In light several of sound systems in different parts of the UK having been charged with PEL violations (sometimes after the fact).
These are some layman’s recommentation towards limiting exposure to this new repression on our freedom to party…
1. Private parties don’t need a license under PEL!
2. A private party isn’t open to the general public (invitations might want to state it’s an invitation only party!).
3. Selling alcohol at a private party is a clear violation of PEL and should be avoided.
4. There’s no size limit for private parties under PEL although Section 63 covers large events.
5. Boundaries or fences aren’t needed for a private party, as long they fall within point 2.
6. Private means not advertising it on public websites (as yet untested by the law but has been used when charges were made).
A PEL is required where entertainment that consists of either more than two performers or a combination of live performers and recorded sound takes place. The High Court have recently been asked to consider the exact scope of the reference to “two performers” in the legislation. In that case it was argued that the reference to two performers was simply a reference to the number of singers and/or musicians performing at any one time. This argument was put forward on the basis that a number of singers could appear over the course of an evening so long as not more than two performed at any one time. However, the Court did not find favour with this argument concluding that the legislation only provided a limited exception in respect of the same two performers on any one evening. A PEL is also required where dancing by members of the public takes place. What actually constitutes dancing has often been the subject of heated debate! However, it will always be a question of fact and degree as to what actually constitutes dancing. It is often said that the term includes moving rhythmically to music.
What about dancing at a premises where no Public Entertainment Licence exists?
It is possible to prosecute any person concerned in the organisation or management of any such entertainment, or any other person who, knowing or having reasonable cause to suspect that such entertainment would be so provided at the premises, and allowed the premises to be used for the provision of that entertainment or let the premises or otherwise made them available, to any person by whom an offence in connection with that use of the premises has been committed. Any person who is found guilty of an offence shall be liable on Summary Conviction (in the Magistrates’ Court) to a fine not exceeding £5,000.00. A defence is provided under the legislation for a person charged with an offence to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence. Where premises have the benefit of a Special Hours Certificate (Late Licence) a Public Entertainment Licence is always required as the sale of intoxicating liquor must be ancillary to music and dancing and substantial refreshment.
Do I require an Entertainment Licence for a Private Members Club?
Where premises operate strictly on the basis that admission may only be gained by members and their bona fide guests and not to general members of the public, then dancing may take place during the normal permitted hours. However, extreme care must be taken to ensure that any such clubs are operated strictly in accordance with their rules as any failure in this regard could result in a prosecution for allowing unlicensed entertainment to take place if members of the public are found to have gained admission. Where a private members club wishes to apply for a Special Hours Certificate, then a Certificate of Suitability from the Local Council will be necessary instead of a Public Entertainment Licence because of the private nature of the club.
When is a Public Entertainment Licence require in non-licensed premises?
There are three types of entertainment for which a licence is required from the appropriate authority:
Public dancing or music or any other public entertainment of a like kind;
Any entertainment which consists of a sporting event which the public are invited as spectators, designated a “Sports Entertainment”; and
Any public musical entertainment held wholly or mainly in the open air at a place on private land. (A licence is only required for this type of entertainment where the Local Authority has passed a resolution that such entertainment requires a licence)
Music is regarded as encompassing both vocal and instrumental sounds, either produced alone or in combination. “Other entertainment of a like kind” is a general expression that encompasses entertainment of a similar nature to dancing and music. For example, a skating performance to music and a striptease performance could be considered as entertainment of a like kind and thus fall under the definition of Public Entertainment. A sporting event means any contest, exhibition or display of any sport, which is defined as including “any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for the purpose of competition or display except dancing (in any form)”. The public must be “invited” to this entertainment for it to be considered “public”. This requirement is wide enough to cover the public being notified by any means, for example, via the media, notices displayed in any place or by word of mouth. Admission arrangements are immaterial, so that as long as the public are “invited” whether the event is held in the aid of a charity, club, association or school funds a licence is still required. In all cases the requirement to obtain a licence will only apply if the entertainment is “public” and a licence is needed even if the entertainment is to take place on one occasion only.
What are the implications for ‘Public entertainment’?
