This is our council's view.

4. Public Entertainment Licensing
4.1 This Council is the Authority responsible for licensing public entertainment within the district of Weymouth and Portland. Members will be aware that the Government published a white paper last year proposing major review of licensing legislation. The current law however as regards the licensing of public entertainment is contained in the Local Government (Miscellaneous Provisions) Act 1982 Section 1 and Schedule 1.

4.2 It is it a requirements of the Act that public entertainment shall not be provided in any place except in accordance with a PEL issued by the Local Authority. The Act allows Authorities to grant Licenses subject to conditions and restrictions relating to the premises. In this Authority standard conditions are attached to PELs to promote public safety, public health and public order.

4.3 "Entertainment" is defined in the Act as "public dancing or music or any other entertainment of a like kind".

4.4 Exemptions from the need to obtain a Licence are contained in Section 182 of the Licensing Act 1964 including an exemption where the public entertainment is provided by not more than two performers.

4.5 Historically the Courts have determined that a licence is required not just where music is provided by paid performers to entertain the public but where members of the public themselves participate in music making. It has also been established that whether or not a fee is charged for admission to the performance is immaterial to the requirement for a Licence.

4.6Although these decisions date back to the 18th and 19th centuries they can be relied upon in interpreting current legislation since these points do not appear to have been tested by the Courts in recent times.