Guidance for Public Entertainment Licence
Guidance on Applying for a Public Entertainment Licence
Before lodging your application for Public Entertainment Licence please ensure that you have read the following guidance.
When is a Public Entertainment Licence required?
A Public Entertainment Licence is required where Premises are being used to provide Entertainment whether or not there is a charge (money or otherwise) for the Entertainment.
The Licensing Authority has resolved that the following activities constitute Entertainment within the Glasgow City Council boundary:
- Participatory Entertainment
Health, Fitness & Beauty Facilities
Premises offering (i) gymnasium; (ii) sauna; (iii) sunbed; or (iv) massage facilities unless those facilities are being provided for the purpose of medical treatment and such treatment is being provided under the supervision or direction of a registered medical practitioner and provided within a healthcare establishment.
Fairgrounds
Premises providing fairground, theme park or amusement park facilities
Other Premises
- Premises providing facilities for the purposes of Dancing
- Ice Rinks
- Snooker, Billiard or Pool Halls
- Indoor/Outdoor Go-Karting Tracks
- Spectator Entertainment
Performances
Performance of (i) Dance; (ii) Live Music (amplified or unamplified); (iii) Recorded Music; or (iv) a Play taking place to an audience and for the primary purpose of entertaining that audience.
Exhibitions
The public exhibition of an object such as a painting, sculpture, drawing, installation or historic artefact.
Public Shows
Public shows and similar events such as Festivals, Fairs, Sporting Events, Circuses and Firework Displays held primarily for the purpose of providing entertainment.
A Public Entertainment Licence shall not be required for spectator based entertainment events that satisfy all of the following conditions:
a) the event is provided to an audience of less than 500 persons at any one time and the organiser of the event takes appropriate steps to monitor and control capacity during the event; and
b) in planning and delivering the event the organiser takes cognisance of HSG195 - the Health and Safety Executive Event Safety Guide (also known as the Purple Guide) or any further additional or replacement guidance specified by the Licensing Authority; and
c) the organiser carries out a risk assessment of the proposed event and determines that no aspect of the event presents a high risk to the safety of spectators.
The Council's Resolution on Public Entertainment is provided as an appendix to this document and includes definitions of the terms used above.
Are there exemptions to requiring a Public Entertainment Licence?
The Licensing Authority has resolved the following exemptions to the requirement for a Public Entertainment Licence.
- A public entertainment Licence is not required for any form of entertainment taking place within a School Hall or Church Hall.
- A Public Entertainment Licence is not required for any form of "Spectator Entertainment" provided by an employer to their employees in the workplace within the meaning of regulation 2(1) of the Workplace (Health, Safety and Welfare) Regulations 1992.
Section 41 of the Civic Government (Scotland) Act 1982 also provides statutory exemptions to the requirement to hold a licence, the main exemptions are:
- Premises that hold a Premises Licence issued under the Licensing (Scotland) Act 2005 • Athletic and Sports Grounds being used as such
- Premises that hold an Indoor Sports Entertainment Licence
- Educational Establishments being used as such
- Premises belonging to or occupied by any religious body while being used wholly or mainly for purposes connected with that body
- Premises that hold a Theatre or Cinema Licence
Who should apply?
The individual, company or organisation providing the Entertainment should apply for a licence using the application form for Public Entertainment Licence.
If a company or organisation applies for a licence they must provide details of an individual who will be responsible for the day to day management of the premises.
An individual applying for a licence who does not intend to be responsible for the day to day management of the premises can name another individual as their day to day manager.
Potential applicants are advised to take their own independent legal advice if they are in any doubt as to who should be detailed on their application. In particular applicants should note that a day to day manager will be considered a joint licence holder and, should that manager leave during the currency of a licence, there will be implications for the licence.
What are the minimum requirements for applying?
Before you can apply for a Public Entertainment Licence you must meet these minimum requirements:
- Any individual named on the application form must be at least 18 years of age; and
- Any individual named as day to day manager must be able to work legally in the UK.
Are there different types of applications?
Depending on your circumstances you can apply for one of three types of application.
If you do not currently hold a licence with this Council you can apply for the following:
- Grant
If you do not currently hold a licence you can make a Grant application. This type of licence lasts for three years. You will not be licensed to carry on the Entertainment until the licence is granted. - Temporary
You can apply for a temporary licence that lasts for a period of no more than 6 weeks. You will not be licensed to carry on the Entertainment until the licence is granted. If you are lodging a temporary application in respect of an event taking place on a specific date, your application must be lodged no later than 12 weeks prior to the event.
If you currently hold a licence with this Council you can apply to renew the licence before it expires.
- Renewal
Your renewal application must be lodged no later than the expiry date of your current licence. You cannot submit your renewal application more that six months before the expiry of the licence. As long as your renewal is lodged before the expiry of your current licence you can continue to operate whilst the application is being considered.
f you forget to renew your licence or are unable to do so due to unforeseen circumstances you should contact the Licensing Section as soon as you become aware your licence has expired.
How do you apply?
To submit your application to the Licensing Authority, please apply online..
How much is the application fee?
The current application fees are detailed in the Licensing Section Fees and Charges document; the amount you pay is dependent on the duration, the number of spectators admitted to the premises and the nature of the Entertainment. The fee is payable when the application is lodged and is non-refundable.
Completed applications should be emailed to Licensing Section and payment should be transferred by BACS to the following bank account:
Account Name: Glasgow City Council Licensing
Account No. 00116224
Sort Code: 83-44-00
Reference: Licence number (if renewal) or premises /event address
Please note your application will not be processed by the Licensing Section until the fee payment has been made. A list of the fees and charges levied by the Council's Licensing Section can be found on our website.
