1 Introduction
1. The draft Legislative Reform (Entertainment Licensing)
Order 2014 (the "draft Order") and Explanatory Document
were laid before Parliament on 8 July 2014 by the Department for
Culture, Media and Sport (the "Department").
2. The draft Order would amend Schedule 1 to and
section 177A and Schedule 1 of the Licensing Act 2003 Act (the
"2003 Act") to deregulate certain types of regulated
entertainment in defined circumstances.[1]
The areas of regulated entertainment covered by the draft order
are as follows:
· the
provision of entertainment by and on behalf of local authorities,
health care providers or schools on their own defined premises;[2]
· live music
in relevant alcohol licensed premises and workplaces;[3]
· recorded music
in relevant alcohol licensed premises;[4]
· live and recorded
music exemptions;[5]
· travelling
circuses;[6]
· Greco-Roman
and freestyle wrestling; and[7]
· incidental
film.[8]
3. Government has already amended the 2003 Act as
part of the Government's Red Tape Challenge. In 2012, the Live
Music Act 2012 ("LMA 2012") conditionally deregulated
live music in certain venues and circumstances and the Licensing
Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013
(the "2013 Order") partially deregulated plays, dance
and indoor sporting events. The LMA 2012 also amended the exceptions
applicable to the definition of regulated entertainment so as
to provide that the provision of entertainment consisting of the
performance of live music or the playing of recorded music is
not regarded as the provision of regulated entertainment in so
far it is incidental to some other activity which is not itself
a description of entertainment falling within the definition in
Schedule 1 to the 2003 Act. It is proposed that the draft Order
would extent this exception to incidental film. This would be
in addition to provisions in the Deregulation Bill (due to commence
its Committee stage in the House of Lords in October) which would
remove the need for a licence for a film exhibition in certain
circumstances.
4. The Minister has recommended that the draft Order
be subject to the affirmative resolution procedure.
1 Explanatory document, page 4 Back
2
Explanatory document, Chapter 4 Back
3
Explanatory document, Chapter 5 Back
4
Explanatory document, Chapter 6 Back
5
Explanatory document, Chapter 7 Back
6
Explanatory document, Chapter 8 Back
7
Explanatory document, Chapter 9 Back
8
Explanatory document, Chapter 10 Back
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