Public Entertainment Licence
Public Entertainment Licence
West Lothian Council operates a public entertainment licensing scheme (which includes firework displays) which is administered by the Council's Licensing Team. The Team are able to provide general guidance on the scheme but cannot assist you to complete your application form or provide legal advice on whether a licence is required.
The law provides that where a public entertainment scheme is in operation a licence is required for the use of premises as a place of public entertainment.
If you are in doubt as to whether a licence is required you should ask yourself the following 3 questions -
- Are the public being admitted to premises (including land) or allowed to use any facilities for the purposes of public entertainment?
- Is the type of entertainment offered included in the list of types of entertainment which requires a licence in West Lothian?
- Does one of the statutory exemptions apply?
You should seek legal advice from a solicitor or advice centre if you are unsure as to whether you require a licence.
A place of public entertainment is defined in section 42 of the Civic Government (Scotland) Act 1982 as "any place where, members of the public are admitted or may use any facilities for the purposes of public entertainment".
Please note that the definition was amended in 2012 to remove any reference to the payment of money so that events which are free to enter now require to be licensed.
The types of entertainment which require to be licensed differs from area to area. West Lothian Council resolved in 2012 that public entertainment licences are 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
- 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
- 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
- Indoor play areas for children
- Cage fighting
- Mechanical bowling alleys
- Premises used for laser displays or laser games
- Firework displays or bonfires (NB a firework dispensation may also be required )
- 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"
Please note that the following types of entertainment/premises do not need a public entertainment licence
- Health Clubs
- Billiard, Snooker or Pool Halls
- Concert Halls
- Massage Parlours
Any other activities which take place in the premises do not require to be listed in the application form. When listing the types of public entertainment on the form please refer to the list above.
- 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;
- premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005 has effect in which public entertainment is being provided during licensed hours within the meaning of that Act (for the avoidance of doubt premises operating under an occasional licence are no longer exempt); 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.
If you want to apply for a licence you must submit an application form along with the required documents and the appropriate fee.
Application forms which have guidance notes attached to them and a list of fees are available from the Related Documents section of this page. You should read the guidance notes carefully before completing your application form.
There are two separate application forms. One is for persons applying for a licence as an individual and the other is to be completed by applicants who are companies, partnership or organisations.
If you wish a temporary licence for a particular event your application should preferably be made at least 4 months before the event to allow time for the application to be processed. More notice will be required for events attracting large number of people. Applications must be received at least 35 days in advance of the date of the event.
All applications are copied to the Council's advisors who can recommend that conditions in addition to the standard conditions detailed on this page are attached to the licence when granted. If you do not want to accept any recommended conditions then the application would be referred to the Licensing Committee for a decision to be made regarding which conditions will apply to your licence. Mandatory background checks will be carried out on all applicants by Police Scotland and applicants' details will be retained on computer. You will be contacted once vetting is complete.
We have nine months in which to make a decision regarding your application however the majority of applications are determined within 60 days and applications which do not attract any adverse comments or objections are granted by the Chief Solicitor under delegated powers.
All other applications require to be referred to the Licensing Committee for a decision to be made to grant or refuse your application. You will be advised if your application is being referred to the Licensing Committee. The Committee meets on a monthly basis and you will be sent notice of the date and time of the meeting at which your application is to be considered along with a copy of the report on your application. Meetings are held in the West Lothian Civic Centre and you or your representative will be given the opportunity to explain to the committee at the meeting why you consider your application should be granted
If your application is refused by the Licensing Committee you may have a right of appeal against that decision and can request a written statement of reasons in relation to the decision from the Licensing Team, this must be done within 10 days of the date your application was refused. Appeals against decisions can be made to Livingston Sheriff Court, information regarding the Sheriff Court is available from the Scottish Courts website and you should consult your own legal representative should you wish further information on how to appeal.
Applications for permanent licences are granted for 1 year. Alternatively if your application is for a temporary licence, the licence will be granted for the duration you requested and can be from one day and for no longer than six weeks.
If you are a current licence holder and wish to vary the types of public entertainment listed in your licence or the conditions of your licence you need to make a variation application using the Application to Vary Activities or Conditions [244kb] form and pay an administration fee. Please note that a separate application must be made for each licence which you wish to be varied. See the list of fees in the Related Documents section of this page.
Once your application form and fee are received a copy of your application will be sent to the Council's advisors for their comments. If there are no adverse comments received from advisors the licence can be varied by the Chief Solicitor using delegated powers.
However if any adverse comments are received the application would then need to be referred to the next suitable Licensing Committee for a decision to be taken. If your application needs to go to the committee the whole process may take three to four months depending on how long it takes for the advisors to respond. If your variation application is referred to committee you will be invited to attend the meeting to explain to the committee why you consider your application should be granted.
The following list contains details of licences for premises which have permanent public entertainment licences. These licences are granted for one year with the licences continuing in effect once an application to renew the licence is granted. The list is updated regularly and at least every 12 weeks and gives details of the name of the licence holder and premises address. For the avoidance of doubt this is the only information available to members of the public.
The Licensing Team also issue temporary public entertainment licences, these can last from one day and for no longer than six weeks. If you need further information on current temporary public entertainment licences you can contact the licensing team
Complaints regarding licence holders may be made to the Licensing Team. These should be made in writing by email or letter providing full details of the nature of the complaint.
Complaints regarding unlicensed events should be made to Police Scotland by calling 101.
The Scottish Government has published guidance on public entertainment licences in respect of funfairs you may find this a useful document to consult when applying for a licence Guidance on Funfairs [146kb]