41 Public entertainment licences.S
(1)A licence, to be known as a “public entertainment licence”, shall be required for the use of premises as a place of public entertainment.
(2)In this section, “place of public entertainment” means any place where, on payment of money or money’s worth, members of the public are admitted or may use any facilities for the purposes of entertainment or recreation but does not include—
(a)an athletic or sports ground while being used as such;
[F1(aa)premises in respect of which a licence is required under section 41A of this Act while such premises are being used for the purposes mentioned in that section;]
(b)an educational establishment while being used as such;
(c)premises belonging to or occupied by any religious body while being used wholly or mainly for purposes connected with that body;
(d)premises licensed under the M1Theatres Act 1968, [F2section 1 of the Cinemas Act 1985] or Part II of the M2Gaming Act 1968;
(e)premises in respect of which there is a permit under section 16 of the M3Lotteries and Amusements Act 1976 while being used in pursuance of the permit;
(f)licensed premises within the meaning of the Licensing (Scotland) Act [F32005 (asp 16)] in which public entertainment is being provided during [F4licensed] hours within the meaning of that Act; or
(g)premises in which machines for entertainment or amusement are being provided incidentally to the main purpose or use of the premises where that main purpose or use is not as a place of public entertainment.
(3)Without prejudice to paragraph 5 of Schedule 1 to this Act, a licensing authority may attach conditions to a public entertainment licence—
(a)restricting the use of the premises to a specified kind or specified kinds of entertainment or recreation;
(b)limiting the number of persons to be admitted to the premises;
(c)fixing the days and times when the premises may be open for the purposes of the entertainment or recreation.
(4)In this section, “educational establishment” has the meaning given by paragraphs (i) and (ii) of the definition of that expression in section 135(1) of the M4Education (Scotland) Act 1980 but includes a university and a theological college.
Textual Amendments
F1S. 41(2)(aa) inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:2), s. 44(5)
F2Words substituted by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(1), Sch. 2 para. 17
F3Words in s. 41(2)(f) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 6 para. 6(2)(a) (with s. 143); S.S.I. 2007/472, art. 3
F4Word in s. 41(2)(f) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 6 para. 6(2)(b) (with s. 143); S.S.I. 2007/472, art. 3
Marginal Citations