North Ayrshire - Proposed To Amend Its Current Public Entertainment Resolution

Public Entertainment Resolution
Notice is hereby given that North Ayrshire Council, being the Licensing Authority in terms of the Civic Government (Scotland) Act 1982, proposes to amend its current public entertainment resolution. This notice contains a copy of the proposed resolution, which has been provisionally considered by Members of the Licensing Committee for North Ayrshire. Under the Civic Government (Scotland) Act 1982, this notice must be published for a period of 28 days to allow for representations. 

Should you wish to make a representation then please submit this via email to licensing@north-ayrshire.gov.uk. The Licensing Authority will report representations to the Licensing Committee on Wednesday 8th January 2025 at 10am, whereby the resolution will be further considered for approval. 

Proposed Public Entertainment Resolution  
North Ayrshire Council, being the Licensing Authority under the Civic Government (Scotland) Act 1982, resolves that from [date] a 'Public Entertainment Licence' under Section 41 of the 1982 Act ('PEL') is required for the places and activities listed at Part 

(A) below, subject to the exemptions in Parts 

(B) and 

(C) below. Parts: (A) List of places and activities needing a Licence 

(B) Exemptions
A "public entertainment licence" shall be required for the use of premises as a place of public entertainment. This means any place where members of the public are admitted or may use any facilities for the purposes of entertainment or recreation of any of the following types: 

A Public Entertainment Licence shall not be required for spectator-based entertainment events that satisfy all the following conditions: 

The event is provided to an audience of less than 200 persons at any one time and the organiser of the event takes appropriate steps to monitor and control capacity during the event, is fully risk assessed and certified by the organiser and that the organiser determines that no aspect of the event presents a high risk to the safety of spectators and the event organiser takes cognisance of HSG195 - the Health and Safety Executive Event Safety Guide (also known as the Purple Guide) or any further additional guidance specified, from time to time, by the Licensing Authority; "Spectator based entertainment" is defined as: 

(1) Performances such as dance, live music events and public performance of any music, dance or plays etc. 

(2) Exhibitions of an object such as a painting, drawing, installation, or historic artifact etc. 

(3) Public shows and events such as festivals, fairs, firework displays, circuses and sporting events etc. 

Part A - List of 'laces and activities needin •  a Licence:  

1. Premises used for public performances of live music, whether indoor or outdoor, including concerts, music festivals and live DJ events playing amplified music (live or recorded); 

2. A place where there is a public performance of any music, dance or play (speech, singing or acting), and premises used for performances involving hypnotism; 

3. Skating rinks (including facilities for indoor roller skating and skateboarding) and ice rinks; 

4. Circuses; 

5. Fairgrounds; 

6. Exhibitions; 

7. Snooker, Billiard or Pool Halls; 

8. Swimming pools; 

9. Fireworks display, except ones covered by dispensation by the Council, authorised by Law or within the curtilage of a dwelling-house by or with the permission of the occupier; 

10. Sunbed/tanning facilities; 

11. Animal riding where not covered by Riding Establishment Licence provisions; 

12. Premises used for bungee jumping, abseiling, zip slides, indoor climbing walls and trampolining; 

13. Premises used for paintball games; 

14. A large fete with one or more marquees; 

15. Any premises indoor or outdoor used for: 

(i) Motor vehicle stunt shows or motor sports. 

(ii) Quad bike events. 

16. Premises used for any activity involving inflatable structures such as bouncy castles, or one or more mechanical rides; 

17. Boxing, wrestling and martial arts events, or contact sports where a public audience may be present on payment of a fee. 

Any person wishing to carry on any such activity will require a licence from the Council before doing so, (unless the Council already licenses the activity in which case a licence will continue to be required without any delay in implementation). "With effect from X it will be an offence under Section 7(1) of the Act to use a premises for Public Entertainment for the classes mentioned above without a licence. 

(B) Community & School Fundraising Exemptions:  

All two conditions must apply before this exemption applies. 

If 
(a) the place is operated by a charitable, educational, religious, youth, recreational, community, political or similar organisation and 

(b) charges or donations are wholly for the benefit of the operating organisation, or another organisation which is within (a) 

it does not need a PEL. 

Head of Democratic Services Cunninghame House, Irvine KA12 8EE