West Lothian Council delivers

Licences - public entertainment

 

Public entertainment

With effect from 1 April 2012 the legislation governing public entertainment licences has changed. As from that date free events falling within the definition below require to be licensed subject to the exceptions listed.

A Public Entertainment Licence is required for the use of premises or land within West Lothian where, members of the public are admitted or may use any facilities for the purposes or entertainment or recreation of the following kinds:

• Public dance halls including disco dancing establishments.
• Premises with mechanical rides or simulators intended for entertainment or amusement unless the rides are for the exclusive use of children under the age of 5 whilst supervised by an adult.
• Circuses.
• Exhibition of persons or performing animals.
• Fun fairs, including merry-go-rounds, roundabouts, swings, switch-back railways, skittle alleys, coconut shies, hooplas, shooting galleries, mechanical riding, driving or boating contrivances, or anything similar to any of the foregoing.
• Indoor or opern air music concerts involving the erection of temporary raised structures.
• Open air music concerts where in excess of 250 persons are present.
• Any exhibition to which the Hypnotism Act 1952 applies.
• Paintball.
• Clay pigeon shooting.

The legislation provides a number of exceptions

• an athletic or sports ground while being used as such;
• premises in respect of which an indoor sports entertainment licence under section 41A of the Civic Government (Scotland) Act 1982 is required while such premises are being used for the purpose mentioned in that section;
• an educational establishment while being used as such;
• premises belonging to or occupied by any religious body while being used wholly or mainly for purposes connected with that body;
• premises licensed under the Theatres Act 1968, the Cinemas Act 1985 or the Gambling Act 2005;
• licensed premises within the meaning of the Licensing (Scotland) Act 2005 in which public entertainment is being provided during the permitted hours within the meaning of that Act; or
• premises in which machines for entertainment or amusement are being provided incidentally to the main purpose or use of the premises where that main purpose or use is not as a place of public entertainment.

Public Entertainment Licences are normally granted for a period of one year. A temporary licence for a specific event can be granted for a maximum period of up to six weeks.

Any person who requires a public entertainment licence for a particular event must submit an application on the appropriate form along with the correct fee to West Lothian Connected, 16a Almondvale Shopping Centre, Livingston as soon as the event is organised and at least 35 days prior to that event to allow the application to be processed. Please see the guidance notes attached to the form regarding the arrangements for submission of the application forms.

Note: Where less than 35 days notice is given the council will not process the application and any fee paid will be refunded.

Please note that for events taking place after 21 December 2012 a revised resolution applies which lists additional activities which will require a public entertainment licence. Full details of the revised resolution are enclosed in the guidance notes attached to the application form.

Applications to cover events or premises requiring a public entertainment licence after 21 December 2012 may be processed by the Licensing Team after 21 April 2012.

Indoor sport entertainment

An Indoor Sports Entertainment Licence is required for the use of premises in West Lothian as a place of public sports entertainment.

A licence is not needed for any occasion on which the entertainment of the public by sport is not the principal purpose for which the premises are used as long as the premises are not a sports complex. If the premises are a sports complex then a licence is needed. 

"Premises" means any permanent or temporary building and any tent or inflatable structure and includes a part of the building where the building is a sports complex but does not include a part of any other building.

"Sports Complex" means a building - which provides accommodation and facilities for both those engaging in sport and spectators, and the parts of which are so arranged that one or more sport can be engaged simultaneously in different parts of the building.
"Public sports entertainment" means any sporting event to which the public are invited as spectators. "Sporting Event" means any contest, exhibition or display of any sport. 

" Sport" includes any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for the purposes of competition or display, except dancing (in any form).

Forms and fees are available at the bottom of this page. Contact the Licensing Team on 01506 281632 or by e-mail if you require further information.

Updated: 18/04/2012