If the entertainment is private, then a Public Entertainment Licence will not be needed, although if the entertainment consists of dancing, music or any other entertainment of like kind, a licence may be required under the Private Place of Entertainment (Licensing) Act 1967 if the local authority have adopted this provision. However, this does not apply to premises licensed under the Licensing Act 1964 and so for the purposes of this article, this provision will be ignored. “Public” has not been defined by the act and so recourse must be made to decisions in earlier cases that have been heard. However, “public” entertainment has been held to take place where members of the public, without discrimination, are entertained by the means of entertainment that are provided. The important question to ask when considering the public element is “is the place where the entertainment is held open to the public?! If not, then the entertainment is private and no Public Entertainment Licence is needed but if it is then a Public Entertainment Licence is obviously required. It is therefore necessary to consider how entrance to the event is gained. The payment of admission money is immaterial in this consideration. Where entertainment is organised for the benefit of a group of persons and admission is restricted to them, then this will be private entertainment and no Public Entertainment Licence is necessary. Thus for “private” functions such as birthday parties, wedding receptions and anniversary celebrations no Public Entertainment Licence would be needed event if the entertainment consisted of dancing and live entertainment by two or more performers. Admission by ticket only does not necessarily mean that the function is private. It would be necessary to consider other factors, most importantly the exclusivity of the group of persons being sold the tickets. Therefore, tickets sold on the door to anyone wishing to purchase them would inevitably mean that the event is one of a public nature. Where premises are hired out to an organisation who either promote, distribute or sell tickets to a group of persons or members of the public it is necessary to look at the exclusivity of the people being sold the tickets to determine whether the entertainment is “public”. If admission is dependent upon the purchase of a ticket and being a member of a particular club etc then the entertainment may still be public event if neither membership nor tickets are available on the night. It is therefore necessary to look at how membership of that particular club can be gained so as to obtain admission to the event. There must be a sufficient degree of selection of persons so that they become bona fide club members rather than simply members of the public. If advertising takes place to members of the public at large prior to the event then the entertainment will almost certainly be “public”. Entertainment can be considered public event if the public’s participation in the event comprises the entertainment (of course this is irrelevant to private functions).
What are the implications for theatres?
Theatres deserved a special mention with regards to licensing. Theatres are governed by the Theatres Act 1968. A licence is required where premises are used for the public performance of plays whether or not the premises are licensed for the sale of intoxicating liquor or not. A licence will also be needed for productions or performances, which take place out doors. “Play” is defined to include not only any dramatic piece given wholly or in part by one or more persons actually present and performing but also any ballet so given. Theatres do not require music and dancing licences for incidental music to a play or for music or dancing forming part of the performance. However, it is important to note that a theatre licence does not cover public music or dancing and therefore, if the customers attending the theatre to “dance” to entertainment being provided the a Public Entertainment Licence will be required.
Are there any exemptions?
The following are certain types of entertainment for which a licence is not required:
Any music in a place of public religious worship;
Any music performed as an incident of a religious meeting or service;
An entertainment held i a pleasure fair; and
An entertainment which takes place wholly or mainly in the open air.
http://www.chelmsfordbc.gov.uk/news/feb03/rave.htm
ILLEGAL RAVE ORGANISERS SUCCESSFULLY PROSECUTED
CHELMSFORD Borough Council has successfully prosecuted two Earls Colne men for their involvement in an illegal rave at Montrose Road, Chelmsford on 20 and 21 April last year.
Mathew Clague and Mathew Moore pleaded guilty at Witham Magistrates Court yesterday, Wednesday 19 February, to the offence of ‘being concerned in the organisation or management of a public entertainment event without a public entertainment licence’. They were each fined £750 and ordered to each pay £750 costs.
Chelmsford Borough Council decided to prosecute after receiving evidence that the conditions in the premises were totally unsafe. Essex Police and Essex Fire and Rescue Service, who went to the warehouse (formerly occupied by A-Z Supplies), found that there was no lighting in the premises, no lit means of escape, no staff to supervise an emergency evacuation and no first aid facilities. In addition, the mezzanine floor, which was in the process of being dismantled, was found to be unbolted and completely free standing.
Chelmsford Borough Council’s Commercial Services Manager, Dawn French said: “We took this action to protect public safety. The event could so easily have ended in disaster. If something had gone wrong, like the mezzanine collapsing, revellers could have been killed.”
Anyone wishing to organise such an event should contact the Council on 01245 606940 so appropriate health and safety guidelines can be followed.
20 February 2003
Ref: 2826
nice one. that is well useful, especially the first points.
whats that it says about open air or religious entertainment? how would you find out if that really applies or whether there is precedent?
how could the police link you to your promotions? i would have thought it would be hard for them to prove that they weren’t put up by an over- zealous fan or a sabateur.
hi use good points let me try and explain how I see it
how could the police link you to your promotions? i would have thought it would be hard for them to prove that they weren’t put up by an over- zealous fan or a sabateur.
it has always been hard for them to link anyone to the promotions if they want to hide which is why they brought in the amendments making rigs equipment owners and entertainers liable. this law is not right but its the law and you have to face that.
whats that it says about open air or religious entertainment? how would you find out if that really applies or whether there is precedent?
there maybe other blags or legalish ways around this law, its my opinion however that we maybe about to face a lot more summonses and it would be better to have less doubt that we are trying to blag so we can have a better chance of putting this behind us, then we can be more adventuress.
