Agenda Document Pack - General Purposes Committee - 18/03/2025
Midlothian Council · 18 March 2025
Back to General Purposes Committee — 18 March 2025 and its agenda
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Notice of Meeting and Agenda General Purposes Committee Venue: Virtual Meeting, [Venue Address] Date: Tuesday, 18 March 2025 Time: 10:00 Executive Director : Place Contact: Clerk Name: Democratic Services Clerk Telephone: Clerk Email: democratic.services@midlothian.gov.uk Further Information: This is a meeting which is open to members of the public. Privacy notice: Please note that this meeting may be recorded. The recording may be publicly available following the meeting. If you would like to know how Midlothian Council collects, uses and shares your personal information, please visit our website: www.midlothian.gov.uk Page 1 of 20
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1 Welcome, Introductions and Apologies 2 Order of Business Including notice of new business submitted as urgent for consideration at the end of the meeting. 3 Declaration of Interest Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest. 4 Minute of Previous Meeting 4.1 Minutes of the General Purposes Committee Meeting of 4 February 2025, submitted for approval 3 - 8 4.2 Private Minute Addendum of the General Purposes Committee Meeting of 4 February 2025, submitted for approval 5 Public Reports 5.1 Civic Government (Scotland) Act 1982 : Public Entertainment Licensing – Proposed Consultation - presented by Chief Officer Place 9 - 20 6 Private Reports 7 Date of Next Meeting The next meeting will be held on Tuesday 29 April 2025 at 10.00am. Page 2 of 20
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INTERNAL USE ONLY DRAFT BY/DATE: REVIEW BY/DATE: 1-993 Minute of Meeting General Purposes Committee Tuesday 18 March 2025 Item No 4.1 General Purposes Committee Date Time Venue Tuesday 4 February 2025 10:00 Council Chambers/Virtual via MS Teams Present: Councillor Virgo (Chair) Councillor Alexander (virtual) Councillor Bowen (virtual) Councillor Cassidy Councillor Curran Councillor McCall (virtual) Councillor McEwan Councillor McKenzie Councillor McManus (virtual) Councillor Milligan Councillor Parry Councillor Pottinger (virtual) Councillor Russell Councillor Scott Councillor Smaill Councillor Winchester In attendance: Derek Oliver, Chief Officer Place Alan Turpie, Legal and Governance Manager/Monitoring Officer Edel Ryan, Senior Manager Protective Services Laura Gunning, Principal Environmental Health Officer Marc Copland, Police Scotland (virtual) PC Iain Anderson, Police Scotland (virtual) Iina Jaara, Democratic Services Team Leader Louise Middleton, Democratic Services Officer 1. Welcome and Apologies Councillor Virgo (the Chair) welcomed everyone to this meeting of the General Purposes (GP) Committee. Page 3 of 20
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2. Order of Business The Order of Business was as per the agenda circulated. 3. Declaration of Interest Councillor Curran declared an interest in item 6.1 due to a business interest in the sector relevant to the item. Councillor Pottinger declared an interest in item 6.2 and highlighted that they would leave the meeting before this item. 4. Minute of Previous Meeting The Minute of the General Purposes Committee Meeting of 19 November 2024 was approved as the correct record, proposed by Councillor McEwan and seconded by Councillor McCall. Councillor McCall apologised for not declaring their interest sooner and stated that due to being a registered landlord in Midlothian, they will recuse themselves for items 5.1 and 5.2 and return for the private items. Councillor McCall the meeting at 10:03. 5. Reports and Items for Discussion Report No. Report Title Presented by: 5.1 Private Sector Landlord Registration Applications - Fit and Proper Person Determination, Policy and Procedure Senior Manager Protective Services The Senior Manager Protective Services presented the report for decision. The purpose of the report is to gain governance on the revised policy for the processing of Landlord Registration Applications specifically regards the proposed fit and proper person checking procedure and the criteria for cases requiring referral for Committee determination. The report asks the Committee to note when they determine a landlord application to be refused, and there is evidence regards existing tenant(s), appropriate statutory enforcement action will be undertaken by the Public Health Environmental Protection (PHEP) Team, including the service of a rent penalty notice (Section 94, 2004 Act) where appropriate. The Committee are asked to: i. Note and approve the proposed procedure for fit and proper persons checking of landlord registration applications/renewals and the criteria for submitting a referral for Committee determination (Appendix C in the report). Page 4 of 20
