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193 Minor and consequential amendments | |
(1) Schedule 6 (which makes minor and consequential amendments) has effect. | |
(2) The Secretary of State may, in consequence of any provision of this Act or of | |
any instrument made under it, by order make such amendments (including | |
repeals or revocations) as appear to him to be appropriate in— | 5 |
(a) any Act passed, or | |
(b) any subordinate legislation (within the meaning of the Interpretation | |
Act 1978 (c. 30)) made, | |
before that provision comes into force. | |
194 Repeals | 10 |
The enactments mentioned in Schedule 7 (which include provisions that are | |
spent) are repealed to the extent specified. | |
195 Transitional provision etc. | |
Schedule 8 (which makes transitional and transitory provision and savings) | |
has effect. | 15 |
196 Short title, commencement and extent | |
(1) This Act may be cited as the Licensing Act 2003. | |
(2) The preceding provisions (and the Schedules) come into force in accordance | |
with provision made by order. | |
(3) Subject to subsections (4) and (5), this Act extends to England and Wales only. | 20 |
(4) Section 152(1) also extends to Northern Ireland. | |
(5) An amendment or repeal contained in Schedule 6 or 7 has the same extent as | |
the enactment to which it relates. | |
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Schedules | |
Schedule 1 | |
Section 1 | |
Provision of regulated entertainment | |
Part 1 | |
General definitions | 5 |
The provision of regulated entertainment | |
1 (1) For the purposes of this Act the “provision of regulated entertainment” | |
means the provision of— | |
(a) entertainment of a description falling within paragraph 2, or | |
(b) entertainment facilities falling within paragraph 3, | 10 |
where the conditions in sub-paragraphs (2) and (3) are satisfied. | |
(2) The first condition is that the entertainment or entertainment facilities are | |
provided— | |
(a) to any extent for members of the public or a section of the public, | |
(b) exclusively for members of a club which is a qualifying club in | 15 |
relation to the provision of regulated entertainment, or for members | |
of such a club and their guests, or | |
(c) in any case not falling within paragraph (a) or (b), for consideration | |
and with a view to profit. | |
(3) The second condition is that the premises on which the entertainment or | 20 |
entertainment facilities are provided are made available for the purpose, or | |
for purposes which include the purpose, of enabling the entertainment | |
concerned (whether of a description falling within paragraph 2(1) or | |
paragraph 3(2)) to take place. | |
To the extent that the provision of entertainment facilities consists of making | 25 |
premises available, the premises are to be regarded for the purposes of this | |
sub-paragraph as premises “on which” entertainment facilities are | |
provided. | |
(4) For the purposes of sub-paragraph (2)(c), entertainment is, or entertainment | |
facilities are, only to be regarded as provided for consideration if any | 30 |
charge— | |
(a) is made by or on behalf of any person concerned in the organisation | |
or management of that entertainment or those facilities, and | |
(b) is paid by or on behalf of some or all of the persons for whom that | |
entertainment is, or those facilities are, provided. | 35 |
(5) In sub-paragraph (4), “charge” includes any charge for the provision of | |
goods or services. | |
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(6) For the purposes of sub-paragraph (2)(c), the cases in which the | |
entertainment is, or entertainment facilities are, to be regarded as provided | |
with a view to profit include any case where that entertainment is, or those | |
facilities are, provided with a view to raising money for the benefit of a | |
charity. | 5 |
(7) This paragraph is subject to Part 2 of this Schedule (exemptions). | |
Entertainment | |
2 (1) The descriptions of entertainment are— | |
(a) a performance of a play, | |
(b) an exhibition of a film, | 10 |
(c) an indoor sporting event, | |
(d) a boxing or wrestling entertainment, | |
(e) a performance of live music, | |
(f) any playing of recorded music, | |
(g) a performance of dance, | 15 |
(h) entertainment of a similar description to that falling within | |
paragraph (e), (f) or (g), | |
where the entertainment takes place in the presence of an audience and is | |
provided for the purpose, or for purposes which include the purpose, of | |
entertaining that audience. | 20 |
(2) Any reference in sub-paragraph (1) to an audience includes a reference to | |
spectators. | |
(3) This paragraph is subject to Part 3 of this Schedule (interpretation). | |
Entertainment facilities | |
3 (1) In this Schedule, “entertainment facilities” means facilities for enabling | 25 |
persons to take part in entertainment of a description falling within sub- | |
