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Licensable activities
Find out more about the activities that do and do not require a licence or authorisation under the Licensing Act 2003.

The Licensing Act 2003 establishes a single integrated system for the licensing of premises and individuals involved in licensable activities.

For the purposes of the Act the 'licensable activities' include:

  • The sale by retail of alcohol
  • The supply of alcohol by or on behalf of a club, to or the order of, a member of the club,
  • The provision of regulated entertainment, and
  • The provision of late night refreshment.
Regulated Entertainment

Regulated entertainment is generally taken to include any of the following:-

a) the performance of a play,
b) an exhibition of film(s),
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, and
h) entertainment of a similar description to (e), (f) or (g) above.

Regulated entertainment may also include the provision of facilities for making music or dancing or entertainment of a similar description.

Exemptions

The Licensing Act 2003 makes the following exemptions to the definition of regulated entertainment:-

(1) Exhibition of film(s) is NOT a regulated entertainment if:-
  • The film consists of or forms part of an exhibit put on show for any purpose of a museum or art gallery,
  • The film's sole or main purpose is to demonstrate any product,
  • The film's sole or main purpose is to advertise any goods or services, or
  • The film's sole or main purpose is to provide information, education or instruction.
(2) The performance of live or recorded music is NOT a regulated entertainment if it is incidental to some other activity which is not itself a description of entertainment given above.

(3) The simultaneous reception and playing of a programme on a television or radio receiver is NOT a regulated entertainment.

(4) Entertainment and associated facilities provided at a place of public religious worship or otherwise incidental to a religious meeting or service is NOT a regulated entertainment.

(5) Entertainment and associated facilities provided at a garden fete or other function / event of similar character is NOT a regulated entertainment (unless promoted with a view to applying any part of its proceeds for purposes of private gain).

(6) The performance of morris dancing, dancing of similar nature or a performance of unamplified, live music which is an integral part of such a performance and associated facilities is NOT a regulated entertainment.

(7) Entertainment and associated facilities provided on vehicles in motion is NOT a regulated entertainment.

Late Night Refreshment

Late night refreshment is defined as the provision or supply of hot food or drink between the hours of 23:00pm and 05:00am to any member of the public, on or from any premises, whether for consumption on or off the premises.

Exemptions

(1) The supply of hot food or drink between 23:00pm and 05:00am is NOT late night refreshment, if a person will neither be admitted to the premises, nor be supplied with hot food or drink on or from the premises concerned otherwise than being a member of a recognised club, being a person staying at a particular hotel (or other overnight accommodation) for the night in question, being an employee of a particular employer, being engaged in a particular trade, profession or vocation.

(2) The supply of hot food or drink between 23:00pm and 05:00am is NOT late night refreshment, if it takes place during a period in which the premises are used for a public exhibition or near beer premises.

(3) The following supplies of hot food or drink is NOT late night refreshment, and are exempt supplies:-
  • The supply of hot drink which consists of or contains alcohol,
  • The supply of hot drink by means of a vending machine,
  • The supply of hot food or drink free of charge,
  • The supply of hot food or drink by a registered charity, or person authorised by a registered charity,
  • The supply of hot food or drink on a vehicle in motion.