Public entertainment

Application

The Council is responsible for the processing of all licence applications including public entertainment licences.

It is advisable to submit your application as early as possible before your event. 

For ALL PEL applications, the Council require the completed application at least 12 weeks in advance of the event. Applications submitted within the 12 week period must be accompanied by a letter of good reason detailing why the application is late and why it should be accepted. In such cases the decision to accept a late application is one made at the discretion of the Chief Solicitor and Monitoring Officer exercising powers delegated under the Council's Scheme of Administration.

The Council has no discretion to accept late applications that do not allow for a clear 28-day statutory consultation period before the proposed event.

 

Licence summary 

The types of premises in respect of which a public entertainment licence is required are specified at paragraph 3 of the Council’s Notice of Resolution (see below).  If you are unsure as to whether you require a public entertainment licence please contact the Licensing Team by email or by telephoning Customer Services 0300 123 4510 for more details.

Applications for a public entertainment licence are subject to a fee and should be made in writing on the relevant form. Applications must be signed by the applicant or their agent.

Apply for a Public Entertainment Licence

If your application will last six weeks or less an application for a temporary public entertainment licence can be made.  However, please note that temporary events will nevertheless require a full application to be made where they also require to be advertised in the press (see below for more details).  The requirements in respect of a full application will require to be complied with in such instances and the fee for a full application will be payable.

There are three ways of applying:

  • download an application form from the document tab on the right-hand side of this page and submit to the address shown
  • obtain an application form by contacting the Licensing Team by email or telephoning Customer Services 0300 123 4510 and submit to the address shown
  • apply online Application for a Public Entertainment Licence

Payment Details

  • £234 per year for a full application
  • £44.72 for a temporary application

Will Tacit Consent Apply

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the 6 month period permitted for final determination of the application.

Apply for a Site Notice

If you require to make an application for a full public entertainment licence you must also display a Site Notice detailing your application, in a public place at or near the premises for 21 days from the date the application is submitted.  The Notice must contain details relating to the application, where objections and representations can be made and how the objections and representations can be made.  A Site Notice can be downloaded from the document tab on the right-hand side of this page and can also be obtained by contacting the Licensing Team by email or by telephoning Customer Services 0300 123 4510. 

A Site Notice is not required for a temporary public entertainment licence, unless it also requires to be advertised in the press (see below).

If you are required to display a Site Notice you must also provide the Council with a Certificate of Compliance after the expiry of the 21 day period, confirming that you have complied with the requirement. A Certificate of Compliance can be downloaded from the document tab on the right-hand side of this page and can also be obtained by contacting the Licensing Team by email or by telephoning Customer Services 0300 123 4510. 

Certain Applications to be Advertised

The licensing authority will advertise the following types of applications in local newspapers in order to give the public notice of the proposed event:

  • Applications for a permanent public entertainment licence
  • Applications for funfairs lasting more than one day
  • Applications for large events (please contact the Licensing Team by email or by telephoning Customer Services 0300 123 4510 for more details)

Regulation Summary

Application Evaluation Process

The licensing authority will send a copy of the application to the local Chief Constable and other relevant consultees.

The licensing authority will give notice to the public in local newspapers of every permanent application and every application for a large funfair or event (please contact the Licensing Team by email or by telephoning Customer Services 0300 123 4510 for more details).

The licensing authority will then consider the application along with any objections or representations which may have been received.

Right of Appeal 

There is a right of appeal in respect of applications for a full public entertainment licence.  If you wish to appeal against a decision of the licensing authority you may do so to the local sheriff within 28 days of the decision. The sheriff can only uphold an appeal if they consider that the licensing authority:

  • erred in law
  • used incorrect material fact when making their decision
  • acted contrary to natural justice
  • didn't exercise their discretion in a reasonable manner

Appeals against a sheriff's decision can be made to the Court of Session within 28 days of the decision.

Please note that there is no right of appeal against the decision of a licensing authority in relation to a temporary public entertainment licence.

Consumer Complaint    

If you wish to make any objection or representation in relation to an application this must be in writing.

If you wish to appeal against a decision and you are a valid objector, you may do so to the local sheriff within 28 days of the decision. The sheriff can only uphold an appeal if they consider that the licensing authority:

  • erred in law
  • used incorrect material fact when making their decision
  • acted contrary to natural justice
  • didn't exercise their discretion in a reasonable manner

Appeals against a sheriff's decision can be made to the Court of Session within 28 days of the decision.

