Memorandum submitted by Zippos Circus
Zippos Circus is one of the largest of some
30+ circuses that tour the UK each year, and has a maximum seating
capacity of 925 persons. Our touring season usually lasts from
February until November, when we visit around 40 separate venues,
generally for a week at each venue. Whilst we understand the need
for regulation and compliance with legislation, we believe that
the requirement for a separate licence for every circus venue
we visit has placed an unreasonable burden on our circus and upon
the industry as a whole.
We believe that the visit of a circus serves
a useful and important function in bringing good quality, affordable
live entertainment to local communities. It is often the first
experience of live performance for young people, and as one of
the most inclusive forms of entertainment, it deserves to be valued
and to be supported by both local and national Government. Circus
is a vital and integral part of our national heritage, the circus
as we know it today was "invented" by an Englishman,
Philip Astley, in 1768, since which time circuses performances
were unlicensed until the Licensing Act 2003.
The introduction of the Licensing Act 2003 has
caused a major impact on our business and our method of operation,
by increasing our administrative and operating costs.—Unlike
theatres who may benefit from the act, Zippos Circus has had to
apply for Premises Licenses for over 30 venues at a cost of up
to £1,000 per license, along with many hours of administrative
time (sometimes attending Licensing hearings) thus reducing our
income and profitability.
Our experience of making a Premises Licence
applications is that the time-scale is far longer than anticipated:
Because of the possibility of an objection, it may take three
months for the grant of a licence, and it is only then that we
can start to print posters, place advertising and sell tickets.
This means that a four-month lead-time is realistic. But of course
we must also be prepared for an application to be refused and
allow enough time for an alternative venue to be sought and licensed,
and this further extends the process.
More significantly, the Licensing Acts 2003
denies us the flexibility to chose and change venues that is all-important
to the successful operation of our circus. Of course flooded parks
in 2007 caused us to have to change venues at short notice last
year, which in most cases meant operating on a TEN which reduced
our seating capacity by half!
We have been forced to change a venue at short
notice on nine occasions in 2007, and eleven occasions during
2008, and the ability to do so is vital to operating successfully.
Such changes may be required for various reasons, with the increased
rainfall and subsequent flooding of venues during the past two
years a significant factor. Waterlogged grounds make it difficult
for the set-up and operation of our circus and will deter the
public from attending. On occasions we have had no option but
to perform where ground conditions are unsuitable, because an
alternative, licensed venue has not been available, and have experienced
a loss of income through poor attendance, and an increase in costs
for repairs to the ground following our visit. Such ground-damage
often makes a landowner or local authority unwilling to consider
future circus visits, and can also have an adverse affect on the
relationship between our circus and a park's user group in the
local community.
The necessity to change venues at short notice
has forced us to give Temporary Event Notices on many occasions,
with the resulting limitations on the number of days, number of
performances, and audience capacity. These limitations have had
a considerable impact: Although the capacity of up to 500 persons
present that is permitted by a TEN is sometimes sufficient, the
reality is that we expect to perform to a small audience on a
weekday evening and rely on a weekend full-house to break-even.
This subsequent loss of revenue means that TENs are not a viable
option and are only used when the alternative is to close the
circus.
During 2007 and 2008, the restrictions imposed
by the Licensing Act 2003 have encouraged us to take our circus
to Scotland for a significant part of each year. Here, we have
found that the licensing policy is more consistent, with the result
that our administration is easier and more straightforward. In
most local authority areas the timescale for the grant of a Temporary
Entertainment Licence is far shorter.
Many Licensing Authorities we have visited recently
take the view that our particular circus does not contain any
regulated entertainment have therefore declared Zippos exempt
from licensing. For example:
— Circus music for example must be
considered incidental. The acts can play without music, and circus
music is not an advertised attraction on our posters.
— Is a clown act a play? And if it
were, would 6 mins of clowning out of 2hrs total of circus make
a circus licensable?
— Does a high wire walker walk or dance
on the high wire?
The varying interpretations are based largely
on section 10.35 of the Guidance Notes, the only section of the
legislation to address the question of circus licensing:
10.35 In the case of circuses and fairgrounds,
much will depend on the content of any entertainment presented.
For example, at fairgrounds, a good deal of the musical entertainment
may be incidental to the main attractions and rides at the fair
which are not themselves regulated entertainment. However, in
the case of a circus, music and dancing are likely to be main
attractions themselves (and would be regulated entertainment)
amidst a range of other activities which are not all regulated
entertainment.
If exemption for bona fide circuses will now
be considered as a realistic option, then we would like to suggest
that this can be achieved by amending this section of the guidance
notes, maybe:
In the case of circuses and fairgrounds, much
will depend on the content of any entertainment presented. For
example, at fairgrounds and circuses, a good deal of the musical
entertainment may be incidental to the main attractions and rides
at the fair or circus acts are not themselves regulated entertainment.
We feel that a change in the guidance notes
would be the simplest "fix" to the of benefit to all
parties. Licensing Officers would still then be able to rule on
music events (raves) that might include circus acts but are clearly
not circuses without having to define what a circus is.
Why License circuses? There has certainly been
not benefit in Health and Safety terms, H & S inspections
were rigorously carried out at circuses before Licensing, and
this continues to be the case. Since circuses sell no alcohol
and present family entertainment where Mum and Dad are present
there is no risk to children. Our experience is that the burden
on licensing circuses is considerable, and the benefit none.
Zippos Circus support the submission made by
the Association of Circus Proprietors that it is reasonable to
ask that a more appropriate system for circus licensing should
be determined, and hope that a way forward can be found that will
support this most worthwhile entertainment.
September 2008
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