Circuses are not mentioned at all in the Act.

There are only two mentions of circuses in the Guidance as follows:

5.44    There is nothing in the 2003 Act which prevents an application being made for a premises licence at premises for which a premises licence is already held. For example, a premises licence authorising the sale of alcohol may be held by one individual and another individual could apply for a premises licence in respect of the same premises or part of those premises which would authorise regulated entertainment. This also ensures that one business could not seek premises licences, for example, for all potential circus sites in England and Wales and thereby prevent other circuses from using those sites even though they had the permission of the landowner. Similarly, there is nothing to stop a temporary event notice being given for a premises in respect of which a premises licence is in force.

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. It would if it included a beer tent. It is the view of the DCMS that it might for one or more individual acts if the act itself was in the quite short list of entertainments that require a licence: Plays, indoor sports, boxing, wrestling, dance and music which is not incidental music.

Why don't DCMS tell us? I don't know. It appears that they would benefit from monitoring and participating in threads like these. But that would require a most remarkable change in mindset for Government.