Notice of Resolution: Public Entertainment Licensing

PUBLIC NOTICE
PUBLIC ENTERTAINMENT LICENCE

Notice is hereby given that on 9 May 2019 the East Dunbartonshire Council, by virtue of the powers available under Section 9 of the Civic Government (Scotland) Act 1982, made the undernoted Resolution to vary the requirement for when a Public Entertainment Licence will be required within East Dunbartonshire in the circumstances specified in the Resolution. The Resolution will have effect from 10 February 2020.

CIVIC GOVERNMENT (SCOTLAND) ACT 1982, SECTIONS 9 AND 41 NOTICE OF RESOLUTION: PUBLIC ENTERTAINMENT LICENCE

East Dunbartonshire Council, by virtue of the powers conferred on it by Section 9 of the Civic Government (Scotland) Act 1982, HEREBY RESOLVES, that with effect from 10 February 2020, the requirement for a Public Entertainment Licence within the Council’s area shall be varied so as to apply to the following types of premises and in the circumstances as specified in this Resolution.

RESOLUTION
Public Entertainment Licence – What is Required?

A Public Entertainment Licence is required for the use of premises as a place of public entertainment. This means any place where members of the public are admitted or may use any facilities for the purposes of entertainment or recreation of any of the following types:

(a) Concerts, plays, musical performances (whether live or recorded), dance performances, other performances, lectures, talks, festivals, dances, discos, raves and other such events whether indoor or open air; *
(b) Sporting events unless if held at an athletic or sporting ground which are intended for that specific type of event;*
(c) Fetes, gala days and similar events;*
(d) Fairgrounds or pleasure parks;
(e) Highland games and agricultural shows;*
(f) Shows or exhibitions;*
(g) Circuses;
(h) Exhibitions of performing animals;
(i) Fireworks and bonfire displays;
(j) Billiards, snooker, pool and other games;*
(k) Indoor bowling;*
(l) Paintball games, laser or war gaming and other laser displays;
(m) Sunbeds, saunas, health clubs or gymnasia;
(n) Indoor and outdoor go-karting;
(o) Indoor skating rinks (including facilities for indoor roller skating and skateboarding) and ice rinks.*
(p) Activities involving shooting, including but not limited to shooting ranges, archery or clay pigeon shooting;
(q) Fisheries;*
(r) Children’s play centres;*
(s) Trampolining; and
(t) Indoor climbing.

If you intend to carry on any of these activities then you are required to apply for a public entertainment licence in advance of doing so. It is an offence under Section 7(1) of the Civic Government (Scotland) Act 1982 to use a premises for public entertainment without a licence.

A public entertainment licence may not be required if the premises are already licensed under a different licensing regime. If you are in doubt about which regime applies you should contact the Council’s licensing team for advice.

Exceptions

The Council is keen to ensure that a public entertainment licence is only required where necessary and that the licensing regime does not unduly impact upon events organised at a community level unless for events where this is appropriate.

For the events or activities which are followed by a * above only, a Public Entertainment Licence is not required where ALL of the criteria (numbered 1-4 inclusive) below are met:

1. The event or activity is organised and held by any charity, religious, community, youth, sporting, or other non-commercial group; AND
2. The event or activity is provided to an audience of fewer than 300 persons at any one time and the organiser of the event has in place and operates appropriate steps to monitor and control attendance during the event so that attendance does not exceed 300; AND
3. The event or activity is not commercial in nature and any charge for entry of money, money’s worth or by donation is solely for the purpose of fundraising; AND
4. The event or activity does not involve the use of temporary raised structures, mechanical amusement rides, inflatable structures, or temporary enclosed or semi enclosed structures such as tents and marquees excepting gazeebos which do not exceed the size of 3 meters by 6 metres.

If you are in doubt whether an exemption applies you should contact the Council’s Licensing Team for advice.

FURTHER INFORMATION
The following information should be noted:-

Although this Resolution, which applies to the whole of the Council area, does not come into force until 10 February 2020, the current arrangements in place for public
entertainment licensing will remain in effect for events held or activities carried out until that date.

Where a public entertainment licence is not currently required but will be required from 10 February 2020, applications for licences in respect of those premises will be considered by the Council after the expiry of one month from the date of the Resolution.

With effect from 10 February 2020, and subject to the exemptions specified in the Resolution, it will be an offence under section 7(1) of the Civic Government (Scotland) Act 1982 to use any of the types of premises detailed above as a place of public entertainment or to carry out any of the activities detailed above without a Public Entertainment Licence.

If you are unsure as to whether the activity you want to undertake or the premises in which the activity will be undertaken requires a Public Entertainment Licence, you should contact the Council’s Licensing Team.

 

Public Entertainment Licensing
East Dunbartonshire Council
12 Strathkelvin Place
Kirkintilloch
G66 1TJ