Places of Entertainment

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 makes provision for the licensing by councils of places of entertainment and sex establishments. A council may resolve to apply its provisions in its district in which the sex establishments are located.

Schedule I to the 1985 order deals with the licensing of places of entertainment. The legislation applies to entertainments comprising theatrical performances, dancing, singing, or music, circus, and entertainment, including public matches and exhibitions.

It does not apply to music and singing in a place used mainly for public worship or incidental to a religious service or a meeting. It does not apply to entertainment that takes place wholly or mainly in the open-air.

The fields for entertainment or amusement or equipment for the playing of billiards, pool, snooker, or similar games are not to be provided at a place to which legislation applies, except in accordance with the terms of a licence granted by the council. This does not apply to machines and equipment provided incidentally to the main purpose of a place in the open-air or gaming machines. It does not apply to educational institutions and licensed cinemas.

There is provision for the licensing of outdoor music events. It applies to public musical entertainment wholly or mainly in the open-air or at a place on private land. An entertainment is musical only if music or singing is of substantial agreement and the land is privately owned, and the public have access to it only by permission of the owner.

The provisions do not apply to a garden fete, bazaar, sale of work, sporting or athletic event, exhibition, display, or other function or event of a similar character, whether limited to one day or extending to two or more days; or it does not apply to a religious meeting or service, merely because in each of the above cases music or singing is incidental to it. The provisions do not apply to entertainment in a pleasure fair.

The council may grant a licence to an applicant, from time to time, for any place specified for one or all of the entertainments mentioned above. The licence may be granted on such terms and subject to such restrictions as may be specified. The council is to have regard to model terms and restrictions published by the Department.

Terms and conditions may, without limiting the above, include regulations, the conduct, days and hours of use, and general arrangement, securing adequate fire precautions, securing facilities for the disabled, securing adequate sanitary appliances, preventing persons in the neighbourhood from being unreasonably disturbed by noise, and securing public liability insurance.

No terms and conditions are to be specified in a licence for the use of a place of entertainment unless they are specified for the following purposes: securing general safety at the entertainment; securing adequate access for fire engines, ambulances, police cars, or other vehicles required in an emergency; securing provision and maintenance of adequate sanitary appliances; preventing unreasonable disturbance to persons in the neighbourhood; securing and providing maintenance of receptacles for litter.

A licence may be transferred to another person on application by an applicant. Entertainment licences generally last for one year. It may be granted for not more than a particular number of days, up to 14 or up to 14 unspecified dates within a period of 12 months. An application may be made for renewal.

Applications for the grant, renewal, and transfer of licences are made in writing in the prescribed form. Generally, an applicant for the renewal, grant, or transfer of an entertainment licence must advertise in a newspaper circulating in the district at least seven days in advance. The advertisement is to specify particulars of the application.

Persons may make representations in relation to the grant, renewal, or transfer application to the council. The council shall take them into account. The council shall refer the application to its fire authority. It is to take account of observations submitted by the fire authority, previous convictions of the applicant, representations made by the applicant and third parties.

There is provision for the provisional grant of a licence, variation of a licence, and transmission of a licence on death.

If an entertainment has been provided where a licence is not in force and any person concerned in the management of that entertainment and any person who, knowing or having reasonable cause to suspect that the entertainment will be so provided at the place, allowed it to be used or made it available, is guilty of an offence.

If, in any place where an entertainment licence is in force, the terms of the licence are breached, the holder of the licence and any other person allowing the place to be so used by making it available, knowing or having reasonable cause to believe that it would be so used, is guilty of an offence.

A person guilty of an offence may be fined on summary conviction up to £20,000 or imprisoned for up to six months. In certain cases, and in other cases, a fine of up to level 2 is applicable. A higher fine is applicable to —. It is a defence that the person charged took all reasonable precautions and exercised due diligence to avoid the commission of the offence.

Where premises are licensed or form part of a place in respect of which an entertainment licence is in force, the person is not guilty of an offence above, by reason only of those premises being kept open for the authorised purposes by the entertainment licence after the latest hour so authorised but not later than the hour to which intoxicating liquor is authorised to be sold.

An authorised officer of the council, constable, or authorised officer of the fire authority who has reason to believe a place of entertainment is being used or is about to be used without a licence or in breach of a licence may enter a place in order to check its compliance with the terms of the licence. The fire authority may, on giving not less than 24 hours’ notice to the occupier of the place, enter for the purpose of inspection and ensuring compliance with terms and restrictions.

A constable or authorised officer of the council may enter a place in respect of which they have reason to suspect an offence is being committed, if authorised to do so by a warrant.

There is provision for the suspension of licences if it appears to the council that any provision of entertainment at a place in respect of which an entertainment licence is in force is causing or is likely to cause a serious threat to public order or safety.

There are provisions for appeals in respect of the grant, renewal, or transfer of an entertainment licence, variation of terms, imposition of conditions, or revocation of licences. An appeal is made to the county court. The court may confirm the order, vary it, or annul the order.