MAIDSTONE BOROUGH COUNCIL

LICENSING ACT 2003 COMMITTEE

21 NOVEMBER 2011

REPORT OF HEAD OF DEMOCRATIC SERVICES

Report prepared by Neil Harris 

1.           REGULATED ENTERTAINMENT – A CONSULTATION PROPOSAL TO EXAMINE THE DEREGULATION OF SCHEDULE ONE OF THE LICENSING ACT 2003

1.1        Issue for Decision

1.1.1   To consider the questions arising from the Government consultation paper from the Department for Culture, Media and Sport on their proposal to deregulate Schedule One of the Licensing Act 2003 in respect of most regulated entertainment.

1.2        Recommendation of Head of Democratic Services

1.2.1   That the proposed response to the questions set out in the Department for Culture, Media and Sport consultation proposal to examine the deregulation of Schedule One of the Licensing Act 2003 relating to regulated entertainment as set out in Appendix B be approved. 

1.3        Reasons for Recommendation

1.3.1   The Department for Culture, Media and Sport has issued a consultation proposal seeking views on a proposal to deregulate schedule one of the Licensing Act 2003 so that most “regulated entertainment”  becomes a non licensable activity unless there is an audience of 5000 people or more. Boxing, wrestling and performance of dance classed as sexual entertainment is not affected and neither is Schedule 2 relating to Late Night Refreshment. Regulated entertainment is classified as the following:-

·         a performance of a play

·         an exhibition of a film

·         an indoor sporting event

·         a boxing or wrestling entertainment (both outdoors and indoors)

·         a performance of live music

·         any playing of recorded music, and

·         a performance of dance.

1.3.2   A copy of the consultation paper is set out at Appendix A and the proposed response at Appendix B.

1.4        Alternative Action and why not Recommended

1.4.1   It could be decided to not respond but that would miss an opportunity to influence government thinking on this matter.

1.5        Impact on Corporate Objectives

1.5.1   Responding to this consultation proposal has no impact on corporate objectives.

1.6        Risk Management

1.6.1   There are no risk management issues arising from responding to this consultation proposal.

1.7        Other Implications

1.7.1    

1.7.2   The legal implications have been dealt with in the report.   

1.8        Relevant Documents

1.8.1   Appendices

1.8.2   Appendix A -  DCMS Consultation Paper on the Deregulation of Schedule One of the Licensing Act 2003

1.8.3   Appendix B – Proposed response to the Consultation paper.

1.8.4   Background Documents

Impact Assessment for the proposal to exempt regulated entertainment from the provisions of the Licensing Act 2003.

IS THIS A KEY DECISION REPORT? X     Yes                                               No     If yes, when did it first appear in the Forward Plan?   …………………………………………………………………………………………………………………………..     This is a Key Decision because: ………………………………………………………………………..   …………………………………………………………………………………………………………………………….       Wards/Parishes affected: …………………………………………………………………………………..   ……………………………………………………………………………………………………………………………..