PEL Report
North Ayrshire Council · 10 December 2025
Back to Licensing Committee — 10 December 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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19 Agenda Item X NORTH AYRSHIRE COUNCIL 10th December 2025 Licensing Committee Title: Public Entertainment Resolution under the Civic Government (Scotland) Act 1982 Purpose: To consider and determine updated terms for the Council’s Public Entertainment Licence (“PEL”) resolution under the Civic Government (Scotland) Act 1982. Recommendation: That the Committee: (1) approve the updated draft Public Entertainment Licence Resolution under section 41 of the Civic Government (Scotland) Act 1982 as circulated separately (supplementary paper/handout) (“the Draft Resolution”); (2) agree that the Draft Resolution, once made, will have an effective date not earlier than nine months after the date it is made, in accordance with the statutory requirements. (3) delegate authority to the Senior Manager, Legal Services (in consultation with the Chair, where necessary) to make minor presentational/typographical/non-material adjustments to the Draft Resolution prior to final publication and implementation, provided these do not materially alter its substance. (4) note that officers will take the required statutory publication steps following the making of the resolution. 1. Executive Summary 1.1 The Licensing Committee exercises the functions of the Council as "Licensing Authority" under many statutes, including the Civic Government (Scotland) Act 1982 (as amended by the Criminal Justice and Licensing (Scotland) Act 2010). 1.2 Section 41 of the Civic Government (Scotland) Act 1982 provides for public entertainment licensing but the Council’s ability to operate discretionary licensing regimes is dependent on the Council having an up to date resolution specifying the relevant licensable activities under the resolution. 1.3 In January 2025, the Committee considered an earlier report designed to review and modernise the PEL resolution framework, which highlighted a need for a clearer and more workable approach. This report brings forward the updated Draft Resolution for determination.
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20 2. Background 2.1 A public entertainment licence is required for the use of premises as a place where members of the public are admitted or may use any facilities for the purposes of entertainment or recreation. The Council’s current public entertainment resolution is contained at Appendix 1. This contains several specified activities which requires to be updated. 2.2 The Council’s current resolution is dated and does not reflect a full modern range of public entertainment activities or the contemporary regulatory context. This risks uncertainty for organisers, residents, members and officers which may undermine consistent compliance and enforcement. 2.3 Officers have continued to develop updated terms, including engagement with relevant internal stakeholders to produce a Draft Resolution that identifies classes of public entertainment in a clearer structure, provides modern definitions to improve consistency of interpretation and also provides targeted exemptions where activities are otherwise regulated or are deemed lower risk. 2.4 Under section 9(8) of the Civic Government (Scotland) 1982 Act, the licensing authority shall, as soon as they have made a resolution, publish in a newspaper or newspapers circulating in their area the terms of the resolution so made, together with a notice stating the effect of the resolution. 2.5 As specified in section 9(2) of the Civic Government (Scotland) 1982 Act, any resolution cannot come into effect until at least nine months after the date that the resolution is made. 3. Proposals 3.1 It is recommended that the Committee approve the Draft Resolution in order to modernise and clarify the Council’s PEL resolution position under the Civic Government (Scotland) 1982 Act. 3.2 Subject to the Committee’s determination, officers will undertake the statutory steps required following the making of the resolution, including relevant publication (as referred to at 2.4 and 2.5 above) 3.3 It is noted for the Committee that any resolution cannot come into effect until at least nine months after the date it is made and the effective date will be set accordingly to ensure that anyone affected by the resolution will have ample time to prepare for its inauguration. 4. Implications/Socio-economic Duty Financial 4.1 The legislation requires the Council to charge fees for licences that cover the costs of administering the licensing regime, therefore changes to the types of activity licensed by the Council are cost neutral. However, there will be an increase in officer time and enforcement/regulation of such activities.
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21 Human Resources 4.2 There will be additional resource requirements where the Committee resolves to add additional licensing types in its revised resolution. These will require additional visits by protective services in terms of the public awareness of new licensing requirements and from enforcement officers from legal services where there are reports of unlicensed activities. Legal 4.3 A modern Public Entertainment Licence Resolution is required to take account the change and nature of activities that should be licensed. This requires to be in terms of the Civic Government (Scotland) Act 1982. Equality/Socio-economic 4.4 An "Equality Impact Assessment" screening has been carried out, and there are no equalities impacts associated with using these discretionary powers. There are no socio-economic implications of the proposals. Climate Change and Carbon 4.5 None Key Priorities 4.6 North Ayrshire Council has priorities for "Communities and Local Democracy” and "Wellbeing" in the Council Plan 2023-2028. An effective licensing system and updated public entertainment resolution, helps achieve the Strategic Aim- Wellbeing. Community Wealth Building 4.7 There are no Community Wealth Building Issues. Islands Communities Impact Assessment (ICIA) 4.8 This Draft Resolution applies across the Council area and is not intended to operate differently between mainland and island locations. No distant island-specific impacts are identified. United Nations Rights of the Child (UNCRC) 4.9 None Consumer Duty 4.10 None
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22 5. Consultation 5.1 Officers have undertaken internal consultation with relevant council services (including Environmental Health/Protective Services) on the functionality of the updated Draft Resolution. No further public consultation is proposed at this stage. The statutory procedure for making the resolution is by determination of the Licensing Committee, followed by publication in accordance with the Civic Government (Scotland) Act 1982. Aileen Craig Head of Democratic Services For further information please contact Raymond Lynch, Senior Manager, Legal Services, on licensing@north-ayrshire.gov.uk. Background Papers Appendix 1 – Current Public Entertainment Resolution
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23 • boxing, wrestling or another spectacle • motorcycle scrambling • dancing, a discotheque or amplified sound • an open air concert • an exhibition • a large fete with one or more public marquees • a fireworks display • an ice rink • a musical, dramatic or other stage or floor or radio or television performance or activity • a circus • a fairground (includes a ride of whatever size, speed or cost) • a swimming pool • a billiards, snooker and/or pool hall • an amusement arcade other than one licensed under the Gambling Act 2005 Appendix 1- Current Public Entertainment Resolution A Public Entertainment Licence is required for the following activities or premises