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Legal Eagle

Licensing

Q: Occasional licences

I have held several on-licences, PELs, Supper Licences and so on, but what do I need for the bar area of a marquee? I know about occasional licences, but as there is no original premises to start with, I don't think these apply. Most likely the performance area will be in a separate marquee, although entertainment in the form of live music may be provided in the bar area.

A: With certain limited exceptions which do not appear to apply in your case, any sale of intoxicating liquor without a justices licence is illegal. This applies to a marquee or any other place, even in the open air. However, since a marquee is by its very nature a temporary structure, I imagine you will only need an 'occasional licence', with which you appear to be familiar.

So far as concerns live music in the bar area of a marquee, this would seem to be governed by Section 182 Licensing Act 1964 which provides that no statutory regulations for music and dancing shall apply to licensed premises so as to require any licence for public entertainment in those premises by way of music and singing only, where the music and/or singing is provided solely by the reproduction of recorded sound, or by not more than two performers, or sometimes in one of those ways and sometimes in the other.

If you intend public performances on more than one day, you will need a liquor licence ('occasional licence') for your marquee bar but you will not need a separate public entertainment licence if you keep within the limits of Section 182 or if any of the exemptions mentioned below apply. However, to make matters more complicated, if you are a charity or other not-for-private gain organisation and have only an 'occasional permission' under the Licensing (Occasional Permissions) Act 1983 for sale of intoxicating liquor (for up to a maximum of 24 hours, as distinct from an 'occasional licence' under the Licensing Act 1964 which may last for up to three weeks) then the premises will not fall within the definition of 'licensed premises' and, whatever the nature of the entertainment, you will need a separate entertainment licence, subject to the exemptions mentioned below. Absurd, isn't it?

Outside the London boroughs and the City of London no public entertainment licence is required at all for a 'pleasure fair' (as defined) nor for 'incidental' music at a garden fete, bazaar, sale of work, sporting or athletic event, exhibition, display or other function or event of a similar character, or religious meeting or service. There are no comparable exemptions within the London area but there is a general exemption in all areas for music or dancing forming part of a public film exhibition.

You refer to a 'performance area' in a 'separate marquee' (presumably not covered by a liquor licence). I do not know what type of performance you have in mind but if it is open to the public or a section of the public, or if it is promoted for private gain and if it is a 'play' (which is defined as meaning any dramatic piece performed live, whether by way of speech, singing or acting, and involving the playing of a role) then you will require a theatre licence but no additional public entertainment licence, unless there is dancing or music (other than incidental music played as an introduction to or during the interval between parts of the performance where the total time taken by music is less that a quarter of the whole performance time). If dancing and/or non-incidental music is involved, then unless you come within one of the other exemptions mentioned above, you will require a public entertainment licence as well, in which case, while you are about it, you might just as well apply for that public entertainment licence to cover the bar area of the other marquee at the same time.

If the performance concerned is not a 'play' as defined above and it is a private - as distinct from public - entertainment, it will nevertheless require a private entertainment licence if it involves 'dancing, music, or any other entertainment of the like kind', and is promoted for private gain (the words 'private gain' being separately defined so as to exclude certain societies, clubs and organisations established for non-commercial purposes).

It is all ridiculously complex and technical, (this is only a summary), and a prime example of what Mr Micawber doubtless had in mind when he referred to the law as an ass and an idiot. If you are in any doubt, and who can blame you, I advise a general enquiry call to the licensing department of your local authority. The Government is supposed to be in the course of reviewing the licensing system, but past experience leads one to suppose it is too much to expect all the illogical and incomprehensible anomalies to be removed.

First published June 2001