we’ve all been there…
after driving around, finally being sure of finding the right road to the party when the OB stop your car to check you all what’s going on
uniform asks random heads random questions… and, not knowing what to say, but fearing that there might be a law being broken somewhere and not wanting to cause any hassle for your friends, you make a story up :bulb:
instead of saying, ” I was invited by X who gave me these directions.”you may feel inclined to hide the name fo your friend and say instead
“we’re just going there ‘cos everyone knows abo tit” :weee:
it’s important that when you throw a [~arty, you let you friends know the nature of it… who is and who isn’t welcome
which is a bit fugged up, really
Was it GL’s suggestion to run charity fund raisers at parties? It made a lot of sense to me, if only to give back some moral righteousness…
Searching google returned some more interesting points:
Public Entertainment Licences
Who needs a public entertainment licence?
You need a public entertainment if you provide live music, singing, karaoke,
dancing, or entertainment for the public, or you run a similar type of event
for private gain.
Special licences are required for sports grounds, cinematographic
performances, stage plays and indoor sporting events.
You do not need a licence for:
– Entertainment provided for members of a private club and their guests.
– Music and singing in premises with an alcohol licence and there are no more than two performers.
– Recorded music or television broadcast in premises with an alcohol licence, but with no dancing.
– Private events such as weddings and birthday parties, as long as you do not charge people to attend.
– Religious meetings where music is incidental to the service.
– Entertainment at fairs.
– Educational events not open to the general public.
– Galleries.
– Premises include buildings, tents and marquees.
Special conditions apply to open air events and you are advised to contact
Environmental Health for further advice.
can someone explain this bit for me???
What the hell is this piece of shit legislation??
WHEN DID WE ASK OUR GOVENMENT TO MAKE CULTURE ILLEGAL??
what would they prefer us do with our time instead? Sit at home and watch tv..or go to the pub, get wasted and have a fight in the street??!!!!
WTF :rant:
Does anyone know the status of VJ’s as far as this law is concerend? Do visuals constitute a ‘performance’ and ar VJ’s seen as part of the party organisers?
This is a sad time for human nature :sick:
good point.i always feel quite safe at freeparties as i doubt the police would know how to treat a projectionist and im sure it would be easy to confuse them. [obviously imstillpart of the rig,withall the solidarity that implies].
this is taken from the document
Guidance issued under section 182 of the Licensing Act 2003 and Guidance to Police Officers on the Operation of Closure Powers in Part 8 of the Licensing Act 2003
and represents official HM Government advice to the Police and other relevant authorities
The entire document is some 181 pages, I have extracted what appears to be the update to legislation that is being mentioned and used against free party crews.
it is very far-reaching, many of the non-rave activities carried out in more positive squats and similar places could be at risk. Those who run unlicensed bars can also get in serious trouble.
This law is in force now. the call for more discretion on all public internet resources is not mere paranoia, it is vital advice that must be heeded by all who wish free parties to continue in any form.
following content UK Crown Copyright / reproduced here under HMSO fair-use rules.
Unauthorised licensable activities
14.4 It is an offence to carry on or attempt to carry on a licensable activity on or from any premises otherwise than under or in accordance with the authorisation provided by a premises licence, a club premises certificate or a temporary event notice meeting the conditions of section 98(2) – (4) ofthe 2003 Act.
14.5 It is also an offence knowingly to allow such an activity to be carried on.
14.6 These offences therefore cover premises that are entirely unlicensed, for example, an unlicensed drinking den or unlicensed film exhibitions; and premises that are licensed for one activity, for example, premises licensed for the sale of alcohol but not for another, for example the provision of regulated entertainment. In addition, the offence refers to an activity carried on otherwise than in accordance with a premises licence, club premises certificate or temporary event notice meeting the conditions of section 98(2) – (4) of the 2003 Act. Accordingly, these offences relate to breaches of the terms and conditions included in such licences, certificates or notices including any relating to hours during which the licensable activities may take place.
14.7 Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence if his only involvement in the provision of the entertainment was that he performed in a play, participated as a sportsman in an indoor sporting event, boxed or wrestled in such an entertainment, performed live music, played recorded music, performed a dance, or did something similar to music and dancing. But it should be noted that if the individual also organised or helped to organise the event, and subject to the defence of due diligence explained below, an offence may be committed notwithstanding the fact that the individual was also a performer.
14.8 The maximum sentence available to a convicting court is high because at its worst these offences could involve circumstances in which the public have been placed in serious danger through the unauthorised sale or supply of alcohol or unregulated entertainment or breach of a licensing condition. However, the offence covers a very wide spectrum of acts or omissions some of which will be considerably less serious than the example cited above. It will be for the convicting court to decide what is an appropriate and proportionate sentence within the maximum provided in the 2003 Act in any individual circumstances.
