7.76 In the case of circuses and fairgrounds, much will depend on the content of any entertainment presented. For example, at fairgrounds, a good deal of the musical entertainment may be incidental to the main attractions and rides at the fair which are not themselves regulated entertainment.
However, in the case of a circus, music and dancing are likely to be main attractions themselves (and would be regulated entertainment) amidst a range of other activities which are not all regulated entertainment.

From the above it is clear that circus as an art form does not require a licence.

No Richard - from my reading of the guidance (above) - it would seem to be very clear that the DCMS consider that the main attractions of a circus would be regulated entertainment and as a result, the circus does require a licence.

However, I am not sure if the words of the Act support this? Or their rather strange idea that the main attraction of a circus is ever 'likely to be' music and dancing?


As for the playing of recorded music in travelling fairs being 'incidental' and exempt. The DCMS have not heard the volume at which some of this so-called incidental music is now played. Locally we have a traditional fair which takes place once a year in the street, right next to the houses. Now this may have been OK when it was about the buying and selling of animals and the hiring of workers but not to have dodgems and other rides, a matter of feet from your front door. The poor residents feel that they have to just put up with this and in particular with the volume of the music - as it is part of the fair and charter.

Now under current legislation, if I were to set up a rock band to play live in the same street - the residents would complain and the LA would insist on a PEL (and conditions). I know this to be true as it has happened.

The same would no doubt happen under the Act but would be exempt if incidental to a fairground ride - no matter how loud (according to the words of the Act).