What is Regulated Entertainment?

In England and Wales, "regulated entertainment" refers to certain types of entertainment activities that require authorisation under the Licensing Act 2003 if they take place on licensed premises. These activities are subject to regulation because they can potentially impact public safety, create public nuisance, or influence the protection of children. Licensing Professionals have compiled this brief guide to 'What is Regulated Entertainment?'.

Types of Regulated Entertainment

The following activities are considered regulated entertainment when performed for an audience and require a premises license, a club premises certificate, or a temporary event notice (TEN):

Live Music
- Performance of Live Music: Any performance of live music, whether amplified or acoustic, is considered regulated entertainment. However, exemptions exist under certain conditions, such as unamplified live music in venues with an audience of fewer than 500 people between 8 AM and 11 PM.
Recorded Music
- Playing of Recorded Music: Playing recorded music to an audience, such as through a sound system, DJ set, or jukebox, is regulated unless exemptions apply (e.g., incidental music that is not the main purpose of the event).
Dance Performances
- Performance of Dance: Any form of dance performance provided for an audience. This can include traditional dance, ballet, or modern dance.
Plays
- Performance of a Play: The performance of any dramatic piece that involves speech, singing, or acting out a story or situation in front of an audience.
Films
- Exhibition of Films: Showing a film or movie to an audience requires licensing, except for private viewings that are not open to the general public.
Indoor Sporting Events
- Sporting Events: Any indoor sporting events, such as boxing, wrestling, or martial arts, where the audience pays to watch or there is a fee to participate.
Boxing and Wrestling
- Boxing or Wrestling Entertainments: Any event involving boxing or wrestling, whether indoors or outdoors, is regulated and requires appropriate licensing.
Theatrical Performances
- Performance of a Theatrical Play: Similar to plays, this includes dramatic performances that are staged with a set, costumes, and actors.
Entertainment Similar to Music or Dance
- Similar to Live/Recorded Music or Dance: This includes activities that are similar to music or dance performances, such as karaoke, if they are performed in front of an audience for entertainment.

Exemptions and Deregulation

Some exemptions and deregulations apply to regulated entertainment, particularly for smaller events or specific types of venues. For example:

Small Venues: Live music in licensed premises with an audience of fewer than 500 people, or recorded music in premises licensed for the sale of alcohol, is generally exempt between 8 AM and 11 PM.
Incidental Music: Background music that is incidental to the main purpose of an event, such as music in a restaurant or pub, may not require a license.
Educational Institutions: Performances by educational institutions for their students and staff are often exempt.
Private Events: Entertainment at a private event where no payment is made by guests and the event is not open to the public typically does not require a license.

Licensing Requirements

To provide regulated entertainment at a licensed premises, you typically need one of the following:

Premises License: This is required for venues that regularly provide regulated entertainment as part of their operations.
Club Premises Certificate: This applies to qualifying clubs that provide entertainment for members and guests.
Temporary Event Notice (TEN): For one-off or occasional events, a TEN allows you to legally provide regulated entertainment without needing a full premises license.

Key Considerations

Noise Control: When providing regulated entertainment, premises must manage noise levels to prevent disturbance to neighboring properties.
Safety Measures: Adequate safety measures, such as crowd control, fire safety, and emergency exits, must be in place.
Compliance with Licensing Conditions: Any conditions attached to the premises license or certificate regarding the provision of entertainment must be strictly followed.