What documentation needs to accompany the application?
You may need to provide additional documentation dependent on the type of application you are submitting.
Temporary/Grant Application:
- Plan showing the layout of the premises and drawn to a suitable scale (usually 1:100).
- If your grant/temporary application is in relation to an event, an event management plan must be submitted with your application.
Renewal:
No additional documentation is required.
How will the application be processed?
HOW WILL THE APPLICATION BE PROCESSED? A 28 day consultation period begins on receipt of your application. For grant or renewal applications, any person can object to your application during the consultation period. For temporary applications, only the statutory consultees can provide comment.
For grant or renewal applications, on the day your application is lodged, you must display the relevant site notice (included in the application pack) at or near the premises for a period of 21 days. If the notice is taken down or defaced you must take steps to immediately replace the notice. At the end of the 21 days you should remove the notice and return the relevant Certificate or Compliance to the Licensing section to confirm the notice was displayed correctly. If you do not follow this part of the process, your application may be refused. Applicants for temporary licence are not required to display the site notice.
During the consultation period your application will be sent to the following:
Police Scotland
The Police may object or make a representation to the application if they do not consider you or anyone else named on the application to be a 'fit and proper person' to hold a licence. The Police may also charge you with an offence if you have made a false statement on your application form or failed to declare convictions.
Scottish Fire and Rescue
The Fire Authority who will provide the Licensing section with a report.
Building Control
The council's building control and public safety team who will provide the Licensing section with a report. Environment Health The council's environmental health team who will provide the Licensing section with a report. Education A notice of the application will be sent to the Council's Education Service who may make a comment to the application.
Local Councillors and Community Council
A notice of the application will be sent to the local Councillors and Community Council for the premises. The notice will provide details of the application and advise them of the last date for making an objection or representation.
Once the consultation responses are received, we will review your application.
If no adverse comments have been received, your certificate of compliance confirming display of the site notice has been returned and there are no other issues with your application, then it will be considered 'straightforward' and placed on a list of applications to be granted. We will then contact you, in writing, once the application has been granted.
If there is a problem with the application such as a police objection we will refer the application to a meeting of the Licensing and Regulatory Committee for a decision. If this happens you will receive an email or letter requesting your attendance at the meeting and explaining the reasons why your application is being called before Committee. Although you are not legally required to attend it is recommended that you do so. We will contact you, in writing, after the meeting to advise you of the Committee's decision.
Applications for temporary licence are processed in a similar manner with the following differences:
- the consultation period can be less than 28 days;
- the members of the public cannot object or make representation to the application;
- there is no requirement to display a public notice at the premises;
- applications for events such as 'pop concerts' will also be passed to the Council's Resilience team and to the Scottish Ambulance Service for comment; and
- applications for events with audience in excess of 5000 spectators will be subject to a multi-agency approach. If you have not previously held an event in Glasgow for over 5000 spectators you should contact the Licensing Section directly before submitting this application.
How long will it take?
The Council is allowed nine months to consider your application but we aim to deal with all applications as soon as possible. It normally takes about 3 to 4 months to deal with most applications.
Applications which are not straightforward (e.g. Police Scotland object to the application) have to be referred to the Licensing and Regulatory Committee and normally take 4 to 6 months to process. This is due to the volume of applications that the Committee can consider at each meeting.
If you apply for a Temporary licence we will aim to process the application as quickly as possible but the application is still subject to the statutory process set out in section 8. If your application is for an event taking place on a specific date you should aim to submit the application as early as possible.
What happens after my application is granted?
You will receive a letter or email advising that your application has been granted. The letter will include your licence and explain any conditions or requirements you are subject to - for example the licence may have been granted subject to your compliance with Environmental Health conditions.
What happens if my applicaion is refused?
You will receive a letter advising that your application has been refused. You have the right to appeal the decision at Glasgow Sheriff Court (unless your application was for a temporary licence).
An applicant wishing to appeal normally requires to first obtain a written Statement of Reasons for the decision. This can be obtained on written request to the Licensing Section within 28 days of the decision. The Council will give written reasons for its decision within 10 days of being requested to do so.
The Council cannot provide guidance on making an appeal; if guidance is required you should consider taking your own independent legal advice or, alternatively, you can contact the Sheriff Clerk at Glasgow Sheriff Court, 1 Carlton Place, Glasgow, G5 9DA.
Are there conditions attached to the Licence?
There are standard conditions attached to all Public Entertainment Licences. A copy of these conditions is provided with this guidance. As a licence holder you will be expected to comply with every condition. Failure to do so could result in the Council suspending your licence.
Links
Frequently Asked Questions (FAQs)
- Am I guaranteed to be refused becausebI have certain convictions?
No. The fact that you have certain convictions does not prevent you applying nor does it guarantee that you will be refused. Every application is considered on its own merit. - My licence expires on a weekend or public holdiay what should I do?
Your licence ceases to have effect unless you lodge a renewal application on or before the expiry date shown on your licence. This applies even if the expiry date shown on the licence is a weekend or a public holiday such as 31 December. If you find yourself in this situation, ensure you submit your application to Licensing Section, at the latest, on the last working day prior to the licence expiry.
A note of our Public Holidays is on display at the Licensing Section's office or available from the Council's website.
Further Information
If you have any further questions about the application process the Council's Licensing Team will be happy to assist you. Please note that whilst the Licensing Team can provide guidance, the team cannot offer you legal advice.
You can contact us by Email.
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