What is regulated entertainment under the Licensing Act 2003?

The provision of regulated entertainment covers the provision of entertainment or of entertainment facilities. The descriptions of entertainment in the Licensing Act are:

• the performance of a play
• an exhibition of a film
• an indoor sporting event
• boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• a performance of dance
• or entertainment of a similar description to live music, recorded music or dance

Furthermore, to be "regulated entertainment" the entertainment must take place in the presence of an audience and be provided for the purpose of, or for purposes which include, entertaining that audience.

Entertainment facilities are facilities for enabling people to take part in entertainment for the purpose of being entertained or for purposes, which include the purpose, of being entertained. This applies only to:

• making music
• dancing
• entertainment of a similar description to making music or dancing

"Entertainment facilities" are, for example, a dance floor provided for customers to use, whereas "entertainment" might involve a performance of dance provided for an audience.

In order for the provision of entertainment or entertainment facilities to be regulated, two conditions must be satisfied.

• The first of these is that the entertainment or entertainment facilities must be provided:
• • (a) to any extent for the public or a section of the public or
  • (b) exclusively for members and their guests of a club which is a qualifying club in relation to the provision of regulated entertainment or
  • (c) where (a) and (b) do not apply, for consideration and with a view to profit
• The second is that the premises on which the entertainment takes place, or entertainment facilities provided, are made available for the entertainment to take place

How do I obtain a licence to provide entertainment?

Unless temporary entertainment is being provided (see TENs Section) or the entertainment or location is exempt under the Licensing Act, it will be necessary to apply for a premises licence or club premises certificate from the Licensing Authority. Information on which is available separately.

Are there any other requirements in order to put on regulated entertainment?

A premises licence authorises the use of a particular premises for the relevant licensable activities. This does not, for example, affect other planning or health and safety etc. requirements, and applicants should speak to the relevant authorities about how to comply with other legislation.

Similarly, any permission(s) you may need from bodies responsible for copyright licensing (such as the Performing Right Society, the Mechanical-Copyright Protection Society or Phonographic Performance Ltd), or from a copyright owner under copyright legislation, are unaffected. Applicants should therefore consult the relevant bodies direct.

The Musicians' Union has produced the 'Live Music Kit', a step-by-step guide for venues thinking about putting on live music for the first time.