paragraph (2) for the purpose, or for purposes which include the purpose, of | |
being entertained. | |
(2) The descriptions of entertainment are— | |
(a) making music, | 30 |
(b) dancing, | |
(c) entertainment of a similar description to that falling within | |
paragraph (a) or (b). | |
(3) This paragraph is subject to Part 3 of this Schedule (interpretation). | |
Power to amend Schedule | 35 |
4 The Secretary of State may by order amend this Schedule for the purpose of | |
modifying— | |
(a) the descriptions of entertainment specified in paragraph 2, or | |
(b) the descriptions of entertainment specified in paragraph 3, | |
and for this purpose “modify” includes adding, varying or removing any | 40 |
description. | |
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Part 2 | |
Exemptions | |
Film exhibitions for the purposes of advertisement, information, education, etc. | |
5 The provision of entertainment consisting of the exhibition of a film is not to | |
be regarded as the provision of regulated entertainment for the purposes of | 5 |
this Act if its sole or main purpose is to— | |
(a) demonstrate any product, | |
(b) advertise any goods or services, or | |
(c) provide information, education or instruction. | |
Film exhibitions: museums and art galleries | 10 |
6 The provision of entertainment consisting of the exhibition of a film is not to | |
be regarded as the provision of regulated entertainment for the purposes of | |
this Act if it consists of or forms part of an exhibit put on show for any | |
purposes of a museum or art gallery. | |
Music incidental to certain other activities | 15 |
7 The provision of entertainment consisting of the playing of recorded music | |
is not to be regarded as the provision of regulated entertainment for the | |
purposes of this Act to the extent that it is incidental to some other activity | |
which is not itself— | |
(a) a description of entertainment falling within paragraph 2, or | 20 |
(b) the provision of entertainment facilities. | |
Use of television or radio receivers | |
8 The provision of any entertainment or entertainment facilities is not to be | |
regarded as the provision of regulated entertainment for the purposes of this | |
Act to the extent that it consists of the simultaneous reception and playing | 25 |
of a programme included in a programme service within the meaning of the | |
Broadcasting Act 1990 (c. 42). | |
Religious meetings or services | |
9 The provision of any entertainment or entertainment facilities for the | |
purposes of, or for purposes incidental to, a religious meeting or service is | 30 |
not to be regarded as the provision of regulated entertainment for the | |
purposes of this Act. | |
Vehicles in motion | |
10 The provision of any entertainment or entertainment facilities— | |
(a) on premises consisting of or forming part of a vehicle, and | 35 |
(b) at a time when the vehicle is not permanently or temporarily parked, | |
is not to be regarded as the provision of regulated entertainment for the | |
purposes of this Act. | |
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Part 3 | |
Interpretation | |
General | |
11 This Part has effect for the purposes of this Schedule. | |
Plays | 5 |
12 (1) A “performance of a play” means a performance of any dramatic piece, | |
whether involving improvisation or not,— | |
(a) which is given wholly or in part by one or more persons actually | |
present and performing, and | |
(b) in which the whole or a major proportion of what is done by the | 10 |
person or persons performing, whether by way of speech, singing or | |
action, involves the playing of a role. | |
(2) In this paragraph, “performance” includes rehearsal (and “performing” is to | |
be construed accordingly). | |
Film exhibitions | 15 |
13 An “exhibition of a film” means any exhibition of moving pictures. | |
Indoor sporting events | |
14 (1) An “indoor sporting event” is a sporting event— | |
(a) which takes place wholly inside a building, and | |
(b) at which the spectators present at the event are accommodated | 20 |
wholly inside that building. | |
(2) In this paragraph— | |
“building” means any roofed structure (other than a structure with a | |
roof which may be opened or closed) and includes a vehicle, vessel | |
or moveable structure, | 25 |
“sporting event” means any contest, exhibition or display of any sport, | |
and | |
“sport” includes— | |
(a) any game in which physical skill is the predominant factor, | |
and | 30 |
(b) any form of physical recreation which is also engaged in for | |
purposes of competition or display. | |
Boxing or wrestling entertainments | |
15 A “boxing or wrestling entertainment” is any contest, exhibition or display | |
of boxing or wrestling. | 35 |
Music | |
16 “Music” includes vocal or instrumental music or any combination of the | |
two. | |
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