A REPORT BY THE TASK GROUP SET UP TO REVIEW THE LICENSING PROVISIONS CONTAINED IN THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982
8. SECTION 41 - PUBLIC ENTERTAINMENT
This part of the Act provides licensing authorities with an optional power to license places of public entertainment where a charge is made for admission. It also specifies those establishments that are exempt from any such licensing requirement and specifies conditions which licensing authorities may attach, in addition to their general powers to do so.
8.1 The Task Group are of the view that there are sound environmental and safety reasons to support the retention of the public entertainment licensing regime and that licensing authorities are best placed to determine if there is a need to license in their area and the classes of activity this should cover.
Conclusion
The Task Group concluded that there is justification for continuing to license places of public entertainment and that it should remain an optional licensing activity.
8.2 The emerging conclusion of the Task Group was that the exemption at Section 41(2) (f) of the 1982 Act should be repealed. Section 41(2)(f) exempts any premises which holds a liquor licence under the Licensing (Scotland) Act 1976 from the requirement to obtain a public entertainment licence under the 1982 Act. We were concerned that the emergence of large-scale conference facilities and health clubs in hotels has created a category of premises which may give rise to public safety concerns but which are currently exempt from the public entertainment licensing regime by virtue of the exemption for liquor-licensed premises. There is also a link between this and the regulation of table and lap dancing establishments, which is dealt with at Chapter 15. The liquor licensing regime is primarily concerned with the control of public drinking and with preventing public disorder or crime which may result from this. The public safety standards that must be met to obtain a liquor licence are less stringent than those required for a public entertainment licence and as the 1976 Act relates only to the sale and consumption of alcohol, it is not possible to attach conditions to the licence relating to the entertainment aspect of the business.
8.3 We decided to test our emerging conclusion during the consultation process alert to the fact that, if repealed, it would result in a dual licensing requirement but considered that this was justified on the grounds of the preservation of public safety. A majority of respondents supported the lifting of the exemption for liquor licensed premises, most citing potential public safety concerns as the reason why the exemption should be lifted. However, a significant minority of respondents, including those representing the licensed trade, were opposed to the removal of the exemption. In their view, purpose-built conference centres and health clubs make up only a small proportion of those premises which hold liquor licences and put on public entertainment. They argued that the vast majority of such premises are pubs and hotels which will occasionally put on live music, often consisting of a single musician playing an unamplified instrument. The Musicians' Union was particularly concerned that the introduction of licensing for such small-scale public entertainment might have a detrimental effect on the provision of live music in pubs and hotels.
8.4 While conscious of such concerns, the Task Group originally concluded that the balance of arguments lay in favour of repealing the exemption at Section 41(2)(f). However, in cognisance of the changes proposed in the Scottish Executive Consultation Paper "The Licensing Scotland Bill: a Consultation on Liquor Licensing" issued in response to the recommendations contained in the Nicholson Committee Report, we have concluded that the exemption should be retained. This is on the basis that the proposed new liquor licences will stipulate the nature of the entertainment that can be provided in the licensed premises.
Recommendation
The Task Group recommend that the exemption at Section 41(2)(f) for premises which already hold a liquor licence under the Licensing (Scotland) Act 1976 should be retained, subject to the proposed new liquor licence arrangements allowing the nature of this entertainment to be specified as proposed in the White Paper on Liquor Licensing being introduced.
8.5 We also sought comments on the general effectiveness of the provisions and any other proposals for change during the consultation. A number of respondents requested that consideration be given to removing the exemption from the licensing requirement for events which are free to enter. At present, Section 41(2) of the Act states that a "place of public entertainment" means "any place where, on payment of money or money's worth, members of the public may use any facilities for the purposes of entertainment or recreation." Comments were made that some such events can attract large crowds with concomitant public safety and public order concerns, and as such licensing authorities should have a power to require the organisers to obtain a public entertainment licence. The Task Group agreed that it is unsatisfactory that licensing authorities are unable to control such large scale public entertainment events. We acknowledged that licensing authorities may not wish to license certain types of free event, such as gala days and school fetes, but considered that the decision on whether to license these events should rest with the individual authority. As such, we recommend that the exemption for events which are free to enter be removed.
Recommendation
The Task Group recommend that Section 41(2) of the 1982 Act should be amended so that the exemption for events which are free to enter be removed.