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ii. Note the enforcement actions that may be undertaken by the Protective Services PHEP Team when the Committee determine an application for landlord registration be refused. Namely, where the legal criteria are met, the service of a rent penalty notice under Section 94(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 which suspends the rent liability of the tenant; and secondly consideration of a referral for prosecution to the Crown Office Procurator Fiscal Service. The Chair thanked the Senior Manager Protective Services for the report. The Chair asked if the application for landlord registration application is specific to the property they would be the landlord for. The Senior Manager Protective Services stated that the applicant’s fit and proper status is considered, and the applicant must declare all properties they rent. The Chair suggested that step three of the process should include a check with the Planning Team to review the propriety of the property or properties declared. The Senior Manager Protective Services said they can investigate this. Elected Members asked if the possible ramifications of a private landlord or corporate body deemed not to be fit and proper deciding to evict their tenants have been considered. The Senior Manager Protective Services advised that the law states tenants with a tenancy agreement cannot be evicted until the lease comes to a natural conclusion. During this time the tenants do not pay rent but are advised that in the case of a successful appeal by the landlord, they may still need to. This legislation deals with private landlord licences only. Elected Members asked about the distinction between private and corporate landlords and if someone having set up a Limited (Ltd) company would be considered corporate. The Senior Manager Protective Services advised that they would still be covered by the terms of the landlord registration and the Antisocial Behaviour etc. (Scotland) Act 2004. The recommendations in the report were moved by Councillor Cassidy and seconded by Councillor Pottinger. Decision The Committee approved the recommendations in the report. Report No. Report Title Presented by: Page 5 of 20
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5.2 Landlord registration: Proposed protocol for prescribed information checking, landlords failing to register and the service of Rent Penalty Notices Senior Manager Protective Services The Senior Manager Protective Services presented the report for decision. The purpose of the report is to advise Elected Members that under current arrangements any landlord registration case which fails to fully comply with the legislation is brought before the GP Committee for decision. This report seeks to update the position for statutory action through powers delegated to authorised officers within the Protective Services PHEP Team for certain specific legislative breaches. The Committee are asked to: i. Note the legal requirement for fit and proper person checking regarding landlord registration. Section 84(2) of the Antisocial Behaviour etc. (Scotland) Act 2004 stipulates that a Local Authority must be satisfied the relevant person is a ‘fit and proper’ person before granting a registration and Section 85(2)-(4) further stipulates the considerations to determine this. ii. Note the legal requirement for landlords to provide prescribed information with their landlord registration application. The required information is detailed in Schedule 1 of the Private Landlord Registration (Information) (Scotland) Regulations 2019. iii. Note it is an offence under Section 93(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (‘the 2004 Act’) for a relevant person, who is not registered as a landlord by Midlothian Council, to own a house within Midlothian under a lease or occupancy arrangement with an unconnected person using it as a dwelling. iv. Note that under Section 94(1) of the 2004 Act a Local Authority may serve a Rent Penalty Notice (appendix C) when satisfied that the conditions in 1(iii) above are met and an offence is therefore being committed. v. Approve the proposed protocol for determination of landlord registration/renewal applications or incidents of failure to apply for registration as follows: Page 6 of 20
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a) Any application/renewal giving rise to doubt regarding the applicant’s fit and proper status will be referred to Committee for determination. b) Any application/renewal failing legal obligation in terms of prescribed information will be subject to a procedure (detailed in 3.1) aimed to seek compliance but can ultimately be refused by the PHEP Team. c) Any landlord letting a property to an unconnected person who does not engage with the landlord registration process by failing to lodge an application for registration, will be subject to a procedure (see 3.2 in the report) aimed to seek compliance. Failure to comply can result in the issue of a Rent Penalty Notice by the Protective Services PHEP Team. vi. Delegate authority to authorised officers within the Protective Services PHEP Team to serve a Rent Penalty Notice when conditions in 1(iii) are established. The Chair thanked the Senior Manager Protective Services for the report and