14.9 Licensing authority enforcement officers should also note section 139 of the 2003 Act which provides a due diligence defence in proceedings against a person for carrying on unauthorised licensable activities. For example, in the case of a manager of premises assured inaccurately by the premises licence holder (his employer) that the premises were licensed for the provision of regulated entertainment such as live music, he may have a defence that he had relied on false information given to him and had taken all reasonable precautions and exercised all due diligence to avoid committing the offence.
Exposing alcohol for unauthorised sale
14.10 It would be an offence to expose alcohol for sale by retail in circumstances where the sale would be a licensable activity requiring the authority of a premises licence, a club premises certificate or temporary event notice without such an authorisation. The effect of this provision is that an offence can be committed in a case where no sale or attempted sale is in fact made. This means that the licensing authority would not have to prove that a sale had been completed. The 2003 Act provides that a court which convicts a person of this offence may order the confiscation of the alcohol in question and its containers, which may then be either destroyed or dealt with as the court orders.
14.11 A due diligence defence is also provided in connection with this offence. Keeping alcohol for unauthorised sale
14.12 It is also an offence to keep alcohol with the intention of selling it by retail or supplying it by or on behalf of a club or to the order of a member of the club where that sale or supply would be an unauthorised licensable activity. The 2003 Act also provides that a court which convicts a person of this offence may order the confiscation of the alcohol in question and its containers, which may then be either destroyed or dealt with as the court orders.
14.13 A due diligence defence is also provided in connection with this offence.
here’s the actual text from the law (direct from HMSO website)
this is an extract from the Licensing Act 2003
| 136 | Unauthorised licensable activities |
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| (2) Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence under this section if his only involvement in the provision of the entertainment is that he- | |
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| (3) Subsection (2) is to be construed in accordance with Part 3 of Schedule 1. | |
| (4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £20,000, or to both. | |
| (5) In this Part “authorisation” means- | |
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oohttp://www.hmso.gov.uk/acts/acts2003/20030017.htm#aofs
license act 2003
to make sence of GL’s posting of a section of the license act 2003 I think you will need this bit
SCHEDULE 1
Section 1
PROVISION OF REGULATED ENTERTAINMENT
PART 1
GENERAL DEFINITIONS
The provision of regulated entertainment1 (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 is, 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 is, 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, to be regarded as provided for consideration only if any charge-(a) is made by or on behalf of-
(i) any person concerned in the organisation or management of that entertainment, or
(ii) any person concerned in the organisation or management of those facilities who is also concerned in the organisation or management of the entertainment within paragraph 3(2) in which those facilities enable persons to take part, 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.(6) For the purposes of sub-paragraph (4)(a), where the entertainment consists of the performance of live music or the playing of recorded music, a person performing or playing the music is not concerned in the organisation or management of the entertainment by reason only that he does one or more of the following-
(a) chooses the music to be performed or played,
(b) determines the manner in which he performs or plays it,
(c) provides any facilities for the purposes of his performance or playing of the music.
(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).
unfortunately the act being used to screw our fellow ravers is the 1982 act, which is not on the net yet.
some freinds of mine are being prosecuted with this act very soon.
does anyone have anyway of getting reliable info on this act or past court cases which have successfully defended against said act.
please, any help is more than appreciated.
unfortunately the act being used to screw our fellow ravers is the 1982 act, which is not on the net yet.
some freinds of mine are being prosecuted with this act very soon.
does anyone have anyway of getting reliable info on this act or past court cases which have successfully defended against said act.
please, any help is more than appreciated.
.
I understand that now but it changes little except its a bit better now http://www.partyvibe.com/vbulletin/showthread.php?t=3400 this should explain it better perhaps you missed it
I photocopied my copy from the library where they have the law books. its not on the net because its before the internet and its not likely to be because its about to be shelved.
not unfortunately, IMO they are lucky that they are being summonsed under the 1982 act not the new Act.
if the party is private, not done for the public, with view to a profit or to lure people to sell booze then the 1982act or the 2003act does not apply.
If you plead NOT GUILTY then they will have to prove it’s a public party before they can move on to proving whether you were involved in the management or organization.
under the old act the (1982act) only organizers, management or those involved with management are liable if the party is public ie: needed a license.
under the new act if a party is public and doesn’t have a license, rigs and entertainment are deemed to be organizers or management automatically, so you see they are better off being charged under the 1982 act.
everyone knows you can set up at a party without being involved in the organization or involved with the management of the party, freeparties have little and sometimes no management at all, anyone who has done a club or Glastonbury for that matter knows that often you have nothing to do with the organization or management.
I get the feeling you are more worried about the 1982 act. If so you might wonder why they have waited 23 years to use it on us if it hadn’t been tested and found too unreliable to prove to use that often, that’s why it has been amended.
my library is shut this afternoon but I’ll nip in there tomorrow and copy the 1982 act and post the relevant bits up here soon as I can
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