Agenda Item No 5
The Vale of Glamorgan Council
Licensing Committee 12th May 2015
Report of the Director of Visible Services and Housing
For Information Report - The Legislative Reform (Entertainment Licensing) Order 2014
Purpose of the Report
1. Is to inform Members of the commencement of the Legislative Reform (Entertainment Licensing) Order 2014, and to outline the amendments the Order has made to the Licensing Act 2003.
That Members note the content of this report.
Reason for the Recommendation
To advise Members of the changes to the Licensing Act 2003 and the associated changes in the administration of the licensing function.
2. The Legislative Reform (Entertainment Licensing) Order 2014 was approved in December 2014 as part of the on-going programme of deregulation, and came into force on 6th April 2015. The Order amends Schedule 1 and Section 177A of the Licensing Act 2003 to deregulate certain types of entertainment.
Relevant Issues and Options
3. The Legislative Reform (Entertainment Licensing) Order 2014 exempts the following entertainment from licensing, providing it takes place between 8am and 11pm, and is for an audience of up to 500:
Live music in relevant alcohol licensed premises and workplaces.
Recorded music in relevant alcohol licensed premises (not workplaces).
Live and recorded music held by 3rd parties in schools, hospitals, local authority and community premises.
Travelling circuses (no audience limit).
Incidental films (where the film is incidental to another activity which is not itself a description of regulated entertainment, e.g. drinking or eating).
The provision of entertainment by or on behalf of local authorities, health care providers or schools on their own defined premises (no audience limit).
Greco-Roman and freestyle wrestling (audience of 1000).
4. Furthermore the Deregulation Act 2015 (Commencement No. 1 and Transitional and Saving Provisions) Order 2015 has brought into force section 76 of the Deregulation Act 2015 which deregulates the exhibition of films in community premises.
5. The Licensing Act Policy will be amended to reflect the changes.
Resource Implications (Financial and Employment)
6. The current nationally prescribed fees and charges for applications and notices made under the Licensing Act 2003 do not cover the full cost of providing the service. These exemptions will reduce department revenue costs.
Sustainability and Climate Change Implications
Legal Implications (to Include Human Rights Implications)
8. A Licensing Authority can no longer licence the activities outlined in paragraph 2 above and can only carry out its functions under the 2003 Act with a view to promoting the licensing objectives.
Crime and Disorder Implications
9. Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime, disorder and antisocial behaviour implications whilst regulating licensing activities. The Licensing Authority is committed to reducing crime, disorder and antisocial behaviour across the Vale of Glamorgan but will no longer be able to do this in relation to the exemptions in paragraph 2. Reducing crime and the fear of crime is important to the community, especially vulnerable members of the community such as the very young and elderly.
Equal Opportunities Implications (to include Welsh Language issues)
11. To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare. To maintain a fair and equitable trading environment.
Policy Framework and Budget
12. The proposals in this Report are in accordance with the policy framework and budget.
Consultation (including Ward Member Consultation)
Relevant Scrutiny Committee
14. Housing and Public Protection.
Amanda Ewington. Licensing Team Leader 01446 709782
Richard Price, Lawyer, Legal Services 01446 709409
Miles Punter Director of Visible Services and Housing