opened it for questions. Elected Members asked if a potable water certificate could be added to the list of requirements. The Senior Manager Protective Services advised that water is a matter for prescribed information and the full list was not included in the papers but can be made available to Elected Members if needed. The Committee was advised that the quality of the public water supply connected to properties is expected to be satisfactory, and that there is a separate register and checking process for private supplies. Elected Members asked if properties are required to have a specific energy rating to ensure heating can be provided at a satisfactory rate. The Senior Manager Protective Services advised that this is not currently part of the requirements within the Antisocial Behaviour etc. Act (Scotland) 2004. Elected Members asked that section 3.2.1, which mentions interlinked smoke alarms and the presence of carbon monoxide detectors, should include the word ‘working’ to ensure they are required to be operative. The Senior Manager Protective Services said they can add this. Page 7 of 20
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The recommendations of the report were moved by Councillor Parry and seconded by Councillor Scott. Decision The Committee approved the recommendations in the report. Action Senior Manager Protective services to amend wording regarding carbon monoxide detectors 6. Private Reports Exclusion of Members of the Public In view of the nature of the business to be transacted, the Committee agreed that the public be excluded from the meeting during discussion of the undernoted item, as contained in the Addendum hereto, as there might be disclosed exempt information as defined in paragraphs 3 and 6 of Part I of Schedule 7A to the Local Government (Scotland) Act 1973:- • 6.1 Application for Grant of Private Hire Car Driver’s Licence • 6.2 Short-Terms Let Licensing – Determination of a Licence Application 1 Dalhousie Mains, Dalkeith, EH22 3LZ. Reference No. ML00107N, report by Chief Officer Place • 6.3 Short-Terms Let Licensing – Determination of a Licence Application Reference No. ML00130N 18 Dalum Loan, Loanhead EH20 9LL, report by Chief Officer Place 7. Any Other Business None discussed. 8. Date of next meeting The next meeting will be held on Tuesday the 18 March 2025, 11:00. The meeting concluded at 10.26 Page 8 of 20
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General Purposes Committee Tuesday 18 March 2025 Item 5.1 Title of Report: Civic Government (Scotland)Act 1982 : Public Entertainment Licensing – Proposed Consultation Report by: Derek Oliver, Chief Officer, Place Report for Decision 1 Recommendations Committee are asked to i) approve the draft Public Entertainment Resolution (Appendix C) ii) require the Chief Officer, Place to undertake the relevant statutory consultation in accordance with the requirements of the Civic Government (Scotland) Act 1982, and iii) thereafter, further report to Committee the outcome of the consultation for determination of the revised Resolution at that stage. 2 Purpose of Report/Executive Summary To advise Committee of the statutory power to make a Resolution to licence specified Public Entertainment activities and seek approval to undertake consultation as required under the Civic Government (Scotland) Act 1984 on the draft resolution attached to this report at Appendix C. Date 18 February 2025 Report Contact: Edel Ryan Tel No 0131 271 3345 edel.ryan@midlothian.gov.uk Page 9 of 20
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3 BACKGROUND 3.1 The Civic Government (Scotland) Act 1982, (Section 41) allows that as an ‘optional (discretionary) provision’ a “public entertainment licence” shall be required for the use of premises as a place of public entertainment only if, and insofar as, the Authority has resolved in accordance with Section 9 of the Act. A Place of Public Entertainment is defined in Section 41 of the Act as meaning any place where members of the public are admitted or may use any facilities for the purposes of entertainment or recreation (with certain specified exemptions as detailed in Appendix D of this report). Midlothian Council has a Public Entertainment Licensing Resolution which has been in place since 2013 (Appendix F). It is appropriate to review the resolution to update the list of activities subject to licensing requirements. 3.2 The Act requires that consultation on the proposed Resolution should take place by publishing the proposed resolution in a newspaper or newspapers circulating in their area allowing 28 days for receipt of submissions. The proposed wording is attached at Appendix C. 3.3 The legislation requires Committee to consider any representations received at consultation stage and post the statutory consultation, the Authority may make such modifications to the proposed resolution as they think fit in light of representations made to them, provided such modifications do not extend the scope of the Resolution as published. Further report shall be presented to GP Committee for decision whether to modify, or, adopt in totality, the proposed Resolution. 3.4 The programmed timeline and detailed steps to be undertaken regards the making of such a Resolution are listed in Appendix E. 3.5 In terms of the legislation, the updated wording will come into force nine months after the decision to adopt the new version, which under the current timetable will be at 31st March 2026. 4 Report Implications (Resource, Digital and Risk) 4.1 Resource The cost of conducting the required consultation, preparing for and processing the subsequent small increase in applications from new premises requiring licensing (should the resolution be adopted) is Page 10 of 20
