PEL Report - January Committee
North Ayrshire Council · 8 January 2025
Back to Licensing Committee — 8 January 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 NORTH AYRSHIRE COUNCIL 8th January 2025 Licensing Committee Title: Public Entertainment Resolution under the Civic Government (Scotland) Act 1982 Purpose: To consider the Public Entertainment Resolution. Recommendation: That the Committee agree to consider and determine the terms of its Public Entertainment Licence Resolution, and thereafter, consult on such in terms of the required Statutory process under the Civic Government (Scotland) Act 1982. It is not recommended that car cruise events are licensed under the Public Entertainment Licence procedure, and that they are more suitably covered by existing Police powers, Road Traffic Legislation, and other similar Legislative powers. 1. Executive Summary 1.1 The Licensing Committee exercise 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 The Civic Government (Scotland) Act 1982 provides powers to local authorities to licence a wide range of different activities. Some activities are required to be licensed under the said Act, and are mandatory, and others the Council has a discretion as to what to licence. However, to exercise the discretionary powers under the 1982 Act, the Act states that those powers “shall have effect in the area of a licensing authority, only if, and insofar as the authority have so resolved” in accordance with the Act. The wording of the Council’s current public entertainment resolution is somewhat dated, and this report recommends various changes to be considered by the Committee. Accordingly, this report sets out the steps required to review the Council’s current public entertainment licence and create the appropriate resolution under the said ‘1982 Act to revise and update the licensable public entertainment activity types appropriately in a modern context.
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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 There have been meetings of the Member/Officer working group to consider the terms of the Council’s current resolution, and the Clerk to the committee has further met recently with protective services colleagues to discuss the terms, scope and practical workability and monitoring of the terms of any updated resolution. It is now appropriate given the need to update the resolution to bring forward draft proposals for the Committee to consider, and for the Clerk to the committee to outline the relevant process and timescales. It is anticipated that during the consultation process, as outlined below, that internal council services will have a further opportunity to respond to the terms of any proposed draft and to allow for the required public consultation. In addition, guidance notes will be worked on with protective service colleagues as to guidance issued to applicants as to their relevant responsibilities and what is expected of them and the role of the local authority too in regulating such and any required risk-based inspection process thereon. There are likely to be an increase in resource considerations for any approved public entertainment licence resolution that is approved by the Committee. This would be in terms of increased resourcing allocated to the regulation and enforcement of such activities as required. 2.3 The proposed resolution is outlined in Appendix 2. The proposed resolution seeks to outline the activities that will require to be licensed in terms of the updated resolution. The Act requires that, if a Council resolves to licence public entertainment, it shall specify the places, or classes, of those activities which shall fall to be licensed and regulated. 2.4 As a reminder to the Committee, when specifying places or classes, it is best to avoid descriptions of activities that are so specific that the list doesn’t keep pace with changes in public entertainment and to avoid generic descriptions that can regulate some activities that are lower risk. Factors to consider in terms of whether to resolve to licence an activity under a public entertainment licence resolution are whether the risk of the activity is significantly affected by whether the person is a “fit and proper” person, whether the premises is suitable for the activity in question and the need for the Council to be consulted when an event is being planned. It is proposed also that there the public entertainment licence provisions should not apply for spectator- based entertainment where the number is less than 200 persons, the event has been risk assessed and it is certified by the organiser that no aspect of the event presents a high risk to the safety of the spectators. The organiser will require to take full cognisance of the HSG195-The Health and Safety Executive Event Safety Guide known as the “Purple Book” and any ancillary guidance that the local authority may provide from time to time too on such events.
