Mudcat Café message #827517 The Mudcat Café TM
Thread #53667   Message #827517
Posted By: The Shambles
15-Nov-02 - 09:17 PM
Thread Name: PELs UK Music needs your HELP
Subject: PELs UK Music needs your HELP
Schedules
Schedule 1
Section 1
Provision of regulated entertainment
Part 1
General definitions

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,
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
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 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 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 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.

(5) In sub-paragraph (4), "charge" includes any charge for the provision of goods or services.

Licensing Bill [HL]
Schedule 2 — Provision of late night refreshment
Part 2 — Exemptions


(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.

(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,
(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,
(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.

(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 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,
(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

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 description.


Licensing Bill [HL]
Schedule 2 — Provision of late night refreshment
Part 2 — Exemptions
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 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
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
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
(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 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 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
(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.


I would also draw your attention to clause 134 (1)(a) which criminalises any musician who performs anywhere without first checking that the place is licensed/authorised for the performance. Clause 137 allows a defence of 'due diligence', but basically it means that if the musician doesn't check first he/she could face heavy fines and a jail sentence.

Clause 134 can be found in the full act. Link to the Bill on the Parliament site

http://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldbills/001/03001.i-viii.html

Please help.