Going, going, gone?

08 Jan
2013

In late 2011 the Department for Culture, Media and Sport (DCMS) launched a consultation proposing sweeping deregulation of most entertainments that are currently regulated by the Licensing Act 2003.

Yesterday, the DCMS issued their response to the consultation setting out plans to deregulate, in specified circumstances, a raft of entertainments. This follows on from the Live Music Act 2012 which deregulated live music in a range of circumstances.

In a written statement the Minister for Sport and Tourism, Hugh Robertson MP, outlined the new policy for entertainment as below:The following premises will be exempt from most forms of entertainment licensing:

  • Performance of plays: will no longer require a licence between 08:00-23:00 for audiences of up to 500 people;
  • Performance of dance: will no longer require a licence between 08:00-23:00 for audiences of up to 500 people;
  • Indoor sport: will no longer require a licence from 08:00-23:00 for audiences of up to 1,000 people; and
  • Recorded music: in line with live music deregulation, regulation for recorded music (mainly discos and DJs) will be suspended between 08:00-23:00 in premises licensed for the sale and supply of alcohol. This measure, as with live music deregulation, is subject to controls from the local licence Review process.

The following premises will be exempt from most forms of entertainment licensing:

  • Community venues (including Local Authority);
  • Schools;
  • Nurseries;
  • Hospitals; and
  • Circuses.

Live music was partially deregulated following the introduction of the Live Music Act 2012, which came into force on 1 October 2012 with the following effect:

  • unamplified live music deregulated between 08:00-23:00 with no restrictions on audience size; and
  • amplified live music deregulated between 08:00-23:00 in premises licensed for sale and supply of alcohol, and in certain workplaces for audiences of 200 or less.The Minister confirmed the Government's intention to raise, as part of the further deregulation, the permitted audience ceiling from 200 to 500, in on-licensed premises and workplaces in line with the most other deregulated activities.

Finally, the Minster announced a further consultation will be launched regarding the exhibition of films; regarding detailed proposals to partially deregulate community film exhibition whilst maintaining important age restriction protections for children.

The measures to deregulate plays, dance and indoor sport will be put to Parliament in the next few weeks, with the intention of bringing the measures into effect in England and Wales by April 2013, remaining measures will be implemented as "the Parliamentary timetable allows". As we mentioned in our coverage at the time the Live Music Act 2012 was published the Act provided the Secretary of State with the power to deregulate further entertainments, beyond live music and facilities for dancing, suggesting the power is already available to Ministers to bring these measures into force without primary legislation.

We shall keep you informed of progress.

     

     

    Law correct at the date of publication.
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