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anticipated to be manageable within the resources of Protective Services Team. The potential widening of the activities qualifying as “public entertainment” and requiring licensing may lead to a small potential increase in income. 4.2 Digital There are no Digital Services implications identified. 4.3 Risk Failure to review the Public Entertainment Licensing Resolution could lead to premises which should be regulated remaining unregulated. Moving to consultation of the Draft resolution in accordance with the requirements of the 1982 Act will inform the review of the current Resolution. 4.4 Ensuring Equalities (if required a separate IIA must be completed) There are no equalities issues identified . 4.5 Additional Report Implications (See Appendix A) See Appendix A Appendices Appendix A – Additional Report Implications Appendix B – Background information/Links Appendix C – Draft resolution requiring approval to proceed to (28 day) Consultation Appendix D – Definition of a Place of Public Entertainment (Section 41 of the 1982 Act) Appendix E – Projected Timeline and milestones Appendix F – Midlothian Council Public Entertainment Resolution 2013 (current) Page 11 of 20
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APPENDIX A – Report Implications A.1 Key Priorities within the Single Midlothian Plan Midlothian will be safer. A.2 Key Drivers for Change Key drivers addressed in this report: Holistic Working Hub and Spoke Modern Sustainable Transformational x Preventative Asset-based x Continuous Improvement One size fits one None of the above A.3 Key Delivery Streams Key delivery streams addressed in this report: One Council Working with you, for you x Preventative and Sustainable Efficient and Modern Innovative and Ambitious None of the above A.4 Delivering Best Value There are no identified resource implications. A.5 Involving Communities and Other Stakeholders Services within the Local Authority including Legal and Communications have been consulted and this report seeks permission to proceed to statutory (public) consultation to inform the way forward. A.6 Impact on Performance and Outcomes Approval to undertake the statutory consultation as outlined in this report will enable the Local Authority to meet Statutory Obligations. A.7 Adopting a Preventative Approach Expansion of the Resolution will ensure that relevant Premises which should be brought within the statutory licensing regime are. A.8 Supporting Sustainable Development Page 12 of 20
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Not applicable APPENDIX B Background Papers/Resource Links (insert applicable papers/links) Civic Government (Scotland) Act 1982 Public Health etc. (Scotland) Act 2008 ( part 8) Page 13 of 20
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APPENDIX C MIDLOTHIAN COUNCIL DRAFT RESOLUTION ON PUBLIC ENTERTAINMENT LICENSING NUMBER 01/2025 Section 9 Civic Government (Scotland) Act 1982 (as amended ) DRAFT FOR CONSULTATION Midlothian Council as Licensing Authority for Midlothian District; in terms of Section 9 of the Civic Government (Scotland) Act 1882 (as amended) “the Act” make a resolution in the following terms:- Midlothian Council intends to resolve that from dd/mm/yyyy [ at least 9 months from the day on which the resolution was made section 9(2) of the Act] any activity falling within any of the classes of activity listed below shall require the premises to be licensed in terms of Section 41 (Public Entertainment Licences) of the Civic Government (Scotland) Act 1982 and shall be regulated by the relevant provisions of the said Act. This resolution is made in relation to the whole of Midlothian District being the whole area of the licensing authority. Any preceeding resolution regards public entertainment licensing in Midlothian, shall from [same date] be replaced. 1) Section 41 of the Act relating to Public Entertainment Licences shall continue to have effect throughout the local government area of Midlothian 2) Subject to the terms of Section 41 and Schedule 1 of the said Act , a Public Entertainment Licence shall be required for the use of premises as places of public entertainment for the classes of activity, specified in Clause 4 hereof, to which the public are admitted or in which the public may use any facilities, upon payment, for the purposes of entertainment or recreation, but excluding athletic or sports grounds whilst being used as such, premises licensed for alcohol or gaming, places for which S41A of the Act licences are required, cinemas, and certain other categories as from dd/mm/yyyy. 3) A Public Entertainment Licence shall not be required for the classes of activity listed in Clause 5 4) A Public Entertainment Licence shall be required in respect of any of the following types of activity: o Dancing establishments o Premises with mechanical rides or simulators intended for entertainment or amusement excluding those rides exclusively Page 14 of 20
