Licensable Activities

The Licensing Act 2003 defines the following licensable activities:

• the sale by retail of alcohol,
• the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club,
• the provision of regulated entertainment, and
• the provision of late night refreshment.

The provision of late night refreshment

A person “provides late night refreshment” if at any time between the hours of 11.00 p.m. and 5.00 a.m., that person supplies hot food or hot drink to members of the public.

The provision of regulated entertainment

Regulated entertainment generally means the provision of any entertainment listed below that is provided for members of the public or for members of a club and their guests or, if none of those apply, is provided with a view to making a profit:

• Plays
• Films
• Indoor sports
• Boxing and wrestling
• Live music
• Recorded music
• Performance of dance
• Any similar entertainment to live music, recorded music and performance of dance

Exempt entertainment

In general terms, a premises licence or a temporary event notice is always required for regulated entertainment activities that take place before 8am or after 11pm.

During the hours of 8am and 11pm, the following activities do not require a licence:

The following activities are examples of entertainment which are not licensable (regardless of when it happens or audience size): -

• activities which involve participation as acts of worship in a religious context
• activities in places of public religious worship;
• education - teaching students to perform music or to dance;
• the demonstration of a product - for example, a guitar - in a music shop;
• the rehearsal of a play or performance of music for a private audience where no charge is made with a view to making a profit;
• Morris dancing or similar (including any music that is an integral part of the performance);
• Incidental music – the performance of live music or the playing of recorded music if it is incidental to some other activity;
• Incidental film - an exhibition of moving pictures if it is incidental to some other activity;
• A spontaneous performance of music, singing or dancing;
• Garden fetes – or similar if not being promoted or held for purposes of private gain;
• Films for advertisement, information, education or in museums or art galleries;
• Television or radio broadcasts – as long as the programme is live and simultaneous;
• Vehicles in motion – at a time when the vehicle is not permanently or temporarily parked;
• Games played in pubs, youth clubs etc. (e.g. pool, darts and table tennis); and
• Stand-up comedy;