Clackmannanshire Council Online

Licence - Public Entertainment

Licence - Public Entertainment

Licence summary

You need a licence from Clackmannanshire Council for the use of premises as a place of public entertainment. This is a place where the public are admitted or may use the facilities for entertainment or recreation.

The following places are not places of public entertainment requiring a public entertainment licence in the circumstances specified:

• an athletic or sports ground being used for sports or athletic purposes (either indoor or outdoor);


• an educational establishment being used for educational purposes;


• a religious body's premises when being used for that body's purposes;


• a licensed theatre, cinema or gambling premises;


• alcohol licensed premises where public entertainment is being provided during licensed hours;


• a travelling fair or an unlicensed family entertainment centre

The licensing authority may impose conditions including conditions restricting the use of the premises to a specified kind or kinds of entertainment or recreation; limiting the number of persons to be admitted to the premises; fixing the days and times when the premises may be open for entertainment/recreation.

Due to changes in legislation, reference to the payment of money or money's worth is no longer contained within the legislation, therefore free events falling into the categories below are required to be licensed.

The licensing authority has resolved that the following places require to be licensed:

Halls/Dance Halls; Discotheques; Clubs; Barns/Agricultural Premises; Marquees/Temporary Buildings; Bowling/Skating Rinks; Billiard/Snooker Halls; Swimming Pools; Warehouses; Indoor Shopping Centres/Malls; Factories/Industrial Premises; Parks/Open Spaces; Fields/Farmlands; Athletics/Sports Grounds (not being used for those purposes); Schools (when not being used for educational purposes); Church Premises (when not being used for religious services); Amusement Arcades (when not being used as Amusement Arcades); Bridges/Aquaducts/Overpasses; Street/Roads and Carparks.

An entertainment of the following types requires a licence:

Disco/Dances; Concerts; Displays (including bonfires and fireworks); Demonstrations; Billiards/Snooker; Sporting Events; Fun Fairs; Circuses; Bowling/Skating; Swimming; Paint Ball/War Games; Bungee Jumping; Motor Cycle Scrambling or Go Karting.

A non-renewable temporary licence of up to 6 weeks' duration can be applied for occasional events. No public notice requires to be displayed, no objections or representations can be made and a simplified procedure applies. The licensing authority will consult with relevant Council services, the Chief Constable and, where the entertainment will be wholly or mainly carried on in premises, the Fire and Rescue Authority. The licensing authority may impose conditions. There is no appeal.

Until such time as the review is completed and the website updated, prospective applicants should be aware that a licence should be applied for prior to the event should it fall within one of the categories above. It is a criminal offence to carry out licensed activities without the relevant licence in place, which carries a maximum fine of £20,000 and/or up to 6 months imprisonment. If you are in any doubt as to whether a licence is required, you should contact the Licensing team via email at licensing@clacks.gov.uk.

Apply and pay

The fee for a temporary licence is £126.00.

The application fee for a three year licence is £250.00.

Applications can be made by:

• email to: licensing@clacks.gov.uk
  
• by post to: Clackmannanshire Council, Licensing Team, Kilncraigs, Greenside St, Alloa, FK10 1EB
  

Payment can be made at the Speirs Centre or online via our Pay It page.

Eligibility Criteria

If the application is for public entertainment that will be mainly or wholly on the premises you must display a public 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.
If you are required to place a notice you must supply the licensing authority with a certificate confirming you have complied with the requirement.

Regulation Summary

A summary of the eligibility criteria for this licence

Application Evaluation Process

The licensing authority will send a copy of the application to the Chief Constable of Central Scotland Police and to Central Scotland Fire and Rescue Authority

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 licensing authority by the end of the target completion period which is 6 months from date of receipt of your application together with all required supporting documentation. This period can be extended once due to the complexity of the issue provided we notify you of the extension and its duration before the expiry of the original 6 month period.

Failed Application Redress

Please contact our licensing@clacks.gov.uk in the first instance.
The initial decision will be made by the Council's Head of Administration and Legal Services. If dissatisfied with his/her decision, you may appeal to the Council's Regulatory Subcommittee of the Planning Committee.
If you wish to appeal further against a decision you may do so to the Sheriff of Tayside, Central and Fife at Alloa within 28 days of the decision. The Sheriff can only uphold an appeal if he/she considers that the licensing authority:

• erred in law


• used any incorrect material fact when making its decision


• acted contrary to natural justice


• exercised its discretion in an unreasonable manner

Appeals against a Sheriff's decision on a point of law can be made to the Court of Session within 28 days of the Sheriff's decision.

Licence Holder Redress

Please contact our licensing@clacks.gov.uk in the first instance.

If you wish to appeal against a decision to vary or suspend your licence or a refusal to renew it you may do so to the Sheriff of Tayside, Central and Fife within 28 days of the decision. The Sheriff can only uphold an appeal if he/she considers that the licensing authority:

• erred in law


• used any incorrect material fact when making its decision


• acted contrary to natural justice


• exercised its discretion in an unreasonable manner

Appeals against a Sheriff's decision on a point of law can be made to the Court of Session within 28 days of the decision.

Consumer Complaint

We advise that in the event of a complaint you firstly contact the licence holder - in writing (with proof of delivery). If still dissatisfied, and you are located in the UK, Consumer Rights webpage will give you advice. If you are located outside the UK contact the UK European Consumer Centre.

If you wish to make any objection or representation in relation to an application this must be in writing, specify the ground of objection/representation, give your name and address and must be made to the licensing authority within 21 days of the application being made.

If you made an objection/representation about an application or made a complaint about a licence holder considered by the licensing authority in dealing with a possible suspension of a licence and you wish to appeal against a decision you may do so to the Sheriff of Tayside, Central and Fife at Alloa within 28 days of the decision. The Sheriff can only uphold an appeal if he/she considers that the licensing authority:

• erred in law


• used any incorrect material fact when making its decision


• acted contrary to natural justice


• exercised its discretion in an unreasonable manner

Appeals against a Sheriff's decision on a point of law can be made to the Court of Session within 28 days of the decision.