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for use by children under the age of 5 whilst supervised by an adult o Concert Halls o Indoor or open air festivals or concerts, shows or performances or other events, irrespective of capacity numbers, involving the erection of temporary stages, scenery or other temporary raised structure(s) o Open air concerts or other events where a capacity of 200 persons or more may be present o Any activity involving shooting, including but not limited to archery, clay pigeon shooting or paintball o Indoor or external adventure playground style childrens’ play areas including soft play areas o Health Clubs and/ or gymnasia o Indoor bowling alleys including ten pin mechanical bowling alleys o Premises used for laser displays or laser games or war gaming o Theaters, including any theatrical performance, play, dramatisation, concert, or comedy act o Any Act or exhibition to which the Hypnotism Act 1952 applies o Billiards, Snooker or Pool Halls o Exhibitions of objects such as paintings, sculptures, drawings or historical artefacts o Exhibition of persons, including but not limited to boxing, wrestling, cage fighting or martial arts o Saunas, massage parlours, tanning or sunbed salons or nail bars o Motorcycle or quadbike scrambling o Circuses, carnivals or funfairs; including merry-go-rounds, roundabouts, swings, switchback railways, skittle alleys, coconut shies, hooplas, mechanical riding, driving or boating apparatus; or anything similar to any of the foregoing o Track racing or go-carting or off-road driving experiences where the operator provides access to vehicles, including segways, for entertainment purposes o Airshows, including model airshows or hot air ballooning o Amusement arcades o Water sports activities including raft races, wake boarding, water skiing, sail boarding, canoeing and jet skiing activities (where the activity is not defined by a Boat Hire Licence) o Petting zoo, petting farm, llama walking or similar o Amusement arcades with automatic or other machines, including but not limited to video gaming machines, intended for entertainment or amusement which are not licensed in terms of the Gambling Act 2005 o Escape rooms (including puzzle and breakout rooms) o Bouncy castles, any activity involving inflatable structures or similar structures, trampoline venues o Outdoor adventure or activity parks or anything similar to the foregoing Page 15 of 20
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o Sports or activities involving the transportation or propulsion of persons whether by mechanical or other means including gravity including Bungee jumping or catapulting o Fireworks or bonfire displays o Torchlight processions o Agricultural, equestrian, livestock shows, dog shows or events including showing of animals o Major sporting events or fanzones associated with such events o Highland games o “Boot camp” type organised exercise and fitness activities o Adult entertainment defined as any form of entertainment which involves a person performing an act or erotic or sexually explicit nature and is provided wholly or partly for the sexual gratification or titillation of the audience 5) The following public events/activities DO NOT require a licence under the said Section 41: Small scale exhibitions of art work Small scale performance of live music which is incidental to the main purpose of the premises where the performance takes place Small scale oral recitals including poetry reading and story telling Small scale community non-profit festivals, fetes, treasure hunts, duck derbys, galas, organised exercise and fitness activities Definitions “non-profit” is understood to mean a non-commercial event held solely for the purpose of raising funds for the organisation holding the function and NOT for the purposes of making a profit or deriving any other form of financial benefit by any person or organisation, and where ALL surplus funds raised by the event are utilised to further the aims and activities of the organisation holding the event “place of public entertainment” means any place where members of the public are admitted or may use any of the facilities for the purposes of entertainment or recreation (detailed exclusions are listed in Section 41 (2) (a)- (h) of the Act “small scale” is understood to mean a capacity of less than 200 persons at any one time. -----------------------------DRAFT RESOLUTION ENDS ---------------------------------- Page 16 of 20
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Appendix D Definition of “A Place of Public Entertainment” Section 41 of the 1982 Act defines a “place of public entertainment” as meaning any place where members of the public are admitted or may use any facilities for the purposes of entertainment or recreation but does not include— • an athletic or sports ground while being used as such; • premises in respect of which a licence is required under section 41A of this Act while such premises are being used for the purposes mentioned in that section; • a sexual entertainment venue (as defined in section 45A) in relation to which Schedule 2 (as modified for the purposes of section 45B) has effect, while being used as such; • an educational establishment while being used as such; • premises belonging to or occupied by any religious body while being used wholly or mainly for purposes connected with that body; • premises licensed under section 1 of the Cinemas Act 1985; • premises in respect of which there is a club gaming permit (within the meaning of section 271 of the Gambling Act 2005 or a prize gaming permit (within the meaning of section 289 of that Act of 2005); • premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005 has effect in which public entertainment is being provided during licensed hours within the meaning of that Act; • premises in which machines for entertainment or amusement are being provided incidentally to the main purpose or use of the premises where that main purpose or use is not as a place of public entertainment or such other premises as the Scottish Ministers may by order made by statutory instrument specify. Page 17 of 20
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Appendix E Timeline for the review and introduction of an amended Resolution Stage Proposed date 1. Upon approval to commence Consultation: Publish in a local newspaper circulating in the area (The Advertiser) advising of the review of the Midlothian Council Public Entertainment Licensing Resolution and of the 28 days consultation period in which to make written submission. The consultation publication to state: (a) (i) the Authority intends to make a Public Entertainment Licensing resolution; (a) (ii)that representations about the proposed resolution may be made in writing to the authority within 28 days of the first publication of the notice and by the specified date (dd/mm/yyyy) ; and (b) representations so made, will be considered. no later than 31 March 2025 2. Any representations in relation to the proposed new resolution must be made in writing and submitted to the Senior Manager, Protective Services, Place Directorate, Midlothian Council, Fairfield House, 8 Lothian Road DALKEITH EH22 3AA or by email to licensing@midlothian.gov.uk within 28 days of the first publication of this notice and will be considered by the Licensing Authority before any resolution is made. 28 day consultation window closing no later than close of business Monday 28th April 2025 3. Present to GP committee to enable The Licensing Authority may make such modifications to the proposed resolution as they think fit in the light of representations made to them provided such modifications do not extend its scope. 17 June 2025 4. Publish the finalised Resolution under Section 9(2) as soon as it is made in a newspaper or newspapers circulating in their area— (a)the terms of the resolution so made; together with (b)a notice stating— (i)that with effect from the date specified By 30th June 2025 at the latest Page 18 of 20
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as that on which the resolution comes into effect [31 March 2026 ] it will be an offence under section 7(1) of the CG(S)Act 1982 to do without a licence whatever the resolution specifies as being an activity requiring to be licensed; and (ii)that applications for licences in respect of the activity will be considered by the authority after the expiry of one month after the making of the resolution. 5. Accept Applications under the revised Resolution 30th July 2025 onwards 6. Note that In terms of the legislation, the updated wording will come into force nine months after the decision to adopt the new version. 31st March 2026. Page 19 of 20
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APPENDIX F : Midlothian Council Public Entertainment Resolution 2013 (Current ) Public Entertainment Activities: Currently these include:- o Disco dancing establishments o Premises with mechanical rides or simulators intended for entertainment or amusement o Concert Halls o Open air concerts or other events involving the erection of temporary stages o Open air concerts or other events where in excess of 100 persons are present o Clay pigeon shooting o Paintball o Sports or activities involving the transportation or propulsion of persons whether by mechanical or other means including gravity o Any exhibition to which the Hypnotism Act 1952 applies o Any activity involving inflatable structures o Any activity involving shooting o Archery o Indoor play areas for children o Wrestling o Cage fighting o Mechanical bowling alleys o Premises used for laser displays or laser games [ ENDS] Page 20 of 20