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21 2.5 As outlined in Part B of the draft resolution there are proposed exemptions to the requirements where it is already covered by the Licensing (Scotland) Act 2005 requirements and in terms of the “Exemptions” as outlined below: “ Community and School Fundraising Exemption: (a) the place is operated by a charitable, religious, youth, educational, recreational, community, political or similar organisation; and (b) charges or donations are wholly for the benefit of the operating organisation, or another organisation which is within (a); it does not need a PEL.” Section 41 (2) of the Civic Government (Scotland) Act 1982 further specifies when a public entertainment licence will not be required including usage by schools, charitable organisations and athletic or sports grounds etc. used for those purposes. 2.6 The proposed resolution has been published within a local newspaper, online (at Notice near KA12 8EE | Public Notice Portal) and via a Local Authority press release. Notice of the proposed resolution was first published on 27th November 2024. A copy of this notice is contained in Appendix 3. Under section 9(6) of the Civic Government (Scotland) 1982 Act, a licensing authority shall not make a resolution unless they have published in a newspaper or newspapers circulating in their area the terms of the proposed resolution together with a notice stating that they intend to make the resolution; and that representations about the resolution may be made in writing to the authority within 28 days of the first publication of the notice. 2.7 In terms of section 9(7) of the Civic Government (Scotland) 1982 Act, a Licensing Authoriy may make amendments to the proposed resolution as it sees fit in light of the representations received during the 28 days’ notice period. 2.8 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. 2.9 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 proposed resolution contained at Appendix 2 is adopted in its entirety and it should come into effect on 9th October 2025. The proposed resolution has been published for representations. The resolution should then be circulated in terms of section 9(8) of the Civic Government (Scotland) Act. 4. Implications/Socio-economic Duty
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22 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. 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. 5. Consultation 5.1 Consultation is required in terms of the statutory process, as outlined above, in terms of the Civic Government (Scotland) Act 1982.
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23 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 Appendix 2 – Proposed Public Entertainment Resolution Appendix 3 – Notice circulating the Proposed Resolution.
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24 Appendix 1- Current Public Entertainment Resolution A Public Entertainment Licence is required for the following activities or premises: • 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
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25 APPENDIX 2 - PROPOSED PUBLIC ENTERTAINMENT RESOLUTION North Ayrshire Council, being the Licensing Authority under the Civic Government (Scotland) Act 1982, resolves that from 9th October 2025, a ‘Public Entertainment Licence’ under Section 41 of the 1982 Act (‘PEL’) is required for the places and activities listed at Part (A) below, subject to the exemptions in Parts (B) and (C) below. Parts: (A) List of places and activities needing a Licence (B) Exemptions A "public entertainment licence" shall be required for the use of premises as a place of public entertainment. This means any place where members of the public are admitted or may use any facilities for the purposes of entertainment or recreation of any of the following types: A Public Entertainment Licence shall not be required for spectator-based entertainment events that satisfy all the following conditions: The event is provided to an audience of less than 200 persons at any one time and the organiser of the event takes appropriate steps to monitor and control capacity during the event, is fully risk assessed and certified by the organiser and that the organiser determines that no aspect of the event presents a high risk to the safety of spectators and the event organiser takes cognisance of HSG195 - the Health and Safety Executive Event Safety Guide (also known as the Purple Guide) or any further additional guidance specified, from time to time, by the Licensing Authority; “Spectator based entertainment” is defined as: (1) Performances such as dance, live music events and public performance of any music, dance or plays etc. (2) Exhibitions of an object such as a painting, drawing, installation, or historic artifact etc. (3) Public shows and events such as festivals, fairs, firework displays, circuses and sporting events etc. Part (A) - List of places and activities needing a Licence: 1. Premises used for public performances of live music, whether indoor or outdoor, including concerts, music festivals and live DJ events playing amplified music (live or recorded); 2. A place where there is a public performance of any music, dance or play (speech, singing or acting), and premises used for performances involving hypnotism; 3. Skating rinks (including facilities for indoor roller skating and skateboarding) and ice rinks; 4. Circuses; 5. Fairgrounds; 6. Exhibitions; 7. Snooker, Billiard or Pool Halls;
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26 8. Swimming pools; 9. Fireworks display, except ones covered by dispensation by the Council, authorised by Law or within the curtilage of a dwelling-house by or with the permission of the occupier; 10. Sunbed/tanning facilities; 11. Animal riding where not covered by Riding Establishment Licence provisions; 12. Premises used for bungee jumping, abseiling, zip slides, indoor climbing walls and trampolining; 13. Premises used for paintball games; 14. A large fete with one or more marquees; 15. Any premises indoor or outdoor used for: (i) Motor vehicle stunt shows or motor sports. (ii) Quad bike events. 16. Premises used for any activity involving inflatable structures such as bouncy castles, or one or more mechanical rides; 17. Boxing, wrestling and martial arts events, or contact sports where a public audience may be present on payment of a fee. Any person wishing to carry on any such activity will require a licence from the Council before doing so, (unless the Council already licenses the activity in which case a licence will continue to be required without any delay in implementation). ”With effect from 9th October 2025, it will be an offence under Section 7(1) of the Act to use a premises for Public Entertainment for the classes mentioned above without a licence. (B) Community & School Fundraising Exemptions: All two conditions must apply before this exemption applies. If (a) the place is operated by a charitable, educational, religious, youth, recreational, community, political or similar organisation and (b) charges or donations are wholly for the benefit of the operating organisation, or another organisation which is within (a) it does not need a PEL.
