The Law Relating To The Provision Of Entertainment

Under the new licensing system, the premises licence covers the provision of regulated entertainment. This replaces the old procedure of applying for a separate public entertainment licence. A pub providing this type of entertainment must have this incorporated into its operating statement. This would have been submitted with the original premises licence application and can only be varied through a formal application for variation.

Regulated entertainment covers the provision of entertainment or of entertainment facilities. Entertainment includes:

• live music;
• any playing of recorded music;
• performance of dance;
• indoor sporting events;
• boxing or wrestling events;
• showing of films;
• any entertainment of a similar description to live music, recorded music or dance.

‘Entertainment facilities’ are facilities enabling people to take part in entertainment. This includes:

• making music;
• dancing;
• entertainment of a similar description to making music or dancing.

An example of an entertainment facility is a dance floor.

Live broadcast entertainment, for example showing broadcast TV, is exempt from the regulations. Playing recorded music that is incidental to other activities, for example a jukebox, would also be excluded. However, having a jukebox where a dance floor is also provided would fall within the requirements. A disc jockey would be regarded as regulated entertainment too. Pub games like darts and pool would not normally need to be authorised, unless played for the entertainment of an audience. Exhibition darts matches or championships staged for spectators would be considered regulated entertainment.

The consequence of not obtaining a licence to cover regulated entertainment, and being convicted, is a fine of up to £ 20,000 or imprisonment of up to 6 months.

The Law Relating To Children In Public Houses

The Licensing Act 2003 updates the law relating to children in pubs. The new law aims at closing the loopholes and inadequacies of previous legislation, while allowing under-18s access into licensed premises in a safe, family-friendly way.

The legal drinking age remains 18 years of age. The only exception is that 16- and 17-year-olds can drink beer, wine or cider with a table meal while being accompanied by an adult (a person aged 18 or over).

Under the Licensing Act 2003, it is an offence to:

• Allow children under 16 on relevant premises that are used exclusively or primarily for the supply of alcohol, if they are not accompanied by an adult (and the premises are open for the sale of alcohol).
• Allow an unaccompanied child under 16 to be on relevant premises between the hours of midnight and 5am, when the premises are open for the supply and consumption of alcohol.

Other offences under the Licensing Act 2003 include:

• Purchasing or attempting to purchase alcohol for consumption by a child (with the exception of purchasing beer, wine or cider as part of a table meal).
• Buying or attempting to buy alcohol by a child.

The prohibitions on unaccompanied children aged under 16 also extend to beer gardens and outside terraces, and not just the bar area.

Where a publican is found to have committed an offence of selling alcohol to children, they may have a defence if they believed that the purchaser was 18 or over and they took all reasonable steps to establish the purchaser’s age, or that nobody could reasonably have suspected from the purchaser’s appearance that they were under 18. A second defence would be where the purchaser looked exceptionally old for his age.

A reliable proof of age card can make the job of checking a young customer’s age easier. The Government supports the PASS (Proof of Age Standards Scheme), which approves and accredits proof of age schemes in the UK. It is backed by major retailers and representatives of the licensed trade and its continued promotion and development is encouraged.