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The Licensing Act 2003 requires that certain activities are licensed, such as the supply of alcohol and the performance of regulated entertainment. This law might apply to some activities that take place in many Churches and Places of Worship.
Of primary concern is the requirement to have a licence for 'Regulated Entertainment'. This includes (but is not limited to):
- The performance of a play or an exhibition of a film
- A performance of live music or any playing of recorded music
- A performance of dance
- An indoor sporting event or boxing or wrestling entertainment
When any 'regulated entertainment' is performed in the presence of an audience, and for the purpose of entertaining the audience, a licence is required. This means that activities such as film nights, barn dances, choral works and musicals all need a licence.
It does not matter if a fee is charged or if it is for charitable purposes. It does not matter if the event is big or small or aimed at a private audience. The same rules apply for activities organised by a Church or Charity, outside group or an individual.
It is important to realise that religious worship is not covered by this legislation, therefore a premises licence is not required. Additionally, playing music in the background does not need a licence, along with any other 'incidental' music or showing broadcast television (providing it is being shown at the time of broadcast).
Premises Licences
For those premises that are regularly used for Regulated Entertainment, and Premises Licence should be applied for. The licence would cover the regulated entertainment and often the facilities for regulated entertainment. Premises Licences do not expire and are not subject to any reviews, providing there are no complaints made to the police and local authority.
To obtain a licence, an application form is completed and submitted to the local council. Part of the application process requires that a plan is drawn up and submitted to the council. This must show boundaries, exit routes within the building and certain other facilities (such as stage areas).
The fees for licences are usually waived for Churches and Places of Worship, and many other charitable organisations. Further guidance can be sought from your local council and from the Department for Culture, Media and Sport.
Temporary Events Notice
The Temporary Events Notice (TEN) is intended for one-off special events and can be used where a full premises licence is not practical or not necessary. This might be, for example, a one-off film night or barn dance. A TEN might also be needed for Carol Singing in certain places, such as a shopping centre (alongside collecting permits as advised by the council).
Unlike a Premises Licence, the fee of £21 for a TEN is not waived as it is the individual and not the Church or Place of Worship that holds the TEN. In a similar way to a Premises Licence, the TEN is submitted to the council and the police no later than ten days before the event but the paperwork is significantly reduced.
A TEN is usually applied for by the person organising the event, and lasts for that event only (which can last a number of days). One person can hold up to five TENs in one year (unless they hold a licence under the Act). There are also restrictions on the total amount of time that TENs can be used in any one building.
Licensing Principles
There are four principles contained in the legislation. These ensure that organisers of events and holders of licences consider such aspects as Health and Safety and Public Nuisance.
Public safety, the first of the four objectives, can be achieved by following current practice for fire precautions and other aspects of safety. This includes a Risk Assessment that considers the needs of the public. Some additional precautions might be needed, such as internally illuminated exit signs and trained stewards (which will be reflected in the Risk Assessment).
The protection of children from harm is an important consideration especially where content might not be suitable. It is important to restrict entry to plays, films and suchlike, to those who are under age (such as following the age certificate on a film). Children might also be more at risk from physical hazards, and sufficient supervision is necessary.
The prevention of crime and disorder is an important consideration for many events, especially where alcohol is involved. Many events held by Churches and Places of Worship are not likely to be too controversial or incite crime, but this must still be a consideration.
The prevention of public nuisance is a further consideration. Nuisance can be in the form of noise from sound systems, light pollution, odour from refuse or anything else that could affect residents nearby. Car parking is an essential consideration for any special event to prevent any inconvenience and nuisance to those nearby.
Providing that these four objectives are met, there is no reason why a Premises Licence or TEN cannot be obtained.
Copyright
An additional requirement must be to ensure that copyrights are not breached. There might be an agreement with the copyright holder or by a separate licence. For more information on Copyright law as it applies to Churches and Places of Worship, please contact Christian Copyright Licensing (Europe) Ltd.
Additional Information
Further advice on Preemies Licences and Temporary Events Notices is available from Local Authorities and from the Department for Culture, Media and Sport.
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