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Ayrshire Post URN: 226458724-01 Date: 2024-11-27 Section: Main Advertiser: NORTH AYRSHIRE COUNCIL Page: 32/48 EAST AYRSHIRE COUNCIL (A735 Dunlop Road, Stewarton) (Temporary Road Closure) Order 2024 On 26th November 2024 the Council, in exercise of the powers conferred on it under Section 14(1) of the Road Traffic Regulation Act 1984, as amended, and of all other enabling powers, made the above-named Order to allow repairs to masonry walls supporting bridge. Temporary Road Closure – A735 Dunlop Road, Stewarton - 20m section at single track section of road at Railway bridge. The Order commences on 14 December 2024 and has a maximum duration of 18 months or until the works are completed, whichever is earlier. The works are expected to commence from 14 December 2024 at 22:00 until 20 December 2024 at 06:00. The road is expected to be closed between 22:00 and 06:00 each day with it being open out-with these times. The days and times of the works may be dependent upon the weather conditions but the Order will be implemented only when the appropriate signs are displayed. Emergency Services access will not be affected and access for residents, deliveries and pedestrians’ out-with the working zone will be maintained. An alternative route will be signed via Standalane - B778 - A736 - B706 - Main Street Dunlop and vice versa. Dispensation for vehicles over 15.9 feet will be in place north of the closure and these vehicles will be diverted to the closure, where client will then remove equipment to let them pass. Jane Corrie Head of Roads - Ayrshire Roads Alliance Opera House, 8 John Finnie Street, Kilmarnock KA1 1DD Email: enquiries@ayrshireroadsalliance.org For more information visit: www.tellmescotland.gov.uk A partnership between East Ayrshire Council and South Ayrshire Council Town And Country Planning (Development Management Procedure) (Scotland) Regulations 2013 (As Amended) Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (As Amended) Publicity for Applications 55 High Street, Stewarton- 24/0522/PP - Proposed change of use of retail/light industrial unit to dental surgery 1 Stronsay Place, Wardneuk, Kilmarnock - 24/0536/PP - Construction of an outbuilding within rear garden to be used as a hair salon Deadline: 14/12/2024 For those applications which have been the subject of Pre-Application Consultation between the Applicant and the Community (and which are indicated as “PAC”), persons wishing to make representations in respect of the application should do so to the Planning Authority in the manner indicated. All applications can be viewed online via the Council website (www.east-ayrshire.gov. uk/eplanning). Written comments and electronic representations may be made to the Chief Planning Officer via submittoplanning@east-ayrshire.gov.uk before the appropriate deadline. Please note that comments received outwith the specified period will only be considered in exceptional circumstances which will be a question of fact in each case. Publication Date: 29th November 2024 Governance Pamela Clifford, Chief Planning Officer, The Opera House, 8 John Finnie Street, Kilmarnock. KA1 1DD. EAST AYRSHIRE CITIZENS ADVICE BUREAU Trustees for the Board of directors Are you passionate about making a difference? Are you willing and able to give up some of your valuable time to work with a Charity that has a social ethos and values to make a difference in the local communities we serve? As the need for our services has grown, we are looking for new trustees to contribute to help us develop and deliver our strategy, values and vision. East Ayrshire CAB provides free, independent, impartial and confidential advice and information to ensure that people understand their rights and responsibilities and can express their needs effectively. We campaign and influence to tackle the root cause of the problems people face and work to strengthen their rights. We’d like to enhance our board to better reflect the diverse individuals and communities we work alongside, and welcome applications from all backgrounds. Our bureau is a place for learning, innovating and connecting, so whether you’re already an experienced trustee, or taking your first step, we’d love to hear from you. Becoming a Board member is not just about what you can offer us, it is a rewarding role that helps you learn new skills, broaden your network, raising your profile and make a real difference. 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