West Lothian Council delivers

Licences - Public Entertainment

 

Licences - Public Entertainment
  
Public Entertainment

The licensing of public entertainment is an optional scheme under Section 41 of the Civic Government (Scotland) Act 1982. West Lothian Council passed a resolution to license public entertainment within West Lothian in 1983 and a revised resolution on 20 March 2012 (a copy the revised resolution can be viewed below).

With effect from 1 April 2012 the legislation governing public entertainment licensing changed. As from that date free events falling within the definition below require to be licensed unless one of the listed exceptions applies. A criminal offence is committed by the organiser of an unlicensed event if it required to be licensed.  The maximum penalty is a fine not exceeding £20,000 or 6 months imprisonment.

Definition of public entertainment ?

A Public Entertainment Licence is required for the use of premises or land within West Lothian where members of the public are admitted or may use any facilities for the purposes or entertainment or recreation of the following kinds:

• Public dance halls including disco dancing establishments
  
• Premises with mechanical rides or simulators intended for entertainment or  amusement unless the rides are for the exclusive use of children under the age  of five whilst supervised by an adult
• Circuses
• Exhibition of persons or performing animals
• Fun fairs, including merry-go-rounds, roundabouts, swings, switchback       railways, skittle alleys, coconut shies, hooplas, shooting galleries, mechanical  riding, driving or boating apparatus, or anything similar to any of the foregoing
• Indoor or open air music concerts involving the erection of temporary raised structures
• Open air music concerts where in excess of 250 persons are present
• Clay pigeon shooting
• Paintball
• Sports or activities involving the transportation or propulsion of persons whether by mechanical or other means including gravity
• Any exhibition to which the Hypnotism Act 1952 applies
• Any activity involving inflatable structures
• Any activity involving shooting
• Archery
• Indoor play areas for children
• Wrestling
• Cage fighting
• Mechanical bowling alleys
• Premises used for laser displays or laser games
• Firework displays or bonfires
• Adult entertainment - defined as ?any form of entertainment which involves a  person performing an act of an erotic or sexually explicit nature, and is   provided wholly or mainly for the sexual gratification or titillation of the audience
   
  The legislation provides a number of exceptions

 

• an athletic or sports ground while being used as such;
• premises in respect of which an indoor sports entertainment licence under section 41A of the Civic Government (Scotland) Act 1982 is required while such premises are being used for the purpose mentioned in that section;
• an educational establishment while being used as such;
• premises belonging to or occupied by any religious body while being used wholly or mainly for purposes connected with that body;
• premises licensed under the Theatres Act 1968, the Cinemas Act 1985 or the Gambling Act 2005;
• licensed premises within the meaning of the Licensing (Scotland) Act 2005 in which public entertainment is being provided during the licensed hours within the meaning of that Act; or
• premises in which machines for entertainment or amusement are being provided incidentally to the main purpose or use of the premises where that main purpose or use is not as a place of public entertainment.

Public Entertainment Licences are normally granted for a period of one year. A temporary licence for a specific event can be granted for a maximum period of up to six weeks.

Any person who requires a public entertainment licence for a particular event must submit an application on the appropriate form (see below) along with the correct fee to West Lothian Connected, 16a Almondvale Shopping Centre, Livingston as soon as the event is organised and at least 35 days prior to that event to allow the application to be processed. Please see the guidance notes attached to the form regarding the arrangements for submission of the application forms. Note: Where less than 35 days notice is given the council will not process the application and any fee paid will be refunded.

Fees for a licence application and renewal received before 1 April 2013:

• Initial Grant (1 Year) = £114.00
• Renewal (1 Year) = £85.00
• Temporary = £79.00

Fees for a licence application and renewal received after 1 April 2013:

• Initial Grant (1 Year) = £117.99
• Renewal (1 Year) = £87.98
• Temporary = £81.77

Indoor sport entertainment

An Indoor Sports Entertainment Licence is required for the use of premises in West Lothian as a place of public sports entertainment.

A licence is not needed for any occasion on which the entertainment of the public by sport is not the principal purpose for which the premises are used as long as the premises are not a sports complex. If the premises are a sports complex then a licence is needed. 

"Premises" means any permanent or temporary building and any tent or inflatable structure and includes a part of the building where the building is a sports complex but does not include a part of any other building.

"Sports Complex" means a building - which provides accommodation and facilities for both those engaging in sport and spectators, and the parts of which are so arranged that one or more sport can be engaged simultaneously in different parts of the building.

"Public sports entertainment" means any sporting event to which the public are invited as spectators. "Sporting Event" means any contest, exhibition or display of any sport. 

" Sport" includes any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for the purposes of competition or display, except dancing (in any form).

Fees for a licence application and renewal received before 1 April 2013:

• Initial Grant (1 Year) = £114.00
• Renewal (1 Year) = £85.00
• Temporary = £79.00

Fees for a licence application and renewal recieved after 1 April 2013:

• Initial Grant (1 Year) = £117.99
• Renewal (1 Year) = £87.98
• Temporary = £81.77

Fireworks Dipensation

A dispensation must be obtained if you wish to use fireworks between the hours of 23.00 and 7.00, except on permitted fireworks nights around 5 November, New Year, Chinese New Year and Diwali.

A dispensation may only be granted to a person employed by. or in business as a professional organiser or operator of fireworks display.
An application must be recieved not later than 6 weeks prior to the proposed firework display.

The person intending to use fireworks out with the permitted hours must apply. The application must be recieved not later than 6 weeks prior to the propsed fireworks display.
There is no charge or fee for this application.
You can APPLY ONLINE (new window) or you can download an application form below.

Application forms and information on fees are available at the bottom of this page. Further information or general guidance is available from the Licensing Team by email or phone (see above, please leave a message if you are diverted to our voicemail and your call will be returned ) but be please be aware that the Team are not able to provide applicants with legal advice.

Updated 17/04/13