The Mudcat Café TM
Thread #126147   Message #2863163
Posted By: GUEST,The Shambles
13-Mar-10 - 03:16 AM
Thread Name: Licensing consultation announced!
Subject: RE: Licensing consultation announced!
In the second, the room is specifically set up to enable dancing to take place and so does add something to enabling the activity itself to take place. Whether the alleged facility is provided on a regular basis or not does not seem to us to be relevant. It is the nature of the thing itself, not how often it is provided, that determines whether it is an "entertainment facility" or not. Schedule 1 does not contain anything that allows one to characterise (or decline to characterise) something as an entertainment facility on the basis of how frequently it is used. The Guidance does not contradict this.

As it is exempt when taking place inside or out, any performance of Morris dancing taking place on the floor of a premises is an activity that is exempt, along with any associated Entertainment facilities that are provided to enable it. But any other dancing taking place on the same floor would need licensing as this would be then be considered to be provided for the purposes of the public entertaining themselves in music and dancing.

It is unclear when a provided floor become a dance floor? The pretty obvious answer is when the public are dancing on it. Although spontaneous music and dancing is said, in the S 182 Guidance, not to be licensable.