A place of Public Entertainment is any place where the public are admitted or use facilities for the defined activities.

These do not include:

(a)    Athletic or sports grounds.
(b)    Premises used mainly for spectator sports, including sports complexes, are also exempt but would require another type of licence.  
(c)     Educational establishments.
Premises belonging to or occupied by religious bodies whilst being used wholly or mainly for purposes connected with that body.
(e)    Theatres, Cinemas and certain premises licensed under Gaming Act 1968.
Premises covered by a permit under Section 16 of the Lotteries and Amusements Act 1976 (permits for amusements with prizes other than machines).
Premises licensed to sell alcohol where Public Entertainment is being provided during permitted hours.  This includes premises covered by Occasional Licences (granted to licensees) but not those covered by Occasional Permissions (granted to voluntary organisations).
(h)     Premises where entertainment/amusement machines are ancillary to  the main entertainment or where the premises' main purpose or use is not as a Place of Public Entertainment.

Note - with the exception of (e) (cinema and theatres), the exemptions referred to above only apply to the premises whilst they actually are being used for the purposes mentioned.

CATEGORIES OF ENTERTAINMENT AND RECREATION REQUIRING A LICENCE AND Definitions

Dumfries and Galloway Council has agreed, with effect from 1 December 2003, to require a Public Entertainment Licence for the use of premises for the following specified entertainments and offers the definitions for guidance.  Please note that in terms of the legislation "premises" includes land.

Bungee jumping/catapulting - the activity of diving, either freestanding or within a cage or capsule, from an elevated platform e.g. bridge or crane, or being catapulted between 2 cranes or objects, with feet or any part of body, or cage or capsule, attached to an elasticated rope designed to pull or catapult the person into air.

 Application Form - Part A - Bungee Jumping [90kb]
 Application Form - Part B - Bungee Jumping [58kb]
 Licensing Conditions - PEL - Bungee Jumping [48kb]

Circus - an entertainment in which a variety of performers e.g. acrobats, clown and performing animals are involved in a series of unrelated acts.

 Application Form - Part A - Circuses [91kb]
 Application Form - Part B - Circuses [48kb]
 Licensing Conditions - PEL - Circuses [42kb]

Fun Fairs - an entertainment with 5 or more mechanical rides together with sideshows or amusements should include both adult rides and children's rides.

 Application Form - Part A - Funfairs [90kb]
 Application Form - Part B - Funfairs [46kb]
 Licensing Conditions - PEL - Funfairs [42kb]

Firework Displays - Displays where devices containing explosive materials are ignited to produce light and sound effects.

 Application Form - Part A - Firework Displays [91kb]
 Application Form - Part B - Firework Displays [66kb]
 Licensing Conditions - PEL - Fireworks [70kb]

Music Events and Festivals - Events and festivals where music forms a substantial part of the entertainment.  The music can be produced vocally and/or instrumentally and/or electronically.  It may be performed live or relayed and includes music accompanied by dancing.

Indoor Music Events and Festivals in premises with an occupant capacity of or over 350 are music events and festivals as defined above which take place in indoor premises which have an occupant capacity of or over 350.

 Application Form - Indoor Music Event [80kb]
 Licensing Conditions - PEL - Indoor Music Events [43kb]

Outdoor Music Events/Festivals are music events and festivals as defined above which take place out of doors.

 Application Form - Part A - Outdoor Music [90kb]
 Application Form - Part B - Outdoor Music [67kb]
 Licensing Conditions - PEL - Outdoor Music Events [40kb]

Sunbed centres and tanning centres  - premises which offer sunbed and/or tanning facilities, whether as a primary or secondary function.  For example, a public entertainment licence will be required where premises are primarily beauty salons, hairdressing salons, fitness or health clubs etc, but also have available sunbed and/or tanning facilities, in addition to premises used solely for sunbed and/or tanning facilities.  Sunbed and tanning facilities are electrical equipment which emit ultra violet rays so that the user may experience the effect of having a sun tan.

 Application Form - Part A - Sunbeds [95kb]
 Application Form - Part B - Sunbeds [38kb]
 Licensing Conditions - PEL - Sunbed [73kb]

Community Based Free Events

The Scottish Parliament has changed the definition of a Place of Public Entertainment by deleting reference to "money or monies worth" and consequently extending the need for a Public Entertainment Licence to free events.

This means that from 1 April 2012 a Public Entertainment Licence will be needed for any of the stated forms of entertainment whether or not payment is made for attendance or participation.

The Council anticipate that free events will most likely be Indoor and Outdoor Music Events, Firework Displays and perhaps charity bungee jumping.  As it is also anticipated that free events will be community generated the Council has agreed to restrict the fee.

 Application Form - Free Events - Part A Firework Displays [90kb]
 Application Form - Free Events - Part B Firework Displays [59kb]
 Application Form - Free Events - Indoor Music Event [92kb]
 Application Form - Free Events - Part A Outdoor Music [84kb]
 Application Form - Free Events - Part B Outdoor Music [60kb]
 Conditions - Fere Outdoor Music Events [36kb]