  The Licensing and Local Land Charges Manager explained that as per existing legislation a review could be requested by a Ward Councillor, responsible authority, or member of the public.  The Planning and Licensing Lawyer stated that at such a review conditions could be imposed.

 

Further to a question the Licensing and Local Land Charges Manager explained that there would not be a reduced workload in the licensing section because very few applications were purely for entertainment, most licensing applications related to alcohol or late night refreshment.

 

A request was made from Members for the Member licensing training to explicitly enable Members to understand how they can deal with any complaints that may arise following these changes in legislation.

 

The Licensing and Local Land Charges Manager stated that the Deregulation Bill continues to run its course between the House of Lords and House of Commons.  Officers at this time are unsure when the Commons consideration will take place (possibly during April) and anticipate Royal Assent possibly in May.

 

She stated that Items under consideration under the Licensing Act are:

 

-       Deregulation of alcohol sales at community events and ancillary business sales (cl. 66)

-       TENs (Temporary Event Notices): 15 will be permitted per year from 2016 rather than 12 (cl. 67)

-       Indefinite Personal Licence duration (cl. 68)

-       Liqueur chocolates will be able to be purchased by children (cl. 69)

-       Exceptions to Late Night Refreshment definition (cl. 70)

-       Failing to report (theft/loss of licence) (cl. 71)

 

Further detail on the outcome of this consideration would be shared with the Committee as soon as it was available.

 

Decision:

 

